TERMS OF SALE APPLICABLE TO

MEDIA, PRODUCTS, & SERVICES

(“TERMS OF SALE”)

All TERMS OF SALE listed here are applicable to the purchasing of any images, prints, canvases, imaging services, Media and/or other Product(s) available through Phoenix Productions ATL’s (PPA) online store. The TERMS OF SALE may not be altered or amended in any way through the use of any other document, such as purchase orders, emails, etc. A separate written agreement between the customer and JSS must be validated and signed if any alterations or amendments to the TERMS OF SALE are instituted. In the event of conflict between TERMS OF SALE and provisions stated in the TERMS OF USE, the document TERMS OF SALE will govern control conditions of all Products.

PPA facilitates purchasing of Products manufactured through its relationship with its party vendors. Purchasing of these Products, will constitute your personal acknowledgement that through the manufacturing, printing, etc. of these any of the available Media and/or physical medium Products is performed by said vendors, and that Phoenix Productions ATL’s role is solely to facilitate and support these vendors for each order pursuant to these TERMS OF SALE.

PRICING & PAYMENT TERMS

Purchasing of Media, Products, and/or Services through PPA online store requires that the customer provide valid Payment Information as required by the online store. PPA reserves the right to terminate a customer’s order for any and all purchases where we are unable to process your provided Payment Information and you do not provide an alternative payment form upon PPA’s written request.

The TERMS OF SALE requires the customer agrees to financially reimburse PPA for all costs incurred during the collecting of amounts owed by the customer to either PPA or third-party vendor including, without limitation, attorneys’ fees and costs of any collection agency used.

The customer is solely responsible for any taxes that they are obligated to pay, or that PPA is required to collect related to any purchase of Media and/or Product(s). If you the customer do not pay the required sales and/or other taxes or fees at the time of transaction, you the customer will be solely responsible for the taxes and/or fees if they are later determined to be payable for the sale of Media and/or Product(s). PPA reserves the right to collect the taxes and/or related fees at any time during the purchasing process. In certain jurisdictions, PPA may be required to collect and subsequently remit sales tax relating to any purchase of Media or Product(s). These taxes shall be then added directly to the purchase price of the Media and/or Product(s) and will be included on the respective invoice and/or receipt.

PHOTO DOWNLOADS; SHIPPING TERMS AND POLICIES

If any digital download of Media and/or Product(s) is included under purchase agreement, or contract, the download will be made available through PPA Sales upon receipt of valid Payment Information, or alternatively through an email address provided at the time of purchase. Downloads are only available once, and it is the responsibility of the customer to save the file following download.

If any physical Media and/or Product(s) are purchased, PPA will use all commercially reasonable efforts in conjunction with third party vendors to ship all orders for such purchases within the estimated delivery time applicable and chosen by the customer presented at order checkout. The customer will not hold PPA reliable for any delays in shipping.

PPA and its utilized vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. The customer accepts all financial responsibility for shipping charges, which will be included, shown, and available for view during the order process. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, PPA will contact you with the correct shipping costs before processing your order, and the customer will have an opportunity to cancel your order.

RETURN POLICY

PPA does not accept returns under any circumstances.

EXCHANGE POLICY

Phoenix Productions ATL does not accept exchanges. If the incorrect size, incorrect print, or incorrect product is ordered, the customer is solely responsible for the costs of the product and its shipping costs billed at time of purchase.

PRODUCT AVAILABILITY AND PRICING

PPA and its vendors may revise or discontinue available Media and/or Product(s) at any time without prior notice. It is possible that these Media and/or Product(s) may become unavailable even after an order is place, in which case PPA will issue a full refund or replacement depending on the customer’s request. All prices are subject to change without notice.

PRODUCT DESCRIPTIONS, PRICING & ERRORS

PPA endeavors to maintain up-to-date and accurate information for all Media and/or Product(s) available through the online store, and strives to eliminate any errors. If any errors are detected, PPA encourages the customer to report such issues to Customer Service at contactphoenixprod@gmail.com.

PPA does not guarantee that all Media and/or Product Descriptions, Photos, Prints, Pricing, or other photographic materials or services are complete, accurate, reliable, current, or error-free. All listed product weights and dimensions are approximate. The customer acknowledges that variation in applicable color and/or brightness can vary depending on type of device used to view the online store, and PPA cannot guarantee that your computer will accurately display all Media and/or Product colors and brightness.

PPA and its vendors reserve the right to format, manipulate, or modify any Media and/or Product(s) as required to satisfy each respective order. If any Media and/or product purchased by the customer is not as described or pictured, the customer’s sole course of action is to return the Media and/or product in unused condition for a full refund (less original shipping costs) within thirty (30) days of receipt.

In the event of any error, PPA reserves the right to remedy and correct such error and charge the correct price for the customer purchased Media and/or Product(s) or cancel the order. The customer’s sole course of action in event of such error is to cancel the order.

MERCHANDISE WARRANTY AND RETURNS & EXCHANGES

Phoenix Productions ATL makes no warranty claim for its provided products. If there is any defect with the merchandise (apparel, home goods, etc.) it will be replaced at our expense and an equivalent product will be provided at no additional charge to the original purchaser. Though the original purchaser is responsible for all shipping charges to return the original and defective item as well as the new replacement item.

For packages lost in transit, all claims must be submitted no later than 4 weeks after the estimated delivery date.

Keep in mind that if tracking information states an order was delivered but the original purchaser thinks they haven’t received it, we won’t take responsibility and reship that order.

If something arrives damaged, send a photo of the damaged goods to contactphoenixprod@gmail.com then we’ll gladly send a replacement at no cost to you.

Any returns or problems that occur because of an error on our part will be handled at our expense. If the original purchaser would like to exchange or return a product without any defect or due to a wrong size being ordered we will not accept the return or exchange

If the item is returned to our facility, someone from our team will contact you regarding the return. We will ship the return back to you; however, you will be responsible for the shipping cost a second time. Unclaimed returns get donated to charity after 4 weeks.

Any claims for misprinted/damaged/defective items must be submitted within 4 weeks after the product is received. For packages lost in transit, all claims must be submitted no more than 4 weeks after the estimated delivery date.

If the recipient’s entered address is wrong, then you are held responsible. Usually, the package is sent back to the return address and the original purchaser will be responsible for updating your address so we can reship the product to the correct address. Additional shipping fees will apply.

If the package was marked as delivered by the carrier, but the customer reports they have yet to receive it, PPA will not be held responsible for the cost of the item or shipment.

There may be cases where the delivery was made, but the package was left in an unexpected location at the customer’s address. Customers should reach out to the carrier and inquire if any additional details were left by the delivery person. For example: “Left under the table on the back porch.”

If you are unable to locate the package, you will need to place a new order to have it reshipped. We’re not yet able to assist with filing claims with shipping carriers but hope to do so in the future!

DIGITAL IMAGE LICENSING

Digital Media and/or Product(s) may be available for purchase through the online store or through contract with PPA. PPA permits the buyer a non-exclusive, non-transferable perpetual, non-commercial license to download and copy the agreed upon Media and/or Product(s), of which are subject to the below restrictions listed below:

The license is solely to be used for personal use and non-commercial work. No commercial use of the Media is permitted under this agreement, unless a commercial license is purchased. Title, ownership, copyright, and all rights both current and in the future, of the Media and/or Product(s) will belong exclusively to PPA. There are no warranties, express or implied under this provision, and the customer accepts that the Media and/or Product(s) are provided ‘as is’.
Under this provision, neither PPA and/or utilized vendors will be held liable for any additional third-party claims, incidental, consequential, or otherwise alleged damages arising out of the license or buyer’s use of the purchased Media and/or Product(s).

CUSTOMER ALLOWABLE ACTIONS

Customer Allowable Actions include all personal and non-commercial use of the Media and/or Product(s), which permits the customer to perform the following actions:

The customer may display Product(s) and Media on personal websites and computers.
The customer may make images and or prints for personal use.

CUSTOMER BARRED ACTIONS:

Customer Barred Actions include all non-personal and commercial use of the Media and Product(s), which prohibits the customer to perform the following actions:

The customer may not resell, relicense, sub-license, or otherwise redistribute Media and Product(s) without expressed written permission directly from PPA.
The customer may not use the media in any fashion that requests and/or charges others money or fees, and may not under any circumstances receive any financial compensation, payment, or remuneration for the usage of any Media or Product(s) in advertising.
The customer may not utilize the Media or Product(s) in a pornographic, explicit, illegal, immoral, slanderous, defamatory manner, and shall not associate with such content in any form.
The customer shall not incorporate the Media, Product(s), or PPA brand or logo into any trademarks, logos, or service marks.
The customer shall not make any purchased Media or Product(s) available for download.
The customer shall not utilize any Media or Product(s) for business, educational, events, or other non-personal uses, all of which, require a commercial license as specified by this TERMS OF SALE.