Terms and Conditions of Sale

I. INTRODUCTION

TERMS AND CONDITIONS OF SALE

IMPORTANT! THESE TERMS AND CONDITIONS OF SALE GOVERN YOUR PURCHASE OF PRODUCTS FROM THIS SITE AND FROM PIXTORIE. BY PURCHASING PRODUCTS FROM THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE.

Definitions

"You" and "Your" means and/or refers to You, the customer of Pixtorie and/or purchaser of Pixtorie products from this Site or from Pixtorie via any other means.

"We", "Us" and "Our" mean and/or refer to Pixtorie, LLC, a California limited liability company and/or Pixtorie.com.

"Parties" mean and/or refer to You and Us.

"Site" refers to www.pixtorie.com and any other website owned, maintained or linked to by Us, and includes, without limitation, our TERMS OF USE and our PRIVACY POLICY, which are incorporated into these Terms and Conditions of Sale by this reference.

Terms and Conditions are Binding for All Purchases

All orders are deemed offers by You to purchase Our products. We may accept Your offer by issuing a confirmation e-mail and/or shipping the products specified in Your order. Our acceptance of each such offer is expressly subject to and conditioned on Your assent to these Terms and Conditions of Sale. Other than Our TERMS OF USE and PRIVACY POLICY, no other terms or conditions will apply.

Prices

All prices posted on this Site are subject to change without notice. Prices prevailing at commencement of shipment apply. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to Your invoice.

Payment

All payments must be received by Us before we commence construction of Your product. We accept payment by check, money order and the following credit cards: Visa, MasterCard and American Express.

Shipping and Handling

We will arrange for shipment of the products to You. Title and risk of loss and damage pass to You upon Our transfer of the products to the shipping carrier. You will pay all shipping and handling charges specified during the ordering process. Shipping schedules are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

No Return/No Refund Policy

While we have a no-return/no-refund policy, it is still very important to us at Pixtorie that you are happy with your purchase. If you are unhappy with your album, please contact customer care at customercare@pixtorie.com. Once we receive and review your email, and if we deem it appropriate to do so, we will work diligently to remedy the issue in a timely fashion. Please understand that due to the highly customized, hand-made nature of our products -- which use your photos -- we are unable to exchange, replace or change your product once it is created.

Changes or Cancellations

All sales are final. We may, without liability, cancel any accepted order before shipment if Our credit department does not approve Your payment, if Your credit card is rejected or if there are other problems with Your payment.

No Warranties

WE DO NOT PROVIDE ANY WARRANTY WITH REGARDS TO OUR PRODUCTS. PLEASE ALSO NOTE THAT DUE TO THE WIDE RANGE AND VARIETY OF DIGITAL CAMERAS AND DIGITAL IMAGING EQUIPMENT AVAILABLE, AND DUE TO THE NUMEROUS OTHER FACTORS ASSOCIATED WITH PHOTOGRAPHY, IMAGING AND DEVELOPMENT, WE HAVE NO CONTROL, NOR COULD WE HAVE ANY CONTROL, OVER THE QUALITY OF THE PHOTOS AND IMAGES YOU SUBMIT TO US FOR USE IN OR WITH ANY PRODUCT. AS A RESULT, WE PROVIDE NO WARRANTY WHATSOEVER WITH REGARDS TO THE QUALITY OF ANY PHOTOGRAPHS OR QUALITY OF PRINTING OF ANY PHOTOGRAPHS YOU SUBMIT TO US.

IN NO EVENT WILL OUR LIABILITY, WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S). PLEASE NOTE THAT DUE TO THE HIGHLY CUSTOMIZED NATURE OF OUR PRODUCTS, WE CANNOT PROVIDE ANY REFUNDS.

ALL WARRANTIES ARE DISCLAIMED, WHETHER EXPRESS, IMPLIED, LIMITED OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OR MISUSE OF A PRODUCT.

If You have any questions, You may contact Us at the following address:
Pixtorie, LLC
31111 Agoura Road, Suite 245
Westlake Village, CA
91361
info@pixtorie.com

Request for Consent for Commercial E-mail

Acknowledgement of these Terms and Conditions of Sale are an express request for Your affirmative consent to receive commercial e-mail from Us, pursuant to 15 U.S.C. section 7701, et seq. By agreeing to these Terms and Conditions of Sale, you acknowledge such affirmative consent and agree to receive commercial e-mail from us, as that phrase is used in 15 U.S.C. §7701, et seq. ("Commercial E-Mail") It is our policy to provide a simple and easy means to "opt-out" of Your agreement and consent to receive Commercial E-Mail from us. We provide instructions and a means to opt-out of receipt of Commercial E-Mail from us in the text of the Commercial E-Mail messages sent by Us to You. We only share Your information in limited circumstances, which are outlined in our Privacy Policy.

Miscellaneous

Any specifications and descriptions made anywhere on this Site are estimates only, are not guaranteed and are subject to change without notice. We reserve the right to furnish materially equivalent substitutes for materials which cannot be obtained in sufficient quantities, or to cancel the excess portion of any order. We shall not be in default if Our performance is delayed or rendered impossible by acts of God, war, civil commotion, governmental action, fire, storm, flood, explosion, strikes, walkouts, other industrial disturbances, or any other cause beyond Our reasonable control. We may revise or modify products, product information or pricing without notice. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHIC, INPUT OR UPLOADING ERRORS MADE BY YOU BEFORE, DURING OR AFTER YOU SUBMIT YOUR ORDER OR DURING THE CREATION AND DESIGN OF YOUR ORDER. We are an independent contractor service and product provider; no employer-employee, partnership, joint venture or any other type of relationship is created or intended by Your order or our fulfillment of the same.

These Terms and Conditions of Sale will be governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. The Parties specifically disclaim application of the Convention on Contracts for the International Sale of Goods. You specifically consent to arbitrate any dispute between You and Us arising out of or related to these Terms and Conditions of Sale, the Site or pertaining to the subject matter hereof or thereof. You agree and consent that any such arbitration shall be conducted through the American Arbitration Association ("AAA") and shall be handled pursuant to the AAA's Commercial Arbitration Rules and Mediation Procedures and that the venue of such arbitration shall be the State of California, County of Los Angeles. The Parties to these Terms and Conditions of Sale each agree that the State of California, County of Los Angeles shall be the exclusive venue for any dispute between the Parties arising out of these Terms and Conditions of Sale, pertaining to the subject matter of these Terms and Conditions of Sale or pertaining to any other matter related to Our products, Your order and/or Our Site. You hereby consent to the personal jurisdiction of the AAA and the State of California, County of Los Angeles.

If any part of these Terms and Conditions of Sale is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions of Sale constitute the entire agreement among the Parties relating to this subject matter. To the extent a proposal, purchase order, confirmation letter, or the like is inconsistent with these Terms and Conditions of Sale, unless expressly agreed in writing otherwise, these Terms and Conditions of Sale will govern.

Last updated: January 2007.

© 2007 Pixtorie, LLC