Terms and Conditions
These terms and conditions (the "Terms and Conditions") govern the use of GentleSeas.com (the "Site"). This Site is owned and operated by GentleSeas Photography. This Site is an ecommerce website.
By using this SIte, you indicate that you have read and understand these Terms and Conditions, and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of GentleSeas Photography and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
User Contributions
Users may post the following information on our Site:
Accounts
When you create an account on our Site, you agree to the following:
Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.
The following goods are available on our Site:
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Payments
We accept the following payment methods on our site:
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
You will be required to pay delivery charges in addition to the price for the goods you purchase.
If you purchase goods from us for delivery to a destination outside the United States, your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes, and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong persons as a result of you providing us with inaccurate or incomplete information.
Refunds
Refunds for Goods
Refund requests must be made within 30 days after receipt of your goods.
We accept refund requests for goods sold on our Site for any of the following reasons:
Returns
Returns can be made by mail. To return a good by mail, follow the following procedure:
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
GentleSeas Photography and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site, you indemnify and hold harmless GentleSeas Photography and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Arizona.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and GentleSeas Photography are unable to resolve any dispute through informal discussion, then you and GentleSeas Photography agree to submit the issue before a mediator. The decision of the mediator will not be binding.. Any mediator must be a neutral party acceptable to both you and GentleSeas Photography. The costs of any mediation will be paid by the unsuccessful party.
Notwithstanding any other provision in these Terms and Conditions, you and GentleSeas Photography agree that you both retain the right to bring an action in small claims court, and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal, and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time, in order to maintain compliance with the law, and to reflect any changes to the way we operate our Site, and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions, or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
Phone - (252) 564-4713
Email - sandy@gentleseas.com
Mail - 4764 E Sunrise Drive #575, Tucson, AZ 85718
You can also contact us through the feedback form available on our Site.
Effective Date : 17th day of December, 2022
By using this SIte, you indicate that you have read and understand these Terms and Conditions, and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
Intellectual Property
All content published and made available on our Site is the property of GentleSeas Photography and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent; or
- Post any material that may be deemed inappropriate or offensive.
User Contributions
Users may post the following information on our Site:
- Public comments.
Accounts
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account, and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.
The following goods are available on our Site:
- Personalized products containing photography by Ed Gowland.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Payments
We accept the following payment methods on our site:
- Credit Card; and
- Paypal.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
- Standard delivery in the United States takes 5-8 business days; or
- Standard delivery outside the United States takes 14-21 business days.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
If you purchase goods from us for delivery to a destination outside the United States, your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes, and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong persons as a result of you providing us with inaccurate or incomplete information.
Refunds
Refunds for Goods
Refund requests must be made within 30 days after receipt of your goods.
We accept refund requests for goods sold on our Site for any of the following reasons:
- Good is broken;
- Goods does not match description;
- Good is the wrong size; or
- Good does not meet the purchaser's expectations.
- Personalized items.
Returns
Returns can be made by mail. To return a good by mail, follow the following procedure:
- Pack goods carefully, along with a copy of the original receipt, attach a return label, go to nearest post office and pay necessary postage.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
GentleSeas Photography and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site, you indemnify and hold harmless GentleSeas Photography and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Arizona.
Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and GentleSeas Photography are unable to resolve any dispute through informal discussion, then you and GentleSeas Photography agree to submit the issue before a mediator. The decision of the mediator will not be binding.. Any mediator must be a neutral party acceptable to both you and GentleSeas Photography. The costs of any mediation will be paid by the unsuccessful party.
Notwithstanding any other provision in these Terms and Conditions, you and GentleSeas Photography agree that you both retain the right to bring an action in small claims court, and to bring an action for injunctive relief or intellectual property infringement.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal, and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time, in order to maintain compliance with the law, and to reflect any changes to the way we operate our Site, and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions, or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
Phone - (252) 564-4713
Email - sandy@gentleseas.com
Mail - 4764 E Sunrise Drive #575, Tucson, AZ 85718
You can also contact us through the feedback form available on our Site.
Effective Date : 17th day of December, 2022