Terms and Conditions (updated September 21, 2018)
Carol Fox Henrichs Photography (CFH PHOTOGRAPHY), Leaving Only Footprints.com AND THIRD ROCK ARTS is a franchise of Henrichs Media Group, LLC. Henrichs Media Group, LLC owns and operates the Sites carolfoxhenrichs.com, leavingonlyfootprints.com, cfh.photography, henrichsmedia.com, and carolfoxhenrichs.photography. Access to and use of this Website and the products and services available through these Websites (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Henrichs Media Group, LLC will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Henrichs Media Group, LLC or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Henrichs Media Group, LLC and its licensors. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Henrichs Media Group, LLC you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Henrichs Media Group, LLC retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Henrichs Media Group, LLC or may in some cases be a third party. Where a contract is made with a third party Henrichs Media Group, LLC is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been despatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Purchase of a photographic print or item which displays one of Carol Fox Henrichs’ works allows you to display and use the item for personal use and enjoyment. In all cases, Carol Fox Henrichs retains all intellectual property rights, unless explicitly stated in a separate agreement.
SHIPPING PHOTOGRAPHIC PRINTS
All CFH Photography artwork is custom made. Please allow two to six weeks for production and delivery of your art. It is in our best interest to deliver all products in excellent condition by using heavy packing materials to ensure your artwork arrives safely.
Limited Edition prints will be hand signed. A delay in attaining Carol’s signature may occur due to her travel and result in a longer production period. We will notify you if your artwork is delayed longer than six weeks.
In stock artwork ships in 48 to 72 hours.
We offer domestic and international shipping on unframed art only which will be subject to normal domestic and international shipping rates. We ship to various parts of the U.S. and the world. CFH Photography. reserves the right to not accept orders or ship to certain locations.
Shipping fine artwork requires special handling and care. Please understand when getting something shipped that the price includes handling. We take care and time in packaging all pieces of artwork. We offer you the lowest shipping and handling charge we can in each case.
Print artwork may be packaged and sent flat or rolled in heavy duty art tubes.
We provide in-transit insurance on all artwork we ship to you. For returns, the client must pay for the insurance. In some cases, the artwork value exceeds our insurance limits; the client will need to pay the difference in insuring such art.
To help the environment and our source of inspiration, please recycle all packaging materials.
Shipping prices are calculated based on size and weight at the time of purchase.
We ship products, excluding prints, Monday through Friday via USPS or FedEx. In stock products typically ship 48-72 hours from time of purchase.
Shipping applies to United States delivery addresses, Additional handling fees may still apply for orders outside the US.
We ship to various parts of the world and timing is dependent on location and logistics. Shipping can be done via DHL, USPS, FedEx and other private carriers. It is expensive and requires a detailed account from shipper as to what is included. Sometimes various taxes, duties and tariffs are not included by carrier. We can make special arrangements for international shipping or you can make arrangements with your trusted carriers.
If you received an order in error please contact our office immediately for assistance. If you wish to return your purchase, you may return the item within 14 days of receipt. We will issue refunds or store credit for products returned (less shipping and a 5% transaction fee) in the original packaging AND if received in saleable condition. Please to do not return items without a return authorization—contact us first so we can provide shipping instructions.
If 14 days have gone by since you received your item, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused, in the same condition that you received it and in the original packaging.
Gift cards/certificates are non-returnable.
To complete your return, we require a receipt or proof of purchase.
We will gladly replace items if they are defective or damaged during shipping from us to you. If you need to exchange it for the same item, send us an email us to receive instructions.
You are responsible for paying shipping costs for returning your item. Shipping costs are non-refundable.
At delivery you must inspect the package, crate, or tube for visible damage and note any damages on the carriers’ delivery receipt. In the rare instance of damage, we recommend you immediately follow the instructions below:
- Within 48 hours of delivery you must contact our office by email at email@example.com or phone with a brief explanation of the damage. Please also attach photographs of the damaged (items) and the packing materials. This information is required for insurance claims.
- Retain all packaging materials. Do not throw away anything.
- The carrier may request additional information for the insurance claim. Once all documentation has been received, it takes approximately two weeks for the shipping company to process the insurance claim.
- We will ship your replacement as soon as the carrier notifies us the insurance credit has been approved. All our artwork is custom made and takes between four to six weeks for production and delivery.
Please note, unless reported within 48 hours of delivery, damaged items will not be accepted for return or credit.
ONLINE WORKSHOP REFUNDS
Should you need to cancel, you must do so no less than 30 business days prior to the course START date to receive a refund, less a handling fee of 5%.
If you cancel between 30 and 10 business DAYS prior to the course START date, you will receive a 50% refund.
If you cancel between 10 and 1 business day(s)prior to the course START date, there is NO refund of the course fee paid.
If we need to cancel a session for any reason, a full refund or credit for another workshop taken within 12 months will be issued promptly following cancellation.
If you would like to transfer to a different course, or different dates for the same course, we would be happy to accommodate your request on a space-available basis.
ON LOCATION WORKSHOP & TOUR REFUNDS
If we need to cancel a session for any reason, a full refund or credit for another EVENT taken within 12 months will be issued promptly following cancellation. Please check on your workshop status before making travel arrangements. CFH PHOTOGRAPHY is not responsible for reimbursement of airline tickets OR OTHER TRAVEL EXPENSES. We encourage all participants to consider purchasing travel insurance.
TOUR AND FIELD WORKSHOP TERMS AND CONDITIONS AND CANCELLATIONS
Further terms and conditions may apply to CFH PHOTOGRAPHY On Location Tours and Field Workshops. If so, those will be provided at time of the event or at request.
Should you need to cancel, you must do so no less than 90 business days prior to the event start date to receive a FULL refund, less a handling fee of 7% (plus any transaction fees that apply) AND the non-refundable deposit as stated in workshop description.
If CFH PHOTOGRAPHY receives written notification cancelling your Trip more than 45 days prior to the planned departure of your Trip, CFH PHOTOGRAPHY will refund 75% of the tour/workshop cost, less a handling fee of 7% (plus any transaction fees that apply) AND the non-refundable deposit as stated in workshop description.
If CFH PHOTOGRAPHY receives written notification cancelling your Trip at least 14 but no more than 45 days prior to the planned departure of your Trip, CFH PHOTOGRAPHY will refund 50% of the tour/workshop cost, less a handling fee of 7% .
There will be no refund for cancellations by you 13 or fewer days before the event start date.
CFH PHOTOGRAPHY reserves the right to cancel a tour/workshop for any reason whatsoever. All payments that were received will be promptly refunded. This refund will be the limit of CFH PHOTOGRAPHY’s liability.
DISCLAIMER OF LIABILITY
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Henrichs Media Group, LLC and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Henrichs Media Group, LLC’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Henrichs Media Group, LLC and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Henrichs Media Group, LLC.
You agree to indemnify, defend and hold harmless Henrichs Media Group, LLC, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Henrichs Media Group, LLC shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Henrichs Media Group, LLC . Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a member of Henrichs Media Group, LLC.
Henrichs Media Group, LLC operates the Sitescarolfoxhenrichs.com, leavingonlyfootprints.com, cfh.photography, henrichsmedia.com, and carolfoxhenrichs.photography. This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from visitors/users of the Sites. We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.
Information Collection And Use While using our Site
We may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name and email address (“Personal Information”). Newsletter signup forms collect information necessary for delivering the newsletter to you. We do not share or sell that information.
Like many site operators, we collect information that your browser sends whenever you visit our Site (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics.
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive. Like many sites, we use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.