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 Mauro Cantamessi Photography’s (MCP) 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 MCP 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.

MCP 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 Mauro Cantamessi Photography’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 MCP online store requires that the customer provide valid Payment Information as required by the online store. MCP 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 MCP’s written request.

The TERMS OF SALE requires the customer agrees to financially reimburse MCP for all costs incurred during the collecting of amounts owed by the customer to either MCP 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 MCP 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). MCP reserves the right to collect the taxes and/or related fees at any time during the purchasing process. In certain jurisdictions, MCP 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 MCP 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. Should the download-link expire, it is the customer's responsibility to make a written request to MCP.

If any physical Media and/or Product(s) are purchased, MCP 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 MCP reliable for any delays in shipping.

MCP 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, MCP 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

Mauro Cantamessi Photography is a small business that produces all frames and prints as ordered and are thus able to provide a limited return policy that will be on a case-by-case basis. If for any reason you, the customer, are unsatisfied with any physical Media and/or Product(s) purchased through MCP’s online store, MCP will accept the return for select reasons within fifteen (15) days of your receipt of the digital or physical product(s), which is determined by the delivery date by carrier. MCP will ONLY accept returns for visually or physically defective products. The customer is responsible for all return shipping costs. Upon successful completion of the return process, and receipt of the returned product, the customer will have the option to either accept a new item of the purchased Media and/or Product or be issued original a full refund of the purchase price paid by the customer less shipping costs, unless the product has been determined to be damaged in anyway as a result of the customer. Any dissatisfaction with color, print type/media, or other similar attributes and reasoning will not be accepted as valid reasons for return. MCP may provide a reprint if there are any visual defects that result directly from the printing process. If the package is damaged during shipment, please reach out to us as soon as possible and send photographs/images of the product packaging “as-received” by you. 

If for any reason the customer is unsatisfied with digital Media and/or Product(s) (i.e., photo download, software preset, etc.), then at the customer’s request, MCP may issue a full refund of the purchased price paid by the customer at the sole discretion of MCP based on the circumstances within the fifteen (15) day window following digital delivery of the product(s). To request a refund or replacement for any purchased Media and/or product, please contact Customer Service at info@maurocantamessi.ch.


Exchange Policy

Mauro Cantamessi Photography 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. If the mistake was caught prior to order fulfillment, there maybe a possibility to correct and issue a refund and/or order the correct product. If this occurs please contact info@maurocantamessi.ch as soon as possible as this window of time to correct an order prior to fulfillment depends on many factors.


Product Availability and Pricing

MCP 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 MCP 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

MCP 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, MCP encourages the customer to report such issues to Customer Service at info@maurocantamessi.ch.

MCP 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 MCP cannot guarantee that your computer will accurately display all Media and/or Product colors and brightness.

MCP 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, JSS 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.

 

Warranties

EACH CUSTOMER HAS THE RIGHT TO RETURN ANY ORDER WITHIN THIRTY (30) DAYS OF PURCHASE AND/OR CONFIRMATION OF DELIVERY. THIS CONSTITUTES THE EXTENT OF MCP’s SOLE AND EXCLUSIVE LIABILITY, REGARDING THE PURCHASE OF ANY MEDIA AND/OR PRODUCT(S) AVAILABLE THROUGH THE ONLINE STORE, AND EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, INCLUDED OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCT(S) UNLESS OTHERWISE STATED. ALL MEDIA AND/OR PRODUCTS MANUFACTURED WHERE AN EXTERNAL WARRANTY IS APPLICABLE SHALL BE SHARED WITH THE CUSTOMER. MAURO CANTAMESSI PHOTOGRAPHY PROVIDES CUSTOMERS WITH SPECIFIC WARRANTIES DEPENDING ON PRODUCT TYPE (LISTED IMMEDIATELY BELOW). THESE WARRANTIES ARE CONSIDERED INVALID IF ANY DAMAGE OR DEFECT OCCURS TO THE PURCHASED PRODUCT THROUGH INCORRECT CARE AND HANDLING OF THE PRODUCT RESULTING IN DISCOLORATION, COLOR FADING, WRINKLES, FOLDS, SCRATCHES, LIQUID SPILLS OR STAINS, CLEANING MARKS, SCUFFS OR ANY OTHER MARKING, TEARS, BURNS, AND ANY ADDITIONAL PHYSICAL DEFECT OF SIMILAR NATURE. ALL WARRANTY CLAIMS SHOULD BE MADE THROUGH CONTACTING info@maurocantamessi.ch. MCP WILL PROCESS YOUR CLAIM AND DETERMINE IF FURTHER ACTION IS NEEDED LEADING TO RETURNS, REPLACEMENT, OR STATING NO ACTION IS REQUIRED.

MCP specific warranties for the dedicated product categories are described below:


NON-LIMITED EDITION PRINTS

Non-Limited Edition Prints are covered under the standard thirty (30) day limited warranty. MCP makes no claim and shall not be held liable for product failure, deterioration, or other defects arising past the initial warranty period. 


LIMITED EDITION PRINTS

These prints are covered under a one (1) year limited warranty from the date of purchase. The extent of which covers fading, discoloration, delamination, or any other artifacts and defects that may manifest once the customer has received the print. This limited warranty does not cover damage or defects of any kind resulting from improper handling, framing, mounting, hanging, cleaning, or etc. This limited warranty does not cover damage or defects of any kind that may result from improper care, storage, environmental factors (such as humidity, sun exposure, heat, cold, catastrophic events), or lighting. This warranty is invalidated upon transfer of sale to any person or organization other than the original purchaser (gift purchases are exceptions, must, however, be announced when ordering the product(s)). Warranty claims shall be only considered valid if the original purchaser supplies proof-of-purchase and valid identification. Upon notification and submittal of evidence, MCP may reject your warranty claim if any of these items are not supplied, or if the warranty claim is deemed invalid due to improper care & handling as mentioned above. If MCP accepts your warranty claim, the original purchaser shall receive an identical print in terms of size, print media, image, and any additional options at no cost to the original purchaser. Payment for the shipping and handling charges of the warranty-claimed item to return the item to MCP is the sole responsibility of the original purchaser. Shipping and handling charges for the replacement print shall be the sole responsibility of the original purchaser. The guarantee for the purchased product(s) starts on the day of its delivery.


Merchandise Warranty, Returns, and Exchanges

Mauro Cantamessi Photography 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. All returns shall be sent to the following return address: Via Lischedo 3, 6802 Rivera, TI-CH


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 info@maurocantamessi.ch, 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, MCP 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!


Privacy Reclaim

In accordance with privacy regulations, in the event that images captured depict individuals during public events, such subjects may request the removal of specific photographs. It is important to note that images already captured and sold will remain an integral part of the catalog and will not be subject to commercial withdrawal.

Image License


Digital Media and/or Product(s) may be available for purchase through the online store or through contract with MCP. 

MCP 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 MCP. 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 MCP 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).


-A commercial license may be available upon request, and will require an additional contractual agreement between MCP and the customer. Please contact info@maurocantamessi.ch for more information.

 

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 indicating the copyright of Mauro Cantamessi Photography


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 MCP.


- The customer may not make images and or prints for personal use from the original work.


- 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 MCP 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 the terms of sale.


Mauro Cantamessi Photography retains all rights, license, copyright, title, descriptions, and ownership of the media contained within these Product(s).

It is illegal and punishable by law if for any reason any watermarked images are used, edited, and or modified without the expressly written permission from Mauro Cantamessi Photography.