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November 21, 2009
TERMS

Alchemy Albums believes in the trust and the goodwill of our clients, however as everyone knows, somewhere there has to be some fine print, so here it is – 

TERMS AND CONDITIONS

These terms and conditions apply to all services and products commissioned by the “client” (person, company, partnership, organization, body or you) from Alchemy Albums by submission of this order.

TIMING: Alchemy Albums will make every effort to release an initial design layout within 10 business days of order or receiving content images/copy, whichever comes last.* Design changes and corrections are usually returned within 3-5 days. However, the release of the final design is subject to client changes and final approval. Design turnaround time is dependant on the number of changes and timely approval returns by the client. (Any client that does not communicate with Alchemy Albums within 14 days of the proof being sent will be charged $10 for each page of design and the commission will be terminated.) Once final design approval has been received from the client, design files will be given to the specified manufacturer for product completion.  Final product may take up to 10 weeks for delivery after design approval, depending on the specific manufacturers turn-around time.

LIABILITY: Although Alchemy Albums endeavours to carry out all commissions to the highest standards, it hereby excludes itself, its employees, its manufacturers and any commissioned work from: All and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of designs and albums; All and any liability for loss or damage to client files, supplied for use on a commission, immaterial whether the loss or damage results from negligence or otherwise; All and any liability due to poor image quality reproduction from client submission of inadequate image files. Alchemy Albums reserves the right of refusal to design or have manufactured any material it deems pornographic or obscene in nature. In some instances, authorities may be notified.

COPYRIGHT: The client acknowledges that all images provided are yours and copyrighted by you. Client will not hold Alchemy Albums responsible and client will protect us from any legal actions taken as a result of copyright or trademark violation. If the client is not the original photographer, client will submit with order, a copy of the original contract with the photographer of the submitted images. Contract must contain legitimate contact information for said photographer. 

PAYMENT:  Do to the highly custom nature of our products, full payment is due at time of order. All payments by credit card via PayPal, check or money order must be made in U.S. currency. *Design process will not begin until after checks and money orders have cleared. Prices listed are pre-tax. Taxes will be applied at check-out, as per state and local laws with the exception of international customers. International clients are liable for all duties/taxes/tariffs for their country/state/region.

CANCELLATIONS, EXCHANGES AND REFUNDS:  1) All albums offered by Alchemy Albums are custom made-to-order products.  There are NO exchanges or refunds on any products. 2) Order cancellations must be made in writing within 24 hours of order for complete refund. Cancellations after 24 hours will be subject to charges determined by the amount of work already completed. 3) In the event that we are unable to provide you with satisfactory design, we will refund your payment or portion of, at our discretion. 4) Final proof reading. In the event the client approves the layout and errors such as, but not limited to, typographic errors or misspellings, remain in the finished product, the client is responsible for any and all additional costs incurred due to the error. If such an error is found, Alchemy Albums will correct the digital file for free. 5) Orders cannot be cancelled or refunded for any reason after the client approves design and the files have gone to the manufacturer for production.

ACCEPTANCE & SHIPMENT: 1) Alchemy Albums only ships via United States Postal Service Priority Mail and offers full insurance options for all domestic U.S. orders and international orders where permitted. 2) Client is responsible for all shipping and handling charges. If shipping insurance is not selected at time of order, client assumes any and all liability for loss or damage of product during shipment. 3) If an insured item is lost or damaged in transit, the client must notify Alchemy Albums and the shipper within 48 hours of receipt or expected delivery and MUST SAVE ALL PACKAGING MATERIALS. Failure to do so MAY result in a denial of a claim for loss or transit damage by the carrier/insurance company. Claims may or may not be expedited if photographs of the unopened damaged package AND photographs of content damage are submitted within the initial 48 hours. 4) Alchemy Albums will send a replacement only for insured lost/damaged items and only upon settlement of the insurance claim by the insurance company with Alchemy Albums for the lost or damaged item. This process can take up to 120 days per the carrier’s and insurance company’s policy/tariff, and longer for international shipments. Damaged shipments must be securely packaged and returned for replacement. 5) All items packaged by Alchemy Albums are guaranteed to be packaged within the carriers guidelines and if a claim for damage is denied due to improper packaging, Alchemy Albums will replace and ship the item at our cost only upon completion of any related appeals by Alchemy Albums to the carrier/insurance company and upon return of the damaged shipment. 6) International clients are liable for all duties/taxes/tariffs for their country/state/region.

LIMITED WARRANTY: Alchemy Albums inspects each custom album when it arrives from the manufacturer. Alchemy Albums warrants custom album products will be free from defects in material and workmanship for thirty (30) days following the date of shipment. If any albums are found by Alchemy Albums to be defective during such period, we will replace or repair the album at our discretion. Alchemy Albums will not initiate replacement or repair until the damaged or defective book has been returned. In no event shall Alchemy Albums be liable for incidental or consequential damages.

PROMOTION:  Alchemy Albums is proud of our work and we like to display it on our website. Unless specifically requested that we do not, by accepting these terms and conditions, you are providing us with permission to use any materials on our website(s) with copyright credits going to you and/or your photographer.

ACCEPTANCE OF CONDITIONS:  By placing an order with Alchemy Albums you confirm acceptance of our terms and conditions and will hold Alchemy Albums and it’s staff to no obligation of any and all disagreements to these terms and conditions and any expense or legals fees if needed. These terms and conditions shall be governed and construed in accordance with the laws of the State of Ohio and any disputes under this Agreement may be litigated in Federal or State Courts located in Hamilton County, Ohio.

MISCELLANEOUS: This Agreement contains the entire agreement between the Client and Alchemy Albums and no statement, correspondence or other term shall modify or affect the terms hereof.




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