Terms of Service
OVERVIEW
This website is operated by Waves & Wonders - Fine Art by Amy Medina Photography. Throughout the site, the terms “we”, “us” and “our” refer to Waves & Wonders - Fine Art by Amy Medina Photography. Waves & Wonders - Fine Art by Amy Medina Photography offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. 

These terms and conditions govern your use of the product fulfillment service offered via this Site ("Service") and all orders placed by you for products based on the content and imagery advertised on this Site ("Products").
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). All images are © Amy Medina - Amy Medina Photography - Waves and Wonders Fine Art ALL RIGHTS RESERVED

You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Waves & Wonders - Fine Art by Amy Medina Photography, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Waves & Wonders - Fine Art by Amy Medina Photography and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20- Orders

 All orders placed by you through our Site will be subject to these terms and conditions. All orders shall be deemed to be an offer by you to purchase the Products. We are under no obligation to accept your order (whether or not the order has been acknowledged).

 We will send you an email to acknowledge receipt of your order; this does not constitute our acceptance of your order. Once payment for the Products has been received, we will confirm that your order has been accepted.

 Our acceptance of your order brings into existence a legally binding contract between us with respect to such order.

 If there are any problems with your order, you will be contacted by a member of the customer services team.

SECTION 21 - Specifications

4.1. The Company has made every reasonable effort to display on the Site as accurately as possible a description of the Products. However, some slight variations may occur from time to time in relation to the colors and the appearance of the images from the way they appear on screen. Also, sizes and material specifications may slightly vary each time.

Section 22 - Price and payment

The price for the Products that you order will be the price quoted on the Site at the date the order is received.

 Please note that we currently only accept payment in US dollars. From time to time we may choose to display prices on the Site in foreign currencies as well as US Dollars. If we do so, it is purely for illustrative purposes and the conversion rates are approximate only. If you purchase Products using a payment card for a foreign currency-denominated account, the conversion rate will be that applied by the relevant payment scheme at the time of processing the transaction.

If you are purchasing Products from within the United Kingdom, prices include VAT and any other applicable taxes. If you are purchasing Products from any other country, including the USA, and you will be responsible for paying any applicable sales, use, excise, value added, consumption and other such taxes (at the then-current rate).

Prices include delivery unless otherwise stated on the Site.

Payments must be made by credit or debit card (please see the relevant part of the Site for a list of those payment cards accepted and method of payment). By submitting a credit or debit card number, you: (a) represent and warrant that your use of the particular card is authorized and that all information that you submit is true and accurate; and (b) authorize us to charge to the card you tendered all amounts payable by you to us based on the Products you order.

You may be subject to validation checks and/or third-party authorizations depending on your method of payment.

Section 23 - Delivery

The Company aims to deliver your Products as soon as possible after placing your order. If we cannot deliver the Products within 30 days of your order, we will notify you and you will be entitled to cancel your order and a refund will be made to you. In no event shall we be liable to pay for any damages or penalty for any delay in delivery of the Products however caused.

All deliveries must be signed for (please ensure that the Products delivered match the driver's paperwork and that the Products are undamaged) and you should keep your delivery note and packaging. You are required to notify customer services at amymedinaphotography@gmail.com within 14 days if any Products are missing or damaged on delivery. 

Risk in the Products shall pass to you once they have been delivered to the delivery address stipulated in your order and we will not be liable for their loss, damage or destruction after delivery has taken place.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any Products purchased from this Site. By placing an order, you represent that the Products ordered will be used only in a lawful manner.

Section 24 - Your right to cancel

All Products are custom-made ("Bespoke Orders") to your specifications and personalized to your requirements, and you cannot cancel your order except as set out below.

For Bespoke Orders, you may cancel your order at any stage before, and up to seven (7) days after you have placed your order with us, provided we have not dispatched the relevant Products to you. To do this you must notify us in writing at the address above or by sending an email to amymedinaphotography@gmail.com.

For all other orders which are not Bespoke Orders, you may cancel your order before and up to seven (7) working days after the Products are delivered to you ("Cooling Off Period") provided:

You notify us in writing (by sending an email to amymedinaphotography@gmail.com) before the Cooling Off Period ends that you wish to cancel the order; and
if the Product(s) have been delivered to you, you will return them to us (at your own cost) in an 'as new' condition as they were on delivery.
Where you cancel an order in accordance with the procedures above, we will (at your request) either exchange the Products or refund the amount you have paid. Refunds will be credited to the payment method used to make the original purchase.

Until you return the Products to us you are responsible for their safekeeping and taking reasonable care of them. It is your responsibility to package the Products adequately and safely, as we do not accept liability for packages damaged during transit back to us.

Section 25- Cancellation by us

We reserve the right to cancel any order (or any part of the order) if for any reason:

1. the Products ordered by you are no longer available;
2. The products are withdrawn from our Service by the authorized licensees or the copyright owners; or
3. The products cannot be supplied to you in the country where you reside;
in which event we will notify you by email and refund any payments you have made for that order or that part of the order.

We endeavor to make sure that all prices advertised on the Site are correct, However, if we discover that the Products you have ordered were listed at an incorrect price we will inform you of the correct price as soon as possible. We will give you the option of re-confirming your order or canceling it; if you choose to cancel your order we will refund any payments made.

We will not be obliged to offer any additional compensation for disappointment suffered if your order is canceled for any reason.

We may terminate or suspend your use of and registration on this Site at any time if you breach any of these terms and conditions or for your inappropriate or unlawful behavior, without any liability or further obligation of any kind whatsoever to you or any other party.

We reserve the right to modify, suspend, or discontinue this Site, the Service, or any Products (or any part thereof) at any time with or without notice to you. We shall not be liable to you or any third party for any such modification, suspension, or discontinuation.

You agree to indemnify us and hold us harmless from any and all third party claims and demands, including reasonable legal fees, for damages and costs due to or arising out of your breach of these terms and conditions or your use of this Site, the Service, or any Products.

Section 26 - Limited express warranty for defective products

All Products supplied by us will be free from material defects and be of a satisfactory quality.

If the Products are materially defective or incorrect on delivery, we shall have no liability to you unless you notify us of the problem within 14 days from the date of delivery by email at amymedinaphotography@gmail.com.

If you notify a problem to us we will:

1. make good any shortage or non-delivery; or
2. replace any Products that are materially defective or damaged; or
3. where Products cannot be made good or replaced, refund you the amount paid by you for the Products in question. Refunds will be credited to the payment method used to make the original purchase.
4. We ask that you return the damaged or faulty Products to us and we will reimburse your postage costs provided you send us your supporting receipts.

The remedies set out in the previous paragraph constitute your only remedies, and our sole and exclusive obligations to you, with respect to any damaged or faulty Products.
EXCEPT AS EXPRESSLY PROVIDED THIS Site, THE SERVICE AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE EXPRESS WARRANTIES STATED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THIS Site, THE SERVICE OR THE PRODUCTS WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS Site, THE SERVICE OR THE PRODUCTS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE TIMELINESS, ACCURACY, COMPLETENESS OR RELIABILITY OF THIS Site, THE SERVICE OR THE PRODUCTS.

Section 27- Our liability

SAVE AS PRECLUDED BY LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS, DAMAGE OR EXPENSES (INCLUDING WITHOUT LIMITATION ANY LOSS OF MATERIALS, INTERRUPTION OF SERVICE OR WASTED EXPENDITURE) HOWSOEVER ARISING OUT OF YOUR USE OF THIS Site, THE SERVICE AND/OR THE PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL HAVE NO LIABILITY TO PAY ANY MONEY TO YOU BY WAY OF COMPENSATION OTHER THAN TO REFUND TO YOU THE AMOUNT PAID FOR THE PRODUCTS IN QUESTION. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE THEORY UNDER WHICH SUCH CAUSE OF ACTION IS BROUGHT, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.

The information contained in the Site has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself that the Products you order are suitable for your specific purposes. You shall be responsible for ensuring the accuracy of all details provided as part of your order.

The Company shall be under no liability in respect of any defect in the Products arising from your failure to follow instructions when ordering of the Products via the Site, your use of the Products, or your misuse or alteration of the Products.

Notwithstanding the above, nothing in these terms and conditions shall limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor exclude or limit our liability to you for any personal injury resulting from our negligence. Further, some countries and states do not allow the exclusion of implied warranties or incidental or consequential damages, so the above exclusions may not apply to you and you may have other rights, that vary from country to country and from state to state.

Section 29- Use of the products and other rights and restrictions

We are authorised to produce, distribute and sell the Products. The Company and the appropriate copyright holders retain all rights, title, and interest in and to this Site, the Service, and the Products including all design, text, images, photographs, still pictures, illustrations, artwork, graphic material, and other copyrightable or otherwise legally protectable elements contained therein, together with the selection, sequence, "look and feel" and arrangements of this Site.

This Site, the Service, and the Products are protected by intellectual property laws and your use is subject to the following conditions:

1. you may only use this Site, the Service, and the Products for your own personal use and not for any business-related purposes;
2. you may not and may not allow others to sell, transfer, distribute, reproduce, modify, alter or create derivative works from this Site, the Service, the Products, or any part thereof; and
3. you may not and may not allow others to modify, decompile, reverse engineer, decrypt, circumvent or otherwise interfere with or alter this Site. You are responsible for all use made of the Products you purchase and we will not be responsible for any infringement of third-party rights which arise as a result of your use of the Products.

The trademarks, service marks, graphics, and logos used in connection with this Site and/or the Service are trademarks or registered trademarks of the Company or its licensors. You are granted no right or licence with respect to any such trademarks or service marks and any unauthorized use is strictly prohibited.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or you believe that any other claim or illegal activity has arisen in respect of the materials published or accessed via this Site, then you should contact us at shop@magnoliabox.com, and provide to us, in writing, the following information:

1. details of your alleged claim;
2. where applicable, a description of the copyrighted work that is claimed to have been infringed, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. identification of the URL or other specific location where the potentially infringing or offending material is located;
4. your (or the copyright owner's) address, telephone number, and email address; and
5. any other information and/or assistance as may be reasonably required by us.
6 All rights not expressly granted herein are reserved.

Section 30- Acceptable use
1. You shall not breach or attempt to breach the security of this Site or the Service. Without limiting the foregoing, you shall not: (a) access data or materials not intended for you; (b) log into a server or account which you are not authorised to access; or (c) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Breaches of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences that may involve such breaches and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such breaches.

2. You agree not to use this Site in any way that may cause the Site or access to the Site to be interrupted, damaged or impaired.

3. The Site may host reviews, feedback, and comments from customer. Any electronic communications and/or content you send to this Site must be for lawful purposes only. You are responsible for such content, which should not be malicious, defamatory, obscene, racist, or designed to offend or to cause annoyance. In particular, such communications and content must not be illegal, abusive, threatening, indecent, defamatory, or menacing. It must not breach copyright, trademark, confidence, or privacy rights, and must not consist of or include software viruses, political announcements, commercial solicitation or advertising, chain letters, mass mailings, or "spam".

4. When dealing with this Site you must not use a false email address, impersonate any other person or entity, or mislead the Site and its users as to the origin of any electronic communications or content.

5. Unauthorised use of this Site may give rise to a claim for damages and/or be a criminal offense.

Section 31- Your information
1. You are personally liable for any orders that you place and charges that you incur.

2. As a user of the Site you will need to set up and maintain an account on the Site. You are solely responsible for keeping your passwords confidential and secure at all times.

3. You should notify us immediately if you become aware of any unauthorized access to your account. In no event shall we be responsible for any loss you may suffer as a result of any misuse of your account and/or passwords.

4. You agree to provide current, complete, and accurate information required to complete your account registration and at other times as may be required in the course of using this Site or the Service ("Registration Data"). You further agree to maintain and update Registration Data as required to keep it current, complete and accurate. If any information you provide is false, incomplete, or inaccurate, we may terminate your rights to use this Site and the Service. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use the Registration Data you provide (including credit card information) for maintaining your accounts and billing your credit card for orders placed via the Site.

5. You will be responsible for installing adequate anti-virus software and related security protection to secure your computer systems when using the Service. We will not be responsible for any loss suffered as a result of your failure to do so.

Section 32- Offensive content

1. The website may contain images. reviews, feedback and other comments submitted by our customers and users. We can't monitor the content of all of these reviews and we therefore take no responsibility for any content, materials, images, messages and the like that customers may post or view on these areas of the website. We will endeavor to remove any content that causes or is likely to cause offense as soon as reasonably practical after we have been made aware of this. If you wish to make a complaint with regard to any offensive content, please email shop@magnoliabox.com.

Section 33- Disclaimer of liability for third-party materials

1. We may provide links to certain third-party Sites. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third-party material or Sites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or Sites, or for any other materials, products or services of third parties. Links to other Sites are provided solely as a convenience to you.

Section 34- Notice and correspondence

1. Unless otherwise expressly stated in these terms and conditions, all notices and other forms of communication from you to us must be in writing and sent to amymedinaphotography@gmail.com All notices from us to you will be displayed on our website from time to time.

Section 35- Events beyond our control

1. We shall have no liability to you for any failure to deliver the Products you have ordered or any delay in doing so or for any damage or defect to the Products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of our suppliers or producers, flood, fire, explosion, acts of terrorism or accident.

Section 36- Invalidity

1. If any of these terms and conditions are found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect.

2. If any of these terms and conditions are found to be invalid or unenforceable but would cease to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make valid and enforceable.

Section 37- Data Protection & privacy
1. You acknowledge and agree to be bound by the terms of our Privacy and Cookie Policy, which is incorporated herein by reference.

2. Providing our Services requires collecting and using your information. Our Privacy and Cookie Policy explains how we collect, use, and share information across our Sites, Platforms and Apps. It also explains the ways you can control and request deletion of your information.

Section 38- Third parties

1. Except for our affiliates, directors, employees or representatives, a person who is not party to the contract shall have no rights to enforce any term of such contract. This does not affect any right or remedy of any person which exists or is available otherwise

Section 39- Entire agreement
1. These terms and conditions, together with our current Site prices, delivery details, contact details, and privacy policy, set out the whole of our agreement relating to your access to and use of this Site and the Service and the supply of the Products to you by us. Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorized representation of the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation we shall have no liability for any such representation being untrue or misleading.

Section 40- Governing law and jurisdiction

1. The contract between us and any matter arising from or in connection with these terms and conditions shall be governed by and construed in accordance with US law and the US courts shall have jurisdiction to resolve any disputes between us.

2. Any claim or cause of action against the Company arising out of or related to use of this Site, the Service or the Products or otherwise under these terms and conditions must be filed within one (1) year after such claim or cause of action arose.

Section 41- Electronic delivery policy

1. You agree that we may provide to you with required notices, agreements, and other information electronically as specified in these terms and conditions. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of this Site.

Section 42- Miscellaneous

1. Our Sites and Services are intended for residents of the United States. The Company makes no representations that materials in this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with any local laws, if and to the extent local laws are applicable. The failure of the Company to exercise or enforce any right or provision of these terms and conditions will not constitute a waiver of such right or provision.

CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at amymedinaphotography@gmail.com.