Gift Certificate Terms and Conditions
These Terms and Conditions apply to Gift Certificates and govern the relationship between Ocean Simpson Photography & Gift Certificate Purchaser/Holder. Puchase/use of your Gift Certificate will constitute acceptance of these Terms and Conditions. These Terms and Conditions override any statements on your Gift Certificate if they are different. You must therefore read them carefully. If there is anything you do not understand, please contact me at oceansimpsonphotograhy.com.
Your Gift Certificate is issued by, and remains the property of, Ocean Simpson Photography. It must be kept in a safe place and presented at time of scheduling your photo-session in order to receive the benefits of this Gift Certificate. All Photo-sessions must be scheduled at least 2 weeks in advance, and based on photographer availability.
Using your Gift Certificate: You may redeem your Gift Certificate by sending Ocean Simpson Photography a phone photo of your certificate at the time of scheduling and MUST provide it in hand at the session. When you use your Gift Certificate the amount of your purchase will be deducted from the balance on the Certificate. The remaining balance may be applied to future purchases. Your Gift Certificate is not a credit Certificate, charge Certificate or debit Certificate. You may not exchange your Gift Certificate for cash. Refunds will not be given for the purchase of a Gift Certificate. Ocean Simpson Photography reserves the right to refuse to accept Gift Certificates which I believe may have been stolen or obtained in another illegal way.
Expiration & Cancellation: There is no expiration date. However, if you pay for a full session and decide to wait to use it, you are required to pay whatever differences there might be from any price increases. Ocean Simpson Photography's prices are subject to change at any time without any given notice.
Loss, Theft, Damage: You should take great care of your Gift Certificate and store in a safe place until the time of your photo-session with Ocean Simpson Photography. I am not responsible for lost or stolen Certificates. If you lose your Gift Certificate or it is stolen or damaged, I may, at my sole discretion, replace your Gift Certificate and transfer the balance stored on it to a replacement Certificate. Circumstances in which I may determine not to replace your Gift Certificate include where I reasonably believe that the notified incident has been caused by your breach of these Terms and Conditions or where there are reasonable grounds for suspecting that you are or have been engaged in fraudulent or other unlawful conduct. If I agree to replace your Gift Certificate, a replacement Certificate will be delivered to your home address, usually within 7-10 business days of you first notifying us of the incident, and giving us your contact information. Ocean Simpson Photography reserves the right to charge a replacement Certificate fee of $25, for each replacement Certificate, in the event that you are issued with more than one replacement Certificate. If you subsequently find or retrieve a Gift Certificate which you have reported lost or stolen, you must notify us immediately.
Resale/Use in Promotions: You may not sell your Gift Certificate. Gift Certificates may not be used in sales or promotional activities including giveaways or prizes in competitions without my prior consent. I reserve the right to cancel any Gift Certificate that I suspect has been resold or obtained in connection with an unauthorized sales or promotional activity.
Data Protection and Privacy When you use a Gift Certificate you will be asked to provide certain personal information, including your name and contact details, as well as signing a contract regarding your photo-session. I am committed to maintaining the security of your personal information in accordance with the requirements of the Data Protection Act and will take all reasonable steps to ensure that your personal data is kept secure against unauthorized access, loss, disclosure or destruction.
Liability: Ocean Simpson Photography shall not be liable for any loss or damage arising from or in connection with your use of a Gift Certificate, where such loss or damage arises from any cause beyond my reasonable control. Where any loss or damage arises from a cause within my control, my liability to you shall not exceed a sum equal to the balance on your Certificate, as at the date that such loss or damage occurs. This clause shall not exclude or limit any liability that cannot be excluded or limited by law.
Variation: I reserve the right to amend or waive any provision of these Terms and Conditions from time to time or to terminate the Gift Certificate service on reasonable notice. The Terms and Conditions applicable to the use of a Gift Certificate shall be at any time the terms and conditions published on www.oceansimpsonphotography.com and your continued use of a Gift Certificate shall constitute your acceptance of such terms and conditions.
REDEMPTION: Gift certificates are issued for redemption by client, to Ocean Simpson Photography in exchange for professional photography services at time and place agreed upon and confirmed by client and Ocean Simpson Photography. Photo-session is by appointment only, subject to photographer availability. All Gift Certificates do not include specific times and/or dates, and are limited by location to within 40 miles of Spokane, Washington, unless otherwise agreed upon by client and Ocean Simpson Photography. Locations which require permits, may incur additional fees above certificate amount, which may be paid by client. Gift certificates cannot be redeemed for cash or returned for a cash refund, and cannot be replaced if stolen. Cannot be redeemed be used or redeemed toward previous purchases or redeemed to purchase other gift certificates, cannot be resold, and are not refundable. Ocean Simpson Photography is not responsible for stolen gift certificates and retains the rights to close customer accounts and request alternate forms of payment if fraudulently obtained gift certificate is redeemed and/or used to make a purchase. Any purchase exceeding the value of a gift certificate requires balance to be paid with a valid credit card or cash, to complete transaction. Ocean Simpson Photography can provide gift certificate purchaser with information about the redemption status of gift certificate by request.
Photography Contract Required: All gift certificate holders must sign a legally binding photography contract with Ocean Simpson Photography, before any photography services will be administered. Without contract signed, gift certificate holder does not have the rights to any services provided by Ocean Simpson Photography, and does not have the right to use gift certificate in exchange for any of Ocean Simpson Photography's services, or for any monetary refunds.
Cancellation: Gift certificates may be cancelled by Ocean Simpson Photography, if after issue, any information supplied at the time of purchase is untrue or inaccurate, or if payment is declined or incorrect cardholder details and/or billing information has been supplied.
Missed Appointment: Your gift certificate entitles you to a single photo-session booking and will be forfeited if you do not attend your appointment. Rescheduling, and carrying over your gift certificate and security deposit may be considered where (1) more than 48 hours notice is given and only if there is a genuine reason beyond your control, or (2) if a substitute appointment is available. Any such rescheduling is entirely at the sole discretion of Ocean Simpson Photography.
Refusal of Service: Ocean Simpson Photography may refuse service where provision of services would, in my opinion, negatively effect the workplace rights, safety or well being of myself, or cause an unreasonable disruption to my normal operations. This includes any issues of abuse or disrespect (whether emotionally or physically) by client towards photographer. If this happens, then gift certificate will be forfeited and withdrawn from client use, and client will not hold Ocean Simpson Photography liable in any way for amount of gift certificate. If you are refused services due to issues stated above, you then forfeit any rights to gift certificate and photo-session.
All Rights Reserved: Ocean Simpson Photography reserves the right to amend these gift certificate terms and conditions from time to time, at my sole discretion. In the event of any dispute, the decision of Ocean Simpson Photography is final.