Terms of Service
The Agreement
These Terms of Sale are effective on December 29, 2024. In the following Terms of Sale described the agreement and entire understanding between "MIA Beach Photography" SB Development LLC (further defined as a "Photographer") and the Client. These Terms of Sale cannot be varied or changed in any way by Client(s) unless it was written and signed by all parties involved. MIA Beach Photography reserves the right to update and change the Terms of Sale by posting updates and changes to the MIA Beach Photography website. You are advised to check the Terms of Sale periodically for any updates or changes that may impact you. If you do not accept such amendments, you must agree to not use the service.
Please note that by purchasing prints from MIA Beach Photography they are for personal use only. Prints can not be used for commercial purpose, duplicated or sold.
Refund / Exchange Policy
Unless otherwise noted, because of the custom nature of the transaction and the prevalence of illegal reproduction facilities, products sold by MIA Beach Photography are non-refundable. Replacement items damaged during shipping or misidentified images will be honored within a 14 day return for replacement period unless otherwise noted. All returns for replacement must follow the conditions below:
- All products must be returned complete in the condition that they were delivered.
- MIA Beach Photography will not accept items that have been intentionally physically damaged or abused.
- All returns must be shipped freight with an active tracking number prepaid by the Client.
- All related fees (shipping and return shipping fees) are non-refundable for all products in all cases.
Please allow 2-3 weeks for all replacement orders to be completed and delivered.
Claims for missing products must be reported within 10 days from the date the item is shipped.
All refund and return claims require prior authorization. To begin your claim contact support@miabeachphotography.com and we would gladly assist you with the process.
Unauthorized Returns and/or Invalid Shipments
Shipments that are refused without authorization, or that are returned because of invalid address, are subject to a fee of 15% handling fee with the original shipping cost being non-refundable. Any change of the original address will require a new shipping quote. New shipping quote prices may differentiate from the original shipping cost.
Copyrights
The Photographer owns the copyright to all images featured on clients.miabeachphotography.com, miabeachphotography.com or any associated websites containing the Photographer’s images. Copying, reproducing, republishing, modifying, uploading, transmitting, use for commercial purposes or distributing any of such materials without the prior written consent of the Photographer is strictly prohibited.
Disclaimer & Limitation of Liability
The Photographer makes no representations or warranties, either express or implied, of any kind with respect to products sold on this site. The Photographer expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to The Photographer arising from any product sold on this website shall be the price of the product ordered. In no event shall The Photographer, its officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to products sold.
You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
Typographical & Photographical Errors
The Photographer attempts to be as accurate as possible in our pricing, as well as our typographical and photographical depictions of products for sale; however, we cannot guarantee that product descriptions/specifications, pricing or any other content on clients.miabeachphotography.com, miabeachphotography.com and any associated websites is accurate, complete, or current. In the event that a product is listed at an incorrect price due to typographical, informational, technical or other error, the Photographer shall have the right, at our sole discretion, to either honor the displayed price or refuse/cancel any orders placed for that product at the incorrect price.
Jurisdiction
The Photographer is based in the United States of America, and you agree that any legal action brought against the Photographer shall be governed by the laws of the United States of America without regard to its conflict of law principles. Additionally, you agree that any and all disagreements arising from your use of or orders placed through clients.miabeachphotography.com, miabeachphotography.com and any associated websites will be adjudicated in the county of Broward, Florida, USA by an appropriate court.
Sales Policy Agreement
By placing an order the Client has agreed to the terms and conditions of the sale as indicated on the website. By placing an order the Client has agreed to the total dollar amount of the sale, and authorized the Photographer to collect payment via the payment method the Client specified. The Photographer reserves the right to make changes to this site and these terms and conditions at any time.
Privacy & Security Policies
The Photographer does not rent, trade, loan, or sell your personal information, or any other information which may identify you, to third parties. We are committed to protecting our customers’ privacy. The information we collect is used to process your order and to enhance your shopping experience.
Your Personal Information
When you place an order at our site, you provide us with your name, email address, credit card information, address, and phone number. We use this information to process your order. The financial information (credit card number, expiration date, billing address, etc.) that we collect from you is used for billing purposes only.
In order to serve you best, credit card transactions are handled by a reputable third-party banking institution. Once the bank authorizes your credit card, we begin processing your order. The banking institution we do business with is under strict obligation to keep your personal information private.
We also work with third parties that perform various vital functions on our behalf. Such functions include shipping and delivering of packages, fulfilling orders, etc. These third parties will have access to personal information as required for them to carry out these functions on our behalf. They are also under strict obligation to keep your personal information private.
The Photographer may occasionally notify you via email about important functionality changes to our web site or special offers we think you’ll find valuable. At the bottom of every such email are directions on how to take your email address off our list.
Your Consent
By using clients.miabeachphotography.com, miabeachphotography.com or any associated websites, you are agreeing to let us collect the aforementioned information (please see the above) and use it in the said manner. If we decide to change our terms of sale privacy policy, we will post those changes on this page. The Photographer will cooperate with law enforcement agencies to identify any individual who attempts to use our services for illegal activities. We will also report any activity we believe to be unlawful, to the proper authorities. Additionally, we may release account information when we feel that such a release is necessary to enforce the terms of our user agreement, or to protect the rights, property, and safety of our users, the Photographer is not responsible for the actions of third-parties.
If you have questions or comments about the terms of sale or privacy policy, you may contact us at: support@miabeachphotography.com.