Terms & Conditions

  1. Backorders
    Products will be paid for at time of order, and goods will be shipped freight prepaid as soon as they become available. Customer will be notified with an estimated ship date.

  2. Sales Taxes
    Purchaser agrees to pay or reimburse Seller for any sales, excise or other tax levied by any governmental agency, state or local tariff which is accessed against his purchase of goods or merchandise.
    While Marc Harris Wildlife may not charge taxes in all states, purchasers in some states may be required by their state law to pay taxes on purchases from Marc Harris Wildlife.

  3. Credit Terms
    Payment : Credit cards - Visa, Master Card, or PayPal.

  4. Cost of Enforcement
    If for any reason it becomes necessary for Marc Harris Wildlife to initiate any legal proceedings against the buyer for the purchase price of goods sold hereunder, Marc Harris Wildlife shall be entitled to recover all costs incurred in connection with such proceedings, including but not limited to reasonable attorneys' fees and court costs. Venue shall be in the judicial court of Lee County in the state of Florida.

  5. Limited Warranty
    Seller warrants goods and merchandise to be free from defects in material and workmanship for a period of 30 (thirty) days, provided the products are utilized in conformance with the written instructions pertaining to their use and under conditions as permitted by specifications for the product. Seller's obligation under this warranty is limited to remedy by replacement,  or credit, at seller's option, on any goods or merchandise found by seller's inspection to be defective. This warranty does not extend to replacement made necessary as a result of buyer's misuse, abuse, negligence, or willful acts either in use or storage, nor does this warranty extend to ordinary expiration date as found on the product container. This warranty does not extend to replacement of goods damaged by acts of God.

    The foregoing warranty is in lieu of (and buyer hereby waives) all other warranties or obligations of the seller, whether express or implied, with respect to the goods sold, whether of merchantability, fitness for any particular purpose, suitability, or otherwise, except as expressly set forth herein. 

  6. Limitation of Liability  In no event shall seller be liable for consequential, incidental, reliance, or special damages including, but without limitation, loss of profits for business, injury to any person, damage to any item other than such goods sold hereunder, unauthorized use of or access to site or misrepresentation of identity by any user, or any other items or goods sold hereunder, or  adjustment or other expenses that buyer may incur. This Limited Warranty shall extend only to the buyer and may not be sold, assigned, conveyed or otherwise transferred, in whole or in part, by operation of law or otherwise, to any other person, firm, corporation or entity, without seller's prior written consent. If purchaser is disputing a charge, written notification must be provided to seller within 30 days from the date of invoice.

  7. Website Usage Conditions
    You, the User, agree to access and use this site only in accordance with this usage policy. Any conduct by you, which in our sole discretion restricts, inhibits or otherwise interferes with any other user in using or enjoying the site, is prohibited. You agree to use the site only for lawful purposes and to refrain from posting on or transmitting through the site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, fraudulent, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, national, or international law.

    You agree not to access the site by any means other than through the web interface that is provided by us for use in accessing the site. You agree you will not attempt to defeat, disable or evade any security measures or access restrictions that may be in use in connection with the site nor to use or access the site in excess or outside your authorization to do so.

    You acknowledge that the site contains information, data, images and other material (collectively "Content") that are protected, individually and collectively, by copyright, trademark, or other proprietary right of the company or third parties. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content, in whole or in part, except as expressly allowed in this Use Policy or U.S. Copyright law. If no specific restrictions are displayed, you may make copies of select portions of the content, provided that the copies are made only for your personal information and non-commercial use and that you do not alter or modify the content in any way. You must maintain any notices contained in the content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided above, you may not upload, post, reproduce, sell or distribute in any way any content on the site without obtaining written permission from Marc Harris Wildlife.

    EXCEPT FOR ANY WARRANTY THAT MAY BE PROVIDED IN CONNECTION WITH GOODS ORDERED THROUGH THE SITE, THE SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. YOUR USE OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR-FREE, AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, RELATED TO THE SITE OR YOUR USE OF IT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

    The company makes reasonable efforts to verify the information on the site, but it disclaims any responsibility for the accuracy, content, or availability of information found on the site or on sites that link to or from the site from third parties not associated with us.

    We may terminate your access, or suspend your access to all or part of the site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user a third-party service provider, or Marc Harris Wildlife.

  8. Governing Law
    We reserve the right to modify these Terms & Conditions at any time by posting the modified Terms & Conditions on this site. The modified Terms & Conditions will be applicable to your access to the site, and to any orders placed after such posting. Our failure to exercise or enforce any right or provision of these Terms & Conditions on any occasion shall not constitute a waiver of such right or provision on any other occasion. These Terms & Conditions, any dispute about an order placed or goods obtained through the site and your use of the site will be governed by the laws of the State of Florida, without regard to its conflict of laws in principle. If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid, all other provisions will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you or anyone claiming through you may make, arising out of or related to use of the site or order placed through the site, must be filed within one year after such claim or cause of action arose or be forever barred.

 

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Images on the website have been digitally watermarked with ownership and usage information. Digimarc and the Digimarc logo are registered trademarks of Digimarc Corporation. The "Digimarc-Enabled" Web Button is a trademark of Digimarc Corporation, used with permission.
 
© 2015-2024 Marc Harris Wildlife Photography, 27180 Old 41 Road, Bonita Springs, FL 34135