Terms of Service Privacy Policy Cookie Policy

Terms of Service

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES. BY PLACING AN ORDER FOR PHYSICAL PRINTS, DIGITAL DOWNLOADS, OR PHOTOGRAPHY SERVICES, YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS.

This Terms of Sale agreement ("Agreement") governs all purchases of products and services made through or in connection with NikPics.com. The Seller, Nik Thomas, operates NikPics.com as an individual/sole proprietor in South Bend, Indiana. The term "Customer," "you," or "your" refers to the individual purchasing products or booking services.

  1. SCOPE OF PRODUCTS AND SERVICES Seller offers three distinct types of sales through NikPics.com, which may be fulfilled through third-party platforms, specifically Pixieset (pixieset.com): a) Physical Photo Prints: Hard-copy photographic prints, ordered via the website and fulfilled directly by Pixieset and its affiliated professional print labs. b) Digital Photo Downloads: High-resolution digital image files delivered electronically via Pixieset's servers. c) Photography Sessions: Professional, in-person custom photography services booked directly with the Seller.

  2. PAYMENT TERMS AND FRAMEWORK All financial transactions are processed securely under the following terms:

  • Accepted Payment Methods: Payments are accepted via PayPal or Stripe as integrated into the Pixieset checkout system. Cash payments are explicitly prohibited unless explicitly agreed to in writing by the Seller personally prior to the transaction.

  • Physical and Digital Goods: 100% of the purchase price, including applicable shipping fees and taxes, must be paid upfront at the time of checkout before an order will be processed or delivered.

  • Photography Services Deposit: To secure a booking for an in-person photography session, Customer must pay a non-refundable deposit. The deposit amount is calculated as a percentage of the total session quote and varies based upon the specific session type. No booking is confirmed until the deposit is cleared. The remaining balance is due on or before the day of the scheduled session.

  1. FINALITY OF SALES & REFUND POLICY EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 4 AND 6 OF THIS AGREEMENT, ALL SALES ARE FINAL. NO REFUNDS, CREDITS, OR EXCHANGES WILL BE ISSUED FOR ANY PRODUCTS OR SERVICES AFTER PURCHASE OR BOOKING.

  2. PHYSICAL PHOTO PRINTS POLICY & THIRD-PARTY LIMITATIONS Physical print fulfillment is outsourced entirely to Pixieset. Consequently, specific legal conditions apply to these transactions:

  • Seller's File Preparation Warranty: Seller agrees to prepare all uploaded image files in compliance with the Pixieset Image Preparation Guide (available at https://help.pixieset.com/hc/en-us/articles/25754175314445-Preparing-Image-Files-for-Printing).

  • Limited Print-Only Refund: If a physical print exhibits an objective defect or error that is a direct and demonstrable result of the Seller failing to follow the aforementioned preparation guide, Seller will issue a refund restricted SOLELY to the cost of the physical print. Shipping costs are completely non-refundable.

  • Pixieset Responsibility: All other printing issues, lab defects, shipping damages, carrier delays, or fulfillment errors are the sole legal responsibility of Pixieset and its laboratory partners. The Seller offers no guarantees regarding print manufacturing or delivery timelines. At the Seller's absolute discretion, Seller may assist the Customer in contacting Pixieset customer support; however, pursuing a resolution with Pixieset remains the ultimate responsibility of the Customer.

  1. DIGITAL HIGH-RESOLUTION DOWNLOADS Digital downloads are delivered immediately upon checkout or link activation through Pixieset's hosting infrastructure:

  • Third-Party Infrastructure Disclaimer: Seller is not legally liable or responsible for any file corruption, link failure, download truncation, or lack of access resulting from server outages, website downtime, or technical issues originating from Pixieset.

  • Discretionary Retrieval: If a Customer experiences download failure, they should contact the Seller directly with legitimate proof of purchase. Provided that the corresponding funds have been cleared and received into the Seller's bank account, Seller will evaluate if a backup copy of the purchased photographs exists within Seller's local storage.

  • No Archival Guarantee: Seller does NOT guarantee or warrant that a copy of the purchased images will be retained or available on local storage after delivery. If Seller does not possess a backup copy, Customer’s sole remedy is to seek recourse through Pixieset support.

  1. PHOTOGRAPHY SESSIONS, CANCELLATIONS, DELAYS, & REBOOKING In-person photography services are strictly scheduled appointments governed by the following cancellation and delay rules:

  • Customer Cancellation Windows: If a Customer wishes to cancel a confirmed photography session, the eligibility for a refund depends entirely on the timing of the notice provided relative to the scheduled date and time of the booking:

    1. 100% Refund: Customer may cancel a booking and receive a complete (100%) refund of all monies paid (including the deposit) if they provide written notice at least 96 hours prior to the scheduled date and time of the booking.

    2. 50% Refund: Customer may cancel a booking and receive a fifty percent (50%) refund of the total monies paid if they provide written notice within 48 hours of the scheduled date and time of the booking.

    3. No Refund: Cancellations made outside of these explicitly defined windows are completely non-refundable, subject to the standard "all sales are final" framework of this Agreement.

  • The Communication Delay Rule: IF THE SELLER ARRIVES MORE THAN ONE (1) HOUR LATE TO A SCHEDULED PHOTOGRAPHY SESSION FROM THE DESIGNATED START TIME, AND THE SELLER HAS MADE ABSOLUTELY NO ATTEMPT TO COMMUNICATE WITH THE CUSTOMER REGARDING THE DELAY (SUCH AS FAILING TO SEND A TEXT MESSAGE OR PLACE A PHONE CALL INFORMING THE CUSTOMER OF THE DELAY), THE CUSTOMER IS ENTITLED TO A REMEDY.

  • Available Remedies for Uncommunicated Delay: If the exact criteria of the uncommunicated delay rule above are met, the Customer may choose either:

    1. A complete (100%) refund of all monies paid for the session, including the deposit; OR

    2. A partial refund equal to fifteen percent (15%) of the total session price, capped at a maximum refund of $100.00, along with the right to rebook the session at a newly agreed time with no additional rebooking fees.

  • Exclusion for Attempted Communication: THIS REFUND AND REMEDY CLAUSE APPLIES ONLY IF THE SELLER FAILS TO MAKE AN ATTEMPT TO COMMUNICATE. IF THE SELLER MAKES ANY REASONABLE ATTEMPT TO INFORM THE CUSTOMER OF A DELAY VIA CALL, TEXT, OR ELECTRONIC COMMUNICATION PRIOR TO OR DURING THE 1-HOUR WINDOW, THIS CLAUSE IS COMPLETELY INAPPLICABLE.

  • Discretionary Clauses: For all other circumstances, including weather delays, act of God events, or delays where communication was established, all transactions remain final, and any refunds or rescheduling allowances outside of the windows detailed above are granted entirely at the Seller's sole and absolute discretion.

  1. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SELLER, NIK THOMAS, BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES WAS DISCLOSED.

THE SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO THE SELLER BY THE CUSTOMER FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM.

  1. GOVERNING LAW AND VENUE This Agreement, and all claims or causes of action arising out of or relating to it, shall be governed by, and construed in accordance with, the laws of the State of Indiana, without giving effect to any choice or conflict of law provision. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the state or federal courts located in South Bend, St. Joseph County, Indiana. Each party irrevocably submits to the exclusive jurisdiction of such courts.

  2. SEVERABILITY If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

  3. COMPLETE AGREEMENT These Terms of Sale constitute the entire agreement between the Customer and Nik Thomas regarding the purchase of prints, digital downloads, and photography services, superseding all prior or contemporaneous understandings, agreements, negotiations, and communications.

By purchasing from NikPics.com or submitting a deposit for photography services, the Customer acknowledges they have read, understood, and agreed to be legally bound by these Terms of Sale.

© NIKPICS