Terms of Sale

All TERMS OF SALE listed here are applicable to the purchasing of any images, prints, Media and/or other Product(s) available through this online store. The TERMS OF SALE may not be altered or amended in any way through the use of any other document, such as purchase orders, emails, etc. A separate written agreement between the customer and Thomas Richards must be validated and signed if any alterations or amendments to the TERMS OF SALE are instituted. In the event of conflict between TERMS OF SALE and provisions stated in the TERMS OF USE, the document TERMS OF SALE will govern control conditions of all Products.

Pricing and Payment Terms
Purchasing of Media, Products, and/or Services through this online portal requires that the customer provide valid Payment Information as required by the online store. We reserve the right to terminate a customer’s order for any and all purchases where we are unable to process your provided Payment Information and you do not provide an alternative payment form upon written request.

The TERMS OF SALE requires the customer agrees to financially reimburse Thomas Richards for all costs incurred during the collecting of amounts owed by the customer including third-party vendors, without limitation, attorneys’ fees and costs of any collection agency used.

The customer is solely responsible for any taxes that they are obligated to pay, including import duties, tariffs, or other excise fees. Customer is also obligated to pay taxes that the store is required to collect related to any purchase of Media and/or Product(s). If you the customer do not pay the required sales and/or other taxes or fees at the time of transaction, you the customer will be solely responsible for the taxes and/or fees if they are later determined to be payable for the sale of Media and/or Product(s). Thomas Richards reserves the right to collect the taxes and/or related fees at any time during the purchasing process. In certain jurisdictions, Thomas Richards may be required to collect and subsequently remit sales tax relating to any purchase of Media or Product(s). These taxes shall be then added directly to the purchase price of the Media and/or Product(s) and will be included on the respective invoice and/or receipt.

Photo Downloads; Shipping Terms and Policies
If any digital download of Media and/or Product(s) is included under purchase agreement, or contract, the download will be made available through the store upon receipt of valid Payment Information, or alternatively through an email address provided at the time of purchase. Downloads are only available once, and it is the responsibility of the customer to save the file following download.

If any physical Media and/or Product(s) are purchased, Thomas Richards will use all commercially reasonable efforts in conjunction with third party vendors to ship all orders for such purchases within the estimated delivery time applicable and chosen by the customer presented at order checkout. The customer will not hold Thomas Richards reliable for any delays in shipping.

The store reserves the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. The customer accepts all financial responsibility for shipping charges, which will be included, shown, and available for view during the order process. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, Thomas Richards will contact you with the correct shipping costs before processing your order, and the customer will have an opportunity to cancel your order.

Return Policy
Due to the custom and original nature of the products, all sales are final. If the physical product is damaged, please contact tom@distortedreality.io immediately upon delivery for a replacement. After 48 hours of product delivery, Thomas Richards will assume the product is at 100% satisfaction and the order completed.

Product Availability and Pricing
Thomas Richards may revise or discontinue available Media and/or Product(s) at any time without prior notice. It is possible that these Media and/or Product(s) may become unavailable even after an order is place, in which case Thomas Richards will issue a full refund or replacement depending on the customer’s request. All prices are subject to change without notice.

Warranties
EACH CUSTOMER HAS THE RIGHT TO RETURN ANY ORDER UPON REVIEW OF PRODUCTS AT DELIVERY WITHIN A 48 HOUR REVIEW OF PRODUCT(S). AFTER 48 HOURS UPON IMAGES SENT, THE IMAGES ARE DEEMED ACCEPTED BY THE PURCHASER. THIS CONSTITUTES THE EXTENT OF THE ARTIST’s SOLE AND EXCLUSIVE LIABILITY, REGARDING THE PURCHASE OF ANY MEDIA AND/OR PRODUCT(S) AVAILABLE THROUGH THE ONLINE STORE, AND EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, INCLUDED OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCT(S) UNLESS OTHERWISE STATED. ALL MEDIA AND/OR PRODUCTS MANUFACTURED WHERE AN EXTERNAL WARRANTY IS APPLICABLE SHALL BE SHARED WITH THE CUSTOMER. TAYLOR ART PHOTOS PROVIDES CUSTOMERS WITH SPECIFIC WARRANTIES DEPENDING ON PRODUCT TYPE (LISTED IMMEDIATELY BELOW). THESE WARRANTIES ARE CONSIDERED INVALID IF ANY DAMAGE OR DEFECT OCCURS TO THE PURCHASED PRODUCT THROUGH INCORRECT CARE AND HANDLING OF THE PRODUCT RESULTING IN DISCOLORATION, COLOR FADING, WRINKLES, FOLDS, SCRATCHES, LIQUID SPILLS OR STAINS, CLEANING MARKS, SCUFFS OR ANY OTHER MARKING, TEARS, BURNS, AND ANY ADDITIONAL PHYSICAL DEFECT OF SIMILAR NATURE. ALL WARRANTY CLAIMS SHOULD BE MADE THROUGH CONTACTING TOM@DISTORTEDREALITY.IO

Keep in mind that if tracking information states an order was delivered with the submitted information but the original purchaser thinks they haven’t received it, we won’t take responsibility and reship that order.

If the recipient’s entered address is wrong, then you are held responsible. Usually, the package is sent back to the return address and the original purchaser will be responsible for updating your address so we can reship the product to the correct address. Additional shipping fees will apply.

If the package was marked as delivered by the carrier, but the customer reports they have yet to receive it, we will not be held responsible for the cost of the item or shipment.

There may be cases where the delivery was made, but the package was left in an unexpected location at the customer’s address. Customers should reach out to the carrier and inquire if any additional details were left by the delivery person. For example: “Left under the table on the back porch.”

If you are unable to locate the package, you will need to place a new order to have it reshipped. We’re not able to assist with filing claims with shipping carriers.

Digital Image Licensing
Digital Media and/or Product(s) may be available for purchase through the online store or through contract with Thomas Richards. Thomas Richards permits the buyer a non-exclusive, non-transferable perpetual, non-commercial license to download and copy the agreed upon Media and/or Product(s), of which are subject to the below restrictions listed below:

  • The license is solely to be used for personal use and non-commercial work. No commercial use of the Media is permitted under this agreement, unless a commercial license is purchased. Title, ownership, copyright, and all rights both current and in the future, of the Media and/or Product(s) will belong exclusively to Thomas Richards. There are no warranties, express or implied under this provision, and the customer accepts that the Media and/or Product(s) are provided ‘as is’.
  • Under this provision, neither Thomas Richards and/or utilized vendors will be held liable for any additional third-party claims, incidental, consequential, or otherwise alleged damages arising out of the license or buyer’s use of the purchased Media and/or Product(s).
  • A commercial license may be available upon request, and will require an additional contractual agreement between Thomas Richards and the customer. Please contact tom@distortedreality.io for more information.

Customer Allowable Actions
Customer Allowable Actions include all personal and non-commercial use of the Media and/or Product(s), which permits the customer to perform the following actions:

  • The customer may display Product(s) and Media on personal websites and computers or in non-commercial residences.

Customer Barred Actions
Customer Barred Actions include all non-personal and commercial use of the Media and Product(s), which prohibits the customer to perform the following actions:

  • The customer may not resell, relicense, sub-license, or otherwise redistribute Media and Product(s) without expressed written permission directly from Thomas Richards.
  • The customer may not make images and or prints for personal use from the original work.
  • The customer may not use the media in any fashion that requests and/or charges others money or fees, and may not under any circumstances receive any financial compensation, payment, or remuneration for the usage of any Media or Product(s) in advertising.
  • The customer shall not incorporate the Media, Product(s), or brand or logo into any trademarks, logos, or service marks.
  • The customer shall not make any purchased Media or Product(s) available for download.
  • The customer shall not utilize any Media or Product(s) for business, educational, events, or other non-personal uses, all of which, require a commercial license as specified by this TERMS OF SALE.