These Terms and Conditions apply to Gift Certificates and govern the relationship between Swift Fox Photography LLC & Gift Certificate Puchaser/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 us at kristina@swiftfoxphoto.com
Your Gift Certificate is issued by, and remains the property of, Swift Fox Photography LLC. It must be kept in a safe place and presented at time of scheduling your photo-session (either by phone picture or in person) 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: 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. We reserve the right to refuse to accept Gift Certificates which we believe may have been stolen or obtained in another illegal way.
Expiration & Cancellation: There is an expiration period of one (1) year from date of issuance, applied to your Gift Certificate. However, we reserve the right to cancel your Gift Certificate if we suspect it is being used fraudulently or in breach of the following Terms and Conditions.
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 Swift Fox Photography LLC. We are not responsible for lost or stolen Certificates. You should immediately report any loss, theft, fraudulent or unauthorized use of your Gift Certificate to us immediately at www.swiftfoxphoto.com. If you lose your Gift Certificate or it is stolen or damaged, we may, at our sole discretion, replace your Gift Certificate and transfer the balance stored on it to a replacement Certificate. Circumstances in which we may determine not to replace your Gift Certificate include where we 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 we 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. We reserve the right to charge a replacement Certificate fee of $20.00, for each replacement Certificate, in the event that you are issued with more than two replacement Certificates within any 6 month period. 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 our prior consent. We reserve the right to cancel any Gift Certificate that we suspect has been resold or obtained in connection with an unauthorized sales or promotional activity.
Customer Services: If you need assistance or if you have any inquiry relating to your Gift Certificate, you can use the Contact Us facility at www.swiftfoxphoto.com or email: Kristina@swiftfoxphoto.com.
Data Protection and Privacy When you use a Gift Certificate you will be asked to provide certain personal information, including your name, address and contact details, as well as signing a contract regarding your photo-session. We are 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: Swift Fox Photography LLC 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 our reasonable control. Where any loss or damage arises from a cause within our control, our 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: We 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.swiftfoxphoto.com and your continued use of a Gift Certificate shall constitute your acceptance of such terms and conditions.
Assignment: If we assign the benefit of these Terms and Conditions to another company, your rights will not be affected.
Governing Law These Terms and Conditions are governed by the State of Minnesota.
REDEMPTION: Gift certificates are issued for redemption by client, to Swift Fox Photography LLC in exchange for professional photography services or print products, at time and place agreed upon and confirmed by client and Swift Fox Photography LLC. 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 Bloomington, Minnesota, unless otherwise agreed upon by client and Swift Fox Photography LLC. Studio sessions (indoors) or 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. Swift Fox Photography LLC 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, cash or check, to complete transaction, and receive any additional print products or services not covered by Gift Certificate. Swift Fox Photography LLC can provide gift certificate purchaser with information about the redemption status of gift certificate by request.
Expiration: Gift certificates issued by Swift Fox Photography LLC are good for one year of date of issuance/purchase and must be redeemed in full within the valid time period. Any unused balance will not be refunded or credited upon expiry. The gift certificate must be shown (either by phone picture, email or in person) when making a booking to verify that you are the gift certificate holder. All bookings will require a signed contract at the time/date of booking by Swift Fox Photography LLC and client. If gift certificate cannot be verified, due to the loss by client of gift certificate, or proof of certificate holding cannot be obtained, client then forfeits gift certificate and Swift Fox Photography LLC is not held responsible for any amount/services listed on lost gift certificate.
Photography Contract Required: All gift certificate holders must sign a legally binding photography contract with Swift Fox Photography LLC, before any photography or print services will be administered. Without contract signed, gift certificate holder does not have the rights to any services provided by Swift Fox Photography LLC, and does not have the right to use gift certificate in exchange for any Swift Fox Photography LLC or print services, or for any monetary refunds.
Cancellation: Gift certificates may be cancelled by Swift Fox Photography LLC, 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. All print credit will be forfeited as well. 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 Swift Fox Photography LLC.
Refusal of Service: Swift Fox Photography LLC may refuse service where provision of services would, in our opinion, negatively effect the workplace rights, safety or well being of our Staff or Clients, or cause an unreasonable disruption to our normal operations. This includes any issues of abuse or disrespect (whether emotionally or physically) by client towards any of our Swift Fox Photography LLC staff members. If this happens, then gift certificate, print credit and any other offers pertaining to gift certificate will be forfeited and withdrawn from client use, and client will not hold Swift Fox Photography LLC, its staff members and heirs 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, photo-session & print credit offered.
All Rights Reserved: Swift Fox Photography LLC reserves the right to amend these gift certificate terms and conditions from time to time, at our sole discretion. In the event of any dispute, the decision of Swift Fox Photography LLC is final. All terms and conditions are applicable to the extent permitted by Minnesota state law.