ePhotoNet’s Policy Statements
Backorders
On average, over 99% of the merchandise we offer is in stock, so we seldom have
to backorder items. If an item is temporarily out of stock when you order it,
the product will be sent to you the same day it is received in our warehouse.
When you place a credit card order with us, your card will be billed for the
entire merchandise amount and shipping charge. If an item is backordered, it
will be so noted on the packing slip in the column marked "Quantity
Backordered". The cost of this item will appear on the packing slip that is
included with the backordered item when it is sent, but your card will not be
billed a second time. There will be no additional shipping costs for
backordered items...we pay them. If you wish to cancel a backorder, please
contact our Customer Service Department and we will promptly do so and make the
appropriate refund or adjustment.
Returning Merchandise
If you receive any merchandise that is damaged, defective or not as you ordered,
save all packaging materials and contact our Customer Service Dept. at
516-935-5952 or e-mail: info@ephotonet.com within 30 days of invoice date.
We do not sell merchandise on approval or offer a free trial period. We cannot
accept any item for return for any reason without prior return authorization
from our Customer Service Dept. Unless we erred, there will be a restocking
charge of up to 30%, and the customer is responsible for the cost of shipping
the merchandise back. The returned item must be packed in an outer shipping
carton, with no shipping labels or markings on the inner manufacturer box.
All goods requested for return will be inspected before a return will be
approved and must be in original, new condition, unregistered, and include all
original packaging, accessories, instructions, and blank warranty cards. If a
return is approved, credit will be issued in the same manner as the original
payment. Cash refunds will be paid by check from ePhotoNet's Accounting Office,
allow 10 to 14 days for processing.
Digital devices with memory, such as memory cards, USB drives, backup drives,
digital picture frames are not returnable for credit or refund once they have
been opened. They will be replaced if defective.
Photo-sensitive goods (such as film and photo paper) are not returnable if these
materials were shipped as ordered. Since photo-sensitive goods can be damaged
by improper handling or storage, we will not risk sending returned potentially
damaged photo-sensitive items to subsequent customers.
Special-ordered items are not returnable.
Warranty Information
Many items are covered by a warranty from the manufacturer. If you would like a
copy of the warranty, please contact us and state the order number of the
item(s).
Shipping Information
Shipping charges are not included in the merchandise purchase price. We ship
orders via United Parcel Service and Parcel Post. A street address is required
for UPS delivery. The packing & shipping charge charts on our order blanks are for surface delivery to all
states plus U.S. territories and possessions. We also offer Next Day & 2nd Day USPS Shipping Service to all 50 States.
APO and FPO Shipments
Normally we send APO/FPO shipments by SAM (Space Available Airmail). There is a
15 pound and 60 inch combined length/girth limit for SAM but no additional
cost. If we can not ship via SAM, we ship by PAL which is also airmail. There
is a 30 pound and 60 inch combined length/girth limit on PAL shipments. We can
still ship boxes to APO/FPO addresses providing the combined length/girth does
not exceed 100 inches and the total weight is less than 70 pounds. Where it
seems practical, we will ship these packages airmail. When the cost is very
high we will ship them by regular Parcel Post. If we have to add any extra
shipping charges to an APO/FPO order, we will send the order and bill you for
the added charge rather than hold up the order.
ePhtonet's Privacy Policy Statement
When you volunteer phone or fax numbers or an e-mail address, we may use these
methods to communicate with you about your orders, new products or services,
but we will not sell this information to an outside organization. When you
supply us with your postal address, we will periodically send you mailings on
products or services. Occasionally EPhotoNet will provide mailing information
you submit to outside sources that may offer you products or services of
similar interest. If you do not want to be on any of our lists for marketing
new products or services, please contact us and we will be happy to honor your
request. We will need your complete name, address and other related
information.
ePhotoNet, 436 Woodbury Road, Plainview, NY 11803
Tel: 516-935-5952, Fax: 516-584-2758
e-mail: info@ephotonet.com
Legal Disclaimer
While ePhotoNet makes every effort to ensure that the information contained on
this site is accurate, ePhotoNet takes no responsibility for faulty, outdated, or otherwise inaccurate
information on this site, including pricing*, product editorials, product
specifications, and inventory status. ePhotoNet shall not be liable for any
incidental or consequential damages caused directly or indirectly from anything
on this site. In addition, ePhotoNet reserves the right to change prices or
discontinue products at any time with no prior warning.
* In case of discrepancy in product pricing and/or availability, ePhotoNet will
contact the customer and inform the changes before the order is processed.
If you have any questions regarding this policy, please contact us at:
ePhotoNet, 436 Woodbury Road, Plainview, NY 11803
Tel: 516-935-5952, Fax: 516-584-2758
e-mail: info@ephotonet.com
Site Terms of Use
IMPORTANT! These Site Terms of Use ("Site Terms of Use") govern your (the "User" or "You")
use of the EPhotoNet Web Site (the "Web Site") provided by EPHOTO Inc, an New
York corporation (the "Company"). BY ACCESSING THE WEB SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS OF USE AND
ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS SET FORTH IN THESE SITE TERMS OF USE,
DO NOT USE THE WEB SITE.
1. Permitted Use. User has a nonexclusive, nontransferable, limited, and revocable right to use
the Web Site solely for User's personal, educational, informational,
entertainment non-commercial viewing and use. User will not use the Web Site for any other purpose, including any commercial
purpose, without the Company's express prior written consent. For example, User will not, and will not authorize any other person to (1)
modify or copy the materials or content accessible within the Web Site (the
"Content"); (2) use the Content for any commercial purpose, or for any public
display (commercial or noncommercial); (3) attempt to decompile or reverse
engineer any software contained within the Web Site; (4) remove or alter any
copyright, trademark, or other proprietary notations or legends from the Content; (5) reproduce,
transmit, publish or distribute, or transfer the Content to another person or
"mirror" the Content on any other server; (6) co-brand the Web Site or any
portion thereof, or (7) frame the Web Site or portion thereof (whereby the Web
Site or portion thereof will appear on the same screen with a portion of
another web site). "Co-branding" means to display a name, logo, trademark, or
other means of attribution or identification of any party in such a manner
reasonably likely to give a User the impression that such other party has the
right to display, publish, or distribute the Web Site or Content. User agrees to cooperate with the Company in causing any unauthorized
Co-branding, framing, linking or use to immediately cease. User may print out a copy of Content solely for User's personal use.
2. Ownership. User acknowledges and agrees that the Content of the Web Site is the proprietary
property of the Company and its licensors and content providers, protected by
applicable U.S. copyright, patent and trademark laws and international
conventions, and the Company and its content providers retain all right, title,
and interest in the Content. All Content of the Web Site is Copyright 2009 by EPHOTO Inc, or by its licensors
and content providers. All rights are reserved. EPHOTO Inc. is a registered trademark of EPHOTO, Inc
3. Disclaimer of Warranties Concerning the Web Site. THE WEB SITE AND ALL CONTENT IS PROVIDED “AS IS", “AS AVAILABLE” AND “WITH ALL FAULTS”. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE WEB
SITE AND ANY CONTENT ACCESSIBLE WITHIN OR THROUGH THE WEB SITE, EXPRESS OR
IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Further, the Company does not warrant or make any representations concerning the
accuracy, completeness, timeliness, or reliability of any of the Content on the
Web Site (or any information, goods or services that are referred to, or
advertised on, or sold through the Web Site or any site linked to the Web
Site), nor does the Company guarantee that the Web Site (or any site linked to
the Web Site) will be error free, continuously available, free of viruses or
other harmful components. The Company does not assume any responsibility or risk for User's use of the
Internet.
4. Limitation on Liability. Under no circumstances shall the Company, its affiliates, licensors, and content
providers, and their respective employees, agents, officers and directors, be
liable to you or anyone else for any damages arising out of the use or
inability to use the Web Site, including, without limitation, any liability for
direct, consequential, special, incidental, indirect, punitive, exemplary, or
other damages of any kind (including lost revenues or profits, loss of business
or loss of data) even if advised beforehand of the possibility of such damages.
In no event shall Company’s total liability to you for all damages, losses, and causes of action, whether
in contract, tort (including, but not limited to, negligence) or otherwise,
exceed the amount paid by you, if any, for accessing this site.
5. Indemnity. User will indemnify and hold the Company, its affiliates, licensors, and
content providers, and their respective employees, agents, officers and
directors, (the "Indemnified Parties") harmless from any breach of these Site
Terms of Use by User, including any use of Content other than as expressly
authorized in these Site Terms of Use. User agrees that the Indemnified Parties
will have no liability in connection with any such breach or unauthorized use,
and agrees to indemnify any and all resulting loss, damages, judgments, awards,
costs, expenses, and attorneys' fees of the Indemnified Parties in connection
therewith. User will also indemnify and hold the Indemnified Parties harmless
from and against any claims brought by third parties arising out of User's use
of the information accessed from the Web Site.
6. Governing Law. The Web Site and its use by You are governed by the laws of the state of New
York, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the New York District Court
for Nassau County, or the United States District Court for the Eastern District
of New York, concerning all claims, questions and controversies arising out of
Your use of the Web Site and these Site Terms of Use. Any claim brought against the Company relating in any manner to Your use or
inability to use the Web Site must be brought within one year of the date the
claim accrued.
7. Assignment. You may not assign, convey, subcontract or delegate your rights, duties or
obligations hereunder.
8. Terms and Conditions affecting Sales of Goods and Services by Company. ALL SALES OF GOODS AND SERVICES DESCRIBED IN THE WEB SITE ARE SUBJECT TO THE
COMPANY’S STANDARD TERMS AND CONDITIONS OF SALE, WHICH SHALL CONTROL OVER ANY
INCONSISTENT STATEMENTS CONTAINED IN THE WEB SITE CONCERNING SUCH GOODS OR
SERVICES.
9. Content Revisions and Errata. Seller may make changes to the Content at any time without notice. Seller does not, however, make any commitment to correct or update the Content.
10. Links. The inclusion of any link on the Web Site to another site does not imply
endorsement by the Company of such site, and Company is not responsible for the
contents of any site linked to the Web Site. Use of any such linked site is at the User's own risk.
11. Severability. These Site Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid,
such provision shall nonetheless be enforced to the fullest extent permitted by
applicable law, and such determination shall not affect the validity and
enforceability of any other remaining provisions.
12. Miscellaneous. These Site Terms of Use (a) contain the entire agreement between us relating to
the subject matter hereof, and (b) may be revised by the Company at any time
without notice. By using any portion of the site you are agreeing to be bound by the then
current version of these Site Terms of Use. The headings used in these Site Terms of Use are included for convenience only
and shall not be construed to affect the substantive provisions herein.
General Terms and Conditions
1. General. The sale by EPhotoNet. (“Seller”) of any products or services to Purchaser shall be subject to the following
terms and conditions, and the terms and conditions stated on the face page of
the Seller’s Conditional Sales Contract to which these terms and conditions are attached or
on any Seller invoice accompanying the products or services sold by Seller (the
“Terms and Conditions”). THIS CONTRACT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN PURCHASER AND SELLER
WITH RESPECT TO THE GOODS AND SERVICES FURNISHED BY SELLER. NO REPRESENTATION,
PROMISE OR CONDITION NOT SET FORTH HEREIN HAS BEEN RELIED UPON BY PURCHASER OR
SHALL BE BINDING ON EITHER PARTY HERETO.
2. Other Documents. These Terms and Conditions are in lieu of and replace any
and all terms and conditions set forth in any documents issued by Purchaser.
ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH
DOCUMENT ISSUED BY PURCHASER AT ANY TIME ARE HEREBY OBJECTED TO AND REJECTED BY
SELLER, SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT
BE BINDING IN ANY WAY ON SELLER. No waiver or amendment to these Terms and
Conditions shall be binding on Seller unless made in a writing expressly
stating that it is such a waiver or amendment and signed by Seller.
3. Contract of Sale. Any quotations given by Seller to Purchaser will be valid
for the period stated on the Quotation, and if no period is stated, the
Quotation is valid for 30 days from the date of the Quotation. All offers to
purchase and orders of Purchaser are subject to final acceptance by, and are
not binding upon Seller until accepted by an authorized officer of Seller at
its offices in Plainview, New York. Orders accepted by Seller are not subject
to cancellation by Purchaser without the written consent of Seller.
4. Payment Terms. Terms of payment are within Seller’s sole discretion and, unless credit terms are otherwise agreed to by Seller;
payment must be received by Seller prior to delivery of products or upon
performance of services by Seller. Unless otherwise stated, all prices will be
stated, and all payments must be made in U.S. Dollars. If credit terms have
been agreed to by Seller, invoices are due and payable within thirty (30) days
after the date of the invoice unless otherwise noted on the face page of the
Purchase Order or Quotation or on Seller’s invoice. Seller may invoice parts of an order separately. Purchaser agrees to
pay interest on all past-due sums at the lesser of 1.5% per month or the
highest rate allowed by law, and to pay all costs of collection, including
costs of litigation and reasonable attorney's fees incurred by Seller.
5. Delivery Schedules. Stated Seller delivery schedules or dates are estimates
only and not a commitment as to delivery on specific dates.
6. Shipping and Delivery. All shipments are made FOB Seller’s shipping point, unless otherwise noted. If the contract requires delivery of
the goods to the purchaser, delivery shall take place when physical possession
of the Goods is given to the Purchaser or to a carrier for shipment to the
Purchaser whichever comes first. Purchaser authorizes Seller to deliver the
Goods in installments as they become available for delivery. Unless otherwise
noted, sales prices do not include freight, shipping or handling charges.
Separate charges for freight, shipping and handling will be shown on Seller’s invoice(s). The Purchaser must make all claims for breakage, loss, delay and
damage to the carrier. In the absence of directions, goods will be shipped by
the method and via a carrier that the Seller believes dependable.
7. Title and Risk of Loss. Title and risk of loss and responsibility for the
products shall pass to Purchaser upon delivery as provided in Section 6 above.
8. Taxes. Unless otherwise indicated, sales prices do not include, and Purchaser
is responsible for and agrees to pay (unless Purchaser shall provide Seller at
the time an order is submitted with exemption certificate or other documents
acceptable to taxing or custom authorities), all sales, use, value added,
excise and all other federal, state or local or foreign taxes, import or
customs fees and duties associated with an order, however designated, except
for Seller’s franchise taxes and taxes on Seller’s net income. If applicable, a separate charge for taxes will be shown on
Seller's invoice.
9. Maintenance and Repairs. So long as Seller retains a security interest in the
Goods, Purchaser agrees to maintain the Goods in good repair and not to permit
the same to be removed from its possession or to be attached, levied upon or
assessed against, not to permit any lien, encumbrance or adverse claim of any
kind to be made against the Goods and to pay all taxes and indebtedness of
every kind levied or assessed against the Goods or in connection with this
Agreement. If Purchaser fails to maintain the Goods or fails to do any of the
other things required of it under this Agreement, then Seller may, at its
option, pay or do the same, and any money so paid by Seller shall be added to
the amount due Seller and shall be repayable to Seller by Purchaser immediately
upon demand by Seller, together with interest as provided in Section 4 above.
10. Returns. No returns will be accepted without prior written authorization of
the Seller. Returns are subject to a 30% restocking charge. Purchaser shall be
responsible for the cost of freight to return products. Notwithstanding the
foregoing, no returns are permitted with respect to custom design and
fabricated equipment and furniture.
11. LIMITED WARRANTY AND DISCLAIMER OF ADDITIONAL WARRANTY. ALL GOODS AND
SERVICES ARE SOLD BY SELLER “AS IS” AND SELLER SPECIFICALLY DISCLAIMS, ANY AND ALL OTHER WARRANTIES, EXPRESSED OR
IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR USAGE OF TRADE. This provision does not affect warranties that may
be provided the manufacturer of the Goods. If there is a manufacturer’s warranty with respect to Goods acquired by Purchaser from Seller, Seller is
not a party to it and such warranty is between the manufacturer and Purchaser.
12. LIMITATION OF LIABILITY; EXCLUSION OF CONSEQUENTIAL DAMAGES. SELLER’S TOTAL LIABILITY FOR ALL CLAIMS OF ANY KIND, INCLUDING WITHOUT LIMITATION
BREACH OF WARRANTY OR OTHER BREACH OF CONTRACT, NEGLIGENCE AND STRICT LIABILITY
IN TORT, FOR LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH OR RESULTING FROM
GOODS BY SELLER, OR THE PURCHASE USE OR PERFORMANCE OF THE GOODS SHALL IN NO
EVENT EXCEED THE PURCHASE PRICE PAID FOR SUCH GOODS. IN ADDITION, IN NO EVENT
SHALL SELLER BE LIABLE TO PURCHASER FOR THIRD PARTIES FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OR PROFITS OR REVENUE,
LOSS OF USE OF THE GOODS, COST OF CAPITAL OR CLAIMS BY PURCHASER, PURCHASER’S CUSTOMERS OR OTHER THIRD PARTIES FOR DAMAGES RESULTING FROM PROPERTY DAMAGES
OR PERSONAL INJURY. No liability whatever shall attach to Seller if Seller has
not received complete payment for Goods or services provided by Seller. The
failure of any of the Goods purchased by the Purchaser to fulfill any
applicable warranty shall not affect the liability of Purchaser to Seller with
respect to any such Goods or obligation of Purchaser to Seller. Seller shall
make commercially reasonable efforts to assist Purchaser in obtaining proper
adjustments under any applicable manufacturer’s warranty. The foregoing is intended as a complete allocation of the risks
between the parties. Because the bargain struck and the price paid reflect such
allocation this limitation upon remedies will not have failed of its essential
purpose. Some states do not allow the exclusion or limitation of incidental or
consequential damages.
13. Default. If Purchaser fails to pay when due any amounts owing Seller, or to
perform any other obligation to Seller hereunder or otherwise, or if Purchaser
admits in writing its inability to pay its debts generally as they become due
or if Purchaser becomes insolvent, makes an assignment or liquidation
proceedings, or actual or constructive rejection by a bankruptcy trustee, or if
there shall be instituted by or against Purchaser any proceeding for the
appointment of a receiver for any Purchaser’s property, or if Seller reasonably believes that Purchaser is unable to meet
its debts as they become due, then Seller may, in addition to all other rights,
declare any amounts due Seller to be immediately due and payable. In addition,
Seller may, upon notice to Purchaser at any time, terminate all of Seller’s obligations under this or any other agreement with Purchaser.
14. Waiver. The failure of Seller to insist upon performance of any provision in
this contract shall not be construed as waiving the provision and it shall
remain in effect.
15. Notices. All notices required or permitted in this Agreement shall be in
writing and sent by certified U.S. mail, postage prepaid, to Seller or
Purchaser at the address stated on the face page of this contract or to the
address as either party may from time to time advise in writing.
16. Modification. No modification or amendment of this Agreement shall be
effective unless written on the Agreement and initialed by Seller’s authorized representative or contained in separate writing signed by Purchaser
and Seller’s authorized representative. Other statements or actions by sales people or
others shall not be valid unless and until so written and accepted as required.
17. Attorney’s Fees. In any action or suit arising out of this Agreement, the losing party
shall pay to the prevailing party reasonable attorney’s fees and all other costs and expenses.
18. Force Majeure. Seller shall not be liable for any delay in performance
directly or indirectly caused by or resulting from acts of nature, fire, flood,
accident, riot, war, government intervention, embargoes, strikes, labor
difficulties, equipment failure, late deliveries by suppliers or manufacturers
or other difficulties which are beyond the control and without the fault or
gross negligence of Seller.
19. Governmental Regulations. Any order accepted by the Seller is at all times
subject to Governmental proclamations, laws and regulations now or hereafter in
effect, pertaining to priorities, allocations, prices and other such acts
affecting this transaction or the production or sales by manufacturers of the
products.
20. Governing Law. All sales will be governed by the laws of the state of New
York, without regard to its conflict of law provisions. Purchaser consents and
agrees to submit to the exclusive jurisdiction of the state and federal courts
located in Nassau County, the state of New York, concerning this sale, and all
claims, questions or controversies arising out of this sale and these Terms and
Conditions. Any claim brought against Seller by Purchaser must be brought
within one year of the date of delivery.
21. Severability. These Terms and Conditions shall be deemed severable. In the
event that any provision is determined to be unenforceable or invalid, such
provision shall nonetheless be enforced to the fullest extent permitted by
applicable law, and such determination shall not affect the validity and
enforceability of any other remaining provisions.
22. Miscellaneous. These Terms and Conditions, together with terms and
conditions set forth on the face page of the conditional sales contract or in
the Seller’s invoices to Purchaser (a) contain the entire agreement between Seller and
Purchaser relating to this sale, and expressly supersede and replace any prior
or contemporaneous agreements, whether written or oral, relating to said sale,
including any terms and conditions on any of Purchaser's documents or purchase
orders, (b) shall be binding upon and inure to the benefit of the heirs,
successors and permitted assigns of the parties. The paragraph headings
contained herein are for the convenience of reference only and shall not be
construed so as to affect the interpretation or construction of any substantive
provision hereof.