All photos are licensed under Creative Commons CC BY-NC-SA. Please visit link for more info.
Please give credit when posting to social media :)
When you give credit for photos posted online it encourages us to keep doing what we do, not to mention it's good to give credit where credit is due. If you like our photos enough to share them with others online, it only stands to reason that you would also give credit for the photo, allowing others to learn about our services and the quality of photos we provide. If a customer comes up to us telling us that you referred them (even through seeing our photo of you online), and they end up becoming a paying client, we will reward you! Win-win-win!
On Facebook: please mention/tag "Ray Penner Photography" in the caption. If you know that Ray took the photo, you can simply tag him.
On Instagram: please mention/tag "@raypennerphotography" in the caption. Again, if you know Ray took the photo, tag him.
On other social media: if an account for Ray Penner Photography does not yet exist, simply say "Photo credit: Ray Penner Photography".
Optional: use the hashtag #raypennerphotography
1. Scope of application
The business relations between Ray Penner Photography (RPP) and the purchaser will be exclusively governed by the following General Standard Terms and Conditions in the version provided on the Internet at the time of the order. The General Standard Terms and Conditions may be saved onto the purchaser’s computer and/or printed out for the purposes of the online order.
2. Contracting parties
The contract is concluded between the purchaser and the business Ray Penner Photography, which is based in Winnipeg, Manitoba.
3. Conclusion of the contract
RPP reserves the right to modify, amend or delete parts of the website or all service offerings without notice and to suspend or terminate the publication.
By placing his/her order via the online form, email, in writing or over the telephone specifying the size and the number of the desired photos the purchaser makes a binding offer. RPP will accept this offer either by sending an e-mail confirmation or by delivering the ordered merchandise.
The photos will be supplied at the prices valid on the day on which the contract is concluded and indicated on the website of RPP. The final price is composed of the order value and all applicable shipping charges and/or taxes. All prices are based on Canadian Dollars. The prices include the respectively applicable statutory VAT.
If the merchandise is sent to countries outside of Canada, additional clearance charges and/or taxes which are outside the control of RPP may be incurred. Any such clearance charges and/or taxes are to be paid by the purchaser.
5. Delivery, shipment
Unless otherwise agreed by the purchaser and RPP, delivery of the ordered merchandise will be made according to the regulations stated on the website. Delivery will be made at the purchaser’s expense and risk. RPP may deliver the merchandise by installments.
The purchaser may not claim damages for any default of delivery on the part of RPP unless the default is caused intentionally or by gross negligence.
The purchaser may either pay by credit card (via Stripe or PayPal) or by other "offline" arrangement as stated in the purchase agreement. For what it's worth, Stripe is the preferred method of receiving payment online.
Payment is considered to be made on the day on which RPP has the money at its disposal.
In the event of default by the purchaser RPP is entitled to charge default interest according to the statutory rate of interest. If any additional provable loss should be incurred as a result of the default, damages can also be claimed for this loss.
If it should be impossible to debit the purchaser’s account due to insufficient cover or incorrect banking details, the purchaser will have to reimburse the handling fees incurred for the return debit and all other damages and expenses to RPP.
The purchaser may only offset debits against credits if his/her counterclaims are legally enforceable or not contested by RPP.
8. Exchange and refund
Digital photo orders, pre orders and videos are non-refundable. Make sure you are happy and/or confident with your choice(s) before purchasing. In the event that you are not happy and or satisfied with your pre order, special accommodations may be considered. Please make contact with RPP to discuss and/or arrange this. We want you to be a raving fan!
9. Reservation of ownership
Until all items covered by the same order are fully paid, the merchandise remains the property of RPP.
10. Rights on the pictures
The copyright on the pictures as well as all industrial property rights, publishing rights, and utilization rights remain exclusively with RPP. The purchase of a picture does not involve the explicit or implicit cessation of any rights.
Any publication or other commercial use of the purchased pictures requires the previous written permission of RPP.
The purchaser is aware of the fact that due to the diversity of electronic display devices it is impossible to reproduce the photos absolutely true to the original. Therefore the electronic pictures can only convey an approximate impression of the original picture. The original pictures may in some cases differ significantly from the electronic sample in terms of sharpness, richness of detail, contrast, and color. The reduced size, the inevitable screening, and the limitation to a web-compatible grey and color scale can change the impression of sharpness. Furthermore features such as the granularity of the film can not be depicted in the samples. Upon your purchase, we will do our best to deliver a high quality image.
12. Warranty for defects
An item is considered defective if it does not meet the technical standard for digital photo and image processing. The purchaser will have to give notice of any patent defects of the delivered merchandise immediately upon delivery. In case of hidden defects the purchaser will have to give notice immediately after their detection within the statutory warranty period of 24 months.
In the event of a justified complaint RPP may at first make a substitute delivery. If such a substitute delivery should be impossible or fail, the purchaser will be entitled to demand the cancellation of the contract or a reduction of the purchase price. If the purchaser decides to withdraw from the contract, he/she will have to return all items to Ray Penner Photography, 2-529 Cherrier Street, Winnipeg, MB R2J 0M3, Canada. The forwarding charges will be assumed by RPP. Apart from this, warranty is given according to the regulations of the purchase law.
The liability of RPP is limited to defects of the merchandise itself occurring prior to the dispatch of the order. The purchaser may not lodge any claims going beyond the above on any legal basis whatsoever. In particular RPP accepts no liability for delayed delivery nor for any damage or loss of files on the purchaser’s own data carriers, the data carriers of RPP, any networks or during electronic data transmission.
RPP does not give any guarantee as to the qualities of the products. It only accepts the liability for any guaranteed qualities if it has explicitly given such guarantee in writing.
The above limitation of liability does not apply to cases of gross negligence or willful misconduct on the part of RPP.
14. Data privacy/ data protection
The purchaser knows and agrees that his/her personal data which is required to process and file the order is stored on data carriers. He/she explicitly permits the capture, processing, and use of his/her personal data. The data processing will be carried out according to the Personal Information Protection and Electronic Documents Act (PIPEDA). All data will be kept confidential by RPP.
The purchaser may revoke his/her permission at any time with immediate effect for the future. RPP undertakes to delete the personal data immediately if the permission is revoked unless the order transaction has not been fully completed.
15. Links and references
RPP can only be held liable for any direct or indirect references to third-party websites (hyperlinks) which are outside its control if RPP is aware of any possible illegal content and has the technical possibility and can reasonably be expected to prevent access to such illegal content.
RPP hereby explicitly declares that no illegal content was discernible on the linked websites when the links were set. RPP has no influence whatsoever on the current or future design, content or copyright ownership of the linked sites. Therefore RPP hereby explicitly distances itself from the content of all linked sites which have been altered since the link was set. This affirmation applies to all links and references on the website of RPP and to the statements of third parties in guest books, discussion forums, and mailing lists provided by RPP. RPP does not accept any liability for any illegal, incorrect or incomplete content and particularly not for any damage caused by the use or non-use of any information thus provided.
16. Place of performance, place of jurisdiction, and applicable law
Any litigation in connection with this business relationship shall be exclusively governed by Canadian law. Downtown Winnipeg (i.e. Manitoba Courts or Manitoba Court of Appeal) shall be the agreed venue if the purchaser has no residence or habitual abode in Canada and no other general place of jurisdiction when the proceedings are instituted or if the purchaser is a businessman and acts in this capacity.
17. Severability clause
If any provisions of these General Standard Terms and Conditions and/or the supplementary contract should be or become invalid, this shall not affect the validity of the remaining clauses which will still be binding on both parties. In this case the parties hereto will try to agree on an alternative ruling allowing for the mutual interests of both parties which will to the most possible extent correspond to the intended commercial purpose of the invalid provision.