TERMS OF SALE
TERMS OF SALE
THESE TERMS OF SALE GOVERN YOUR SHOPPING EXPERIENCE, INCLUDING PURCHASES OF OUR PRODUCTS OUR ONLINE STORE IN THE UNITED STATES. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR ONLINE STORE ARE SUBJECT TO THE FOLLOWING TERMS; YOU ARE ACCEPTING AND AGREEING TO BE BOUND BY THESE TERMS OF SALE. IF YOU DO NOT AGREE TO THE TERMS, YOU MUST (A) DISCONTINUE USING OR SHOPPING IN OUR ONLINE STORE, (B) NOT MAKE A PURCHASE AND/OR (C) RETURN ANY ELIGIBLE PURCHASE WITHIN THE APPLICABLE RETURN WINDOW.
You are SUBJECT to these TERMS AND MAY PURCHASE OUR PRODUCTS if you are of legal age in your jurisdiction or if you have consent from your parent or guardian.
PURCHASING PRODUCTS
OUR RIGHT TO REJECT YOUR PURCHASE OR CANCEL AN ORDER
Sale of products and fulfillment of all orders is subject to availability and our discretion in managing inventory. We explicitly reserve the right to limit, decline or reject any sales and orders for any reason, without being liable for any damage or costs other than repayment of any amount received from you in relation to such sale or order, in situations including but not limited to:
- an Event Outside Our Control (as defined below);
- the product you seek to purchase is not available or in stock;
- your address, billing information or form of payment is incorrect or cannot be verified;
- your order is flagged by our security systems as potentially fraudulent, or an order placed with automated ordering software or technology;
- there is evidence that your order (single or cumulative orders) was purchased for the purpose of resale, tax evasion, or other fraudulent purpose;
- your order was flagged for freight forwarding or shipping to an address or service provider that enables or allows foreign export or unlawful avoidance of sales tax;
- your purchase or order exceeds product purchase limits (quantity and/or dollar amount);
- your account and/or purchase history shows an excessively high volume of returns;
- there is evidence that you are not eligible to make purchases; or
- in the event of misspelling, pricing or other errors or mistakes at the
We will determine whether any of the above events have occurred in its sole discretion.
TITLE TRANSFER & RISK OF LOSS
Title and risk of loss for products purchased from Us pass to you upon our delivery to the carrier. Title and risk of loss for products purchased online and picked up at Our physical store or directly purchased at Our physical stores will pass to you upon your authorized receipt of those products. Title to product(s) will not transfer until full payment has been received.
LIMITATION OF LIABILITY
These terms and conditions set out the full extent of our AGREEMENT AND UNDERSTANDING in respect TO ANY CLAIM ARISING FROM OR RELATED TO YOUR SHOPPING, ORDERS, PURCHASES, RETURNS, ACCESS OR USE OF OUR ONLINE STORE.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, the maximum aggregate liability of either party to the other on all claims ARISING FROM OR RELATING TO THIS Agreement, whether in contract, warranty, tort, strict liability, statute, or otherwise, SHALL BE LIMITED TO THE SUM PAID TO US FOR THE PRODUCT(S) PURCHASED IN THE RELEVANT TRANSACTION.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NONE OF THE WE DEVELOP FILM PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, FOR: ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, OUR ONLINE STORE; OR FOR THE PERFORMANCE OF THE PRODUCTS PURCHASED AT OUR ONLINE STORE; OR FOR THE CONDUCT OF OUR ONLINE STORE USERS OR CONSUMERS (WHETHER ONLINE OR OFFLINE); OR FOR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH YOUR SHOPPING, ORDERS, PURCHASES, OR USE OF OUR ONLINE STORE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE AND ACCESS TO OUR ONLINE STORES. YOUR ONLY REMEDY AGAINST WE DEVELOP FILM IN CONNECTION WITH ANY ALLEGED DAMAGES ARISING FROM YOUR USE OR ACCESS TO OUR ONLINE STORE OR ANY CONTENT IS TO STOP USING OR ACCESSING OUR ONLINE STORE.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT OUR LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.
DISCLAIMER OF WARRANTY
WE PROVIDE ACCESS TO OUR STORE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT ON ALL USES AND/OR PURCHASES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, (1) WE DEVELOP FILM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCT. WE FURTHER DISCLAIM ANY WARRANTIES EXPRESS OR IMPLIED AS TO THE ACCURACY OR COMPLETENESS OF EACH PRODUCT INCLUDING, WITHOUT LIMITATION, PRICING, QUANTITY AND SIZING; (2) WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION POSTED AT OUR ONLINE STORE IS ACCURATE, COMPLETE, OR CURRENT OR THAT DIGITAL STORES WILL OPERATE WITHOUT INTERRUPTION, WITHOUT ERROR OR WITHOUT DEFECTS, BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS; AND (3) THE FOREGOING DISCLAIMER OF WARRANTY IS ENFORCEABLE TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND DOES NOT APPLY TO ANY PRODUCT OR MANUFACTURER WARRANTY EXPRESSLY OFFERED BY WE DEVELOP FILM AND/OR ANY THIRD-PARTY MANUFACTURER OF MERCHANDISE.
DISPUTES
CHOICE OF LAW, JURISDICTION, TIME LIMIT FOR CLAIMS
- You agree that these Terms and any dispute between you and We Develop Film shall be governed in all respects by Washington State law, without regard to choice of law provisions
- Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of the online purchase of We Develop Film products shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Snohomish County, Washington, USA.
- You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Snohomish County, Washington, USA.
- All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
RIGHT TO ASSIGN, NO WAIVERS, SEVERABILITY
- We Develop Film may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice is required by applicable law, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
- We Develop Film’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or We Develop Film’s rights. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. You should always assume these Terms apply.
- If any court or relevant authority decides that any provision of these Terms is invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.
DELIVERY
SPLIT DELIVERY
We often deliver all items from a single order within a single shipment. However, due to numerous factors, products may be delivered in split shipments. We reserve the right to split the delivery of any order. If we split your order, we will notify you of our intention to do so by sending you an e-mail to the e-mail address you provided at the time your order was placed. You will not be charged for any additional delivery costs.
INSPECTION UPON DELIVERY
Upon delivery, please inspect the packaging and products for damage. If it appears that the products are damaged, please do not accept the shipment, and contact us for assistance.
RETURNS & CANCELLATIONS
CANCELLATIONS
You may cancel any order free of charge and without giving us any reason within thirty (30) minutes from the time the order was placed. Please note that we begin processing orders placed at our Digital Stores almost immediately.
Orders that are "Pending" or "On Hold" cannot be cancelled. If you do not cancel an order within the thirty (30) minute window, the product(s) will be delivered to you and may be returned in accordance with the return procedure set out below.
RETURNING PRODUCTS
Products may not be returned EXCEPT that you are entitled to return products if they are defective or otherwise not in conformity with your order when you received them. This does not affect your statutory rights. In the event your claim is justified (as determined by We Develop Film in its sole discretion), the purchase price and any shipping costs will be refunded.
REFUND INFORMATION
Refunds will be issued to the original form of payment.
EVENTS OUTSIDE OUR CONTROL
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation supply chain shortages, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunications networks.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms: (1) We will provide notice to you as soon as reasonably possible; and (2) our obligations under these general conditions will be suspended and the time for performance of our obligations will be extended during the time needed for resolution of the Event Outside Our Control.
Where the Event Outside Our Control affects our delivery of a product to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. You may cancel the order if an Event Outside Our Control takes place and you no longer wish us to provide the products.