This Refund Policy (hereinafter - the “Policy”) is intended to define and establish the terms and conditions of return of the funds paid for the copies of the object made by Photographers by the Users.
Acceptance of the Policy is carried out by the actual usage of Site by the User or the Photographer. Acceptance of the Policy is considered committed since the first actual use of the Site by the respective User or Photographer.
1.1. For the purposes of the Agreement, the following terms are used in the following meaning:
1.1.1. Site – website belonging to the Administrator, located in the information and telecommunication network Internet under the domain name (domain address) – KEEPSNAP.COM, as well as its constituent derivative web pages.
1.1.2. Photograph – any individual who is the legal owner of the Object and uploads it to the Site to sell the copy of the Object to the Users.
1.1.3. User – any individual who uses the Site in order to obtain (buy, download) a copy of the Object and/or who has obtained (bought, downloaded) a copy of the Object and/or who has an intention to obtain (buy, download) a copy of the object.
1.1.4. Administrator - the company KEEPSNAP LP, established and registered in accordance with the legislation of Canada, with the rights to use and manage the Site.
1.1.5. Object – a photographic work or a work obtained in a way similar to photography, uploaded to the Site by the Photographer in order to be sold to the Users.
1.2. Terms used in this Policy are applied in the meaning and scope as defined in the section 1 of the License Agreement on the provision of rights to the use of photographic works, located at: https://keepsnap.com/page/terms-photographer (hereinafter the “License Agreement”), and in the section 1 of the Public offer, located at: https://keepsnap.com/page/terms-customer (hereinafter the “Public Offer”).
1.3. In the absence of an unambiguous interpretation of the term in the text of License Agreement, the Public Offer and this Policy, it’s necessary to be guided by the interpretation of the terms, first of all, defined on the Site KEEPSNAP.COM (hereinafter the “Site”), secondarily, in accordance with the applicable legislation.
2.1. The Administrator acting as sales agent of the Photographer, providing the Site for the sales of photoworks, seeks to improve the quality of the Objects and provides the Users only appropriate copies of the Object.
2.2. The Administrator establishes quality assurance for all uploaded to the Site Objects, which is defined as the period during which the User may make a claim regarding the quality of the Object, the copy of which has been purchased by the User.
2.3. The Term of assurance numbers 7 calendar days from the date of provision to the User an ability to download the Object, if another term is not defined directly on the Site. At the expiration of this term any claims or demands of the Users cannot be made and are rejected without consideration.
2.4. In case of making a claim concerning the Object, bought by the User, during the term of quality assurance, the User must specify and prove the quality defects of the acquired Object.
2.5. Claims of the the User have to be made by sending them by the User to the email of the Administrator firstname.lastname@example.org
3.1. Consideration of the User’s claims regarding the quality of the purchased Object is carried out solely by the Administrator.
3.2. In case of arising of the corresponding claims the Administrator may request explanations from the Users and Photographer to determine and clarify their position and justify the claim.
3.3. The decision of the Administrator on the recognition of proper or improper quality of the copy of the Object is final for the User and the Photographer. The Users and Photographers undertake not to make any claims to the Administrator regarding his decision.
3.4. The decision of the Administrator on the User’s claim is brought to the attention of the User and the Photographer by sending them a notification in the personal account on the Site or to the email address of the User or the Photographer.
3.5. When taking a decision in regard of the User’s claim the Administrator is guided by the principles of good faith and reasonableness, in particular the Administrator evaluates the following parameters of the object:
● Correspondence of the Object and its name assigned by the User;
● Light, graininess of the Object, ISO parameters;
● Any other parameters necessary to be taken into account while considering the claim of the User.
3.6. The Administrator is entitled to take into account other circumstances important for proper and fair resolving of the User’s claim at his sole discretion.
4.1. Decision of the Administrator in respect of the User’s claim is the basis to return him money paid for the copy of the Object, or to refuse him to refund the money paid for the copy.
4.2. In case of satisfaction of the User’s claim regarding the quality of the Object, the refund is carried out on the following conditions:
● on condition that on the personal balance of the Photographer on the Site is a sufficient sum of money to refund the paid by the User cost of the copy;
● the term for transferring funds to the User is 10 (ten) working days from the moment of taking by the Administrator the decision on satisfying the claim, in case of presence of sufficient sum of money on the balance of the Photographer on the Site.
● the term for transferring funds to the User is 10 (ten) working days from the moment of the accrual to the personal account of the Photographer in the absence of sufficient sum of money on the personal account of the Photographer on the date of taking by the Administrator the decision on satisfying the User’s claim;
● in the presence of insufficient sum of money for refunding the full cost of the copy on the personal balance of the Photographer, corresponding sum of money is transferred to the User within 10 (ten) working days from the date of taking by the Administrator the decision on satisfying the User’s claim. Missing amount of funds is transferred to the User upon accrual of funds to the balance of Photographer.
4.3. The Administrator is considered to have fulfilled his obligation on the refund to the User from the moment of debiting of a certain sum from the personal account and transferring them to the User.
4.4. Any refunds to the User are carried out the same way as the payment for the copy of the Objects.
4.5. When returning funds to the User any fees charged by credit institutions and payment systems are paid by the Photographer (the expense of his personal funds on the account).
5.1. The Parties are liable in accordance with the current legislation for the failure to fulfill or improper fulfillment of the terms of this Policy.
5.2. The Administrator doesn’t keep data about the payment details of the Photographers and Users, thus doesn’t conduct checking and is not responsible in cases when the payment for an Object was carried out using stolen or lost means of payment. The foregoing is not applied to the cases, if the respective duty is assigned to the Administrator on the basis of the decision or act of the public authority. In addition, the Administrator, under appropriate suspicions may, at his sole discretion, decide to return the funds received by the Photographer through the stolen or lost means of payment.
The Administrator is not liable in any form in the following cases:
● in case of the purchase by the User of the copy of the Object of improper quality;
● in case of absence on the personal account of the Photographer of sufficient sum of money to refund the User;
● in case of delay of transferring funds to the User due to the fault of payment systems;
● in other cases, when there is no explicit or implicit guilt of the Administrator.
5.3. The User is entitled to make a claim in regard of the quality of the purchased Object directly to the Photographer.
5.4. The Administrator seeks to suppress and neutralize any abuses by the Photographer or the User. Thus, in case of multiple uploading to the Site by the Photographer of the Objects in improper quality, or multiple unreasonable claims regarding the quality of the Objects made by the User, the Administrator is entitled to forbid these persons to use the Site furthermore.
5.5. In case of returning funds for the Object to the User, the User is not entitled to use the Object in any possible way and is liable for the violation of this rule in accordance with the applicable legislation, in particular for the breach of copyright and exclusive rights of the Photographer.
6.1. This Offer comes into force from the moment of its publishing in the Internet on the Site specified in paragraph 1.1.1 of the Offer.
6.2. This Offer is published for an indefinite period and loses its force in case of its annulment by the Administrator.
6.3. In case of making amendments in the Offer, such amendments come into force from the moment of publishing of the new edition of the Offer on the Site, unless another term of coming amendments into force is not determined during the publication. The Administrator has the right to unilaterally implement changes to the text of the Offer.
6.4. The User undertakes to monitor the changes in the provisions of this Offer, is responsible, and bears negative consequences related to the non-compliance of the obligation.
6.5. In case of disagreement of the User with the corresponding changes, the User is obliged to stop using the Site and refuse the services provided by the Administrator. Otherwise, the usage of the services by the User means his consent with the amendments.
6.6. Relevant version of the Offer may be found on the site https://keepsnap.com/page/refund