TERMS OF SERVICE

At BoatFotos, we take great pride in capturing high-quality, vibrant, and dynamic images to offer at fair and reasonable prices. Selling pictures by mail can present unique challenges. To ensure smooth transactions, we require your agreement to the following policies before sending your pictures:

1. Delivery: We will ship your pictures via the United States Postal Service (USPS) or United Parcel Service (UPS) to the address you provide. Delivery is considered complete when USPS or United Parcel Service (UPS) logs the package as delivered to your provided address. As USPS or UPS agents do not require personal identification upon delivery, it is agreed that the person receiving the package at the provided address acts on your behalf.

2. Returns: If you decide not to purchase the pictures, you must return them within 15 days from the date of receipt (as logged by USPS). Returns must be sent using a traceable carrier, and proof of delivery to our address must be provided upon request. If you cannot provide proof of delivery, you agree to pay for the full package immediately. All photographs are considered custom items.

3. Shortages: We carefully count the photographs we send and those returned. Our count will be considered final. If pictures are missing from a returned package, we will assume you have kept them and will bill you accordingly. You agree to pay for all pictures retained immediately.

4. Collections: You agree to return any pictures you do not wish to purchase within 15 days and to pay for any pictures retained beyond that period. Failure to comply with these terms constitutes a breach of contract, entitling us to pursue legal remedies, including reasonable attorney’s fees, court costs, and appellate fees incurred in enforcing this agreement.

5. Copyright: You are purchasing individual prints, not the rights to the images, unless a specific transaction for digital files is made. Digital files are paid for by non-refundable credit card transactions and sent electronically. All images remain the property of BoatFotos, which retains exclusive rights. Reproduction or use of images in any form, including but not limited to magazines, merchandise, brochures, websites, or personal artwork, is strictly prohibited. Additional prints or digital rights may be arranged through us..

6. Privacy: BoatFotos respects your privacy and does not disclose customer information to third parties. Customer data is used solely for order fulfillment and occasional communication.

7. Shipping and Handling Fee: A flat fee of $25 will be charged to cover the cost of shipping and handling, which includes procuring durable packaging and shipping via USPS with adult signature confirmation.

The parties agree that any disputes arising from this agreement or copyright infringement claims will be resolved exclusively in a court of competent jurisdiction located in Miami Dade County, Florida. Service of process will be deemed valid if conducted in accordance with the Florida Rules of Civil Procedure and applicable state laws. In addition, the parties agree to first attempt to resolve any disputes through mediation conducted by a neutral third party, with the location of such mediation to be in Miami, Florida.