Terms of Agreement
Welcome to Couture Book’s terms and conditions. We value your business and are committed to your satisfaction.
We sell luxury handmade books wholesale to professional photographers and designers and will require verification that you are a professional before approving your account request.
Couture Book is owned and operated by ClifTunes LLC.
If you have any questions, comments, or concerns regarding the Couture Policies or any other aspect or part of our website, please contact firstname.lastname@example.org.
“Seller” means ClifTunes LLC doing business as Couture Book. “Buyer” means an account holder who submits an order. “Contract” means the order and any special conditions. “Goods” means the books and related products the Seller sells in accordance with the T&Cs. “Order” means the Buyer’s order for Goods. “Order Confirmation” is the confirmation email sent by the Seller to the Buyer when an Order is successfully placed. “Price” means the price together with shipping in force at the date and time of the Order, subject to any promotional offer or discount then applicable. “Special Conditions” are any addendums to an Order set out and designated as such and agreed to by the parties in writing.
2. Basis of Sale
The T&Cs and Special Conditions contain all of the terms and conditions pursuant to which the Seller will provide Goods to the Buyer. The parties expressly exclude any terms and conditions not agreed to by the parties in writing. In entering any Contract and in accepting delivery, the Buyer acknowledges that it did not rely on any representations concerning Goods not confirmed in writing.
3. Orders and Specifications
All Goods are offered for sale subject to availability and subject to the Seller’s acceptance of the Order. The Seller reserves the right to reject any Order without the obligation to give a reason for doing so. No Order is deemed accepted by the Seller until the Seller confirms it unconditionally in the Order Confirmation or in writing.
The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice. Goods supplied may therefore differ, including as a consequence of multi-standard color systems. The Seller endeavors to match as accurately as possible the printed colors of and within the Goods, but cannot guarantee that the colors will exactly match those displayed on the Buyer’s monitor or on printed pages from other presses.
Because we begin to incur production costs shortly after an Order is placed, Orders are not refundable. However, if you make a mistake when placing your order or need to change your order, please contact us within 48 hours of placing the Order and we’ll work with you to resolve the issue.
4. Price and Payment
The Buyer shall be responsible for any applicable taxes, including taxes applicable in the territory to which the Goods are sent. The Buyer must pay in full by credit card or bank transfer at the time of placing an Order. The Buyer warrants that all details provided to the Seller for the purpose of the Order and its delivery are correct and that the chosen method of payment is the property of the Buyer and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. All prices and currency references are in U.S. dollars.
Couture Book’s previous owner, Bigger Picture Productions, LLC, sold book credits at photography trade shows. We honor these credits, if both unused and unexpired. To redeem your credit, enter the code when you place your order. Book credits can only be applied to the cost of the book(s) you order. Book credits can’t be applied to shipping or custom upgrades and only one discount or book credit can be applied per order.
The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) will be FedEx Ground. Because manufacturing time can vary for individual items of Goods, the Seller reserves the right to combine items into one shipping package or to ship items separately. Any dates quoted for delivery by the Seller are estimates only. Time for delivery will not be of the essence to the Contract and the Seller will not be liable for any loss or expense sustained by the Buyer arising from any delay in the delivery of the Goods regardless of cause. The Seller reserves the right to make delivery of the Goods in installments. The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an installment. If the Buyer wrongfully fails to take delivery of the Goods, the Seller does not have an obligation to refund the Price. The Buyer must sign any required proof of delivery and inspect the Goods on delivery. If the Goods are alleged to be damaged or defective on delivery, the Buyer must provide a written description and photographs of the alleged damage or defect at the time of delivery.
The Seller guarantees its Goods’ binding and workmanship. If the Goods are, in fact, damaged or defective upon receipt, The Seller will provide the Buyer with a return shipping label and will repair or replace the Goods once received back from the Buyer at no charge.
7. Limitation of Liability
Other than as specified in Section 6, The Seller will not be liable in any way for loss, damage, costs or expenses arising from any failure or delay in performing any obligation under a Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to) strikes, industrial action, failure of power supplies or equipment, government action, or Act of God.
The liability of the Seller, its agents, employees, subcontractors, and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller’s obligations under the Contract, whether based on warranty, contract, negligence, strict liability, or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and shipping) of the Goods. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies, or services; cost of replacement capital; claims of purchaser’s customers; inventory or use charges; or incidental or consequential damages of any nature. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising the Contract.
It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software it uses is free of such items as viruses, worms, Trojan horses, or other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other party associated with the Buyer from any direct, indirect, special, or other consequential damages for any use of the CoutureBook.com website, or any other hyper-linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer’s information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.
THIS SERVICE IS PROVIDED “AS IS” AND “WITH ALL FAULTS”. CLIFTUNES LLC AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS VARYING FROM STATE TO STATE.
8. Intellectual Property
- This website is owned and operated by the Seller. The Seller owns the copyright to or has licensed the copyright to all of the Seller’s content on the website. All rights to the Seller’s content are reserved. Any modification made to the Seller’s content on this website by a third party is a violation of Seller’s or its licensor’s copyright.
- Nothing contained on the website should be construed as granting any license or right to use the website or any of Seller’s content on the website, except: (a) as expressly permitted by the T&Cs; or (b) with the prior written permission of Seller or its copyright licensee.
- Couture Book® is a registered trademark in the United States of America. The Seller maintains all of the rights to this trademark and it may not be used in connection with any product or service that is not Seller’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Seller. All other trademarks not owned by the Seller that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Seller.
- The Buyer is solely responsible for the files and related content it uploads, posts, e-mails, transmits, or otherwise make available on our website (“Buyer’s Content”). The Buyer certifies that it owns the intellectual property rights to the Buyer’s Content.
- The Buyer agrees that as an express condition of having an account with the Seller, the Buyer shall not use the service offered by the Seller to infringe the intellectual property rights of others in any way, including any intellectual property rights in images, fonts and the like that may be uploaded by the Buyer to the Seller’s website. The Buyer will be solely and fully responsible for any claims or other losses arising out of the Buyer’s actual or alleged infringement of any such rights. In addition (and without limitation), the Seller reserves the right, with or without notice, to terminate the account of any Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the website.
- The Seller respects the intellectual property of others. If you are a third party and believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) A description of the copyrighted work that you claim has been infringed; and the place where the material that you claim is infringing is located on the CoutureBook.com website;
(iii) Your address, telephone number, and email address;
(iv) A statement that your claim of infringement is based on a good-faith belief; and
(v) A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Seller can be reached for notice of claims of copyright infringement via email at email@example.com or at the following mailing address:
4747 E. Elliot Rd., Ste. 29-590
Phoenix, AZ 85044
9. Data Protection
10. General Terms
Governing Law and Jurisdiction – The Contract shall be governed by and construed in accordance with the laws of the State of Arizona.
Severability – If any provision of the Contract is found to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected or impaired.
Website Availability – Because public networks, such as the Internet, occasionally experience disruptions, the Seller cannot guarantee the CoutureBook.com website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller is not liable for damages resulting from such problems.
Typographical Errors – Information on the CoutureBook.com website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible, but does not warrant that the content of the CoutureBook.com website is complete or error-free.
Buyer Eligibility – In requesting a CoutureBook.com account, the Buyer acknowledges and represents that he/she is an individual at least 18 years of age who can enter into legally binding contracts under applicable law. The Buyer agrees to keep its username and password confidential. The Buyer further guarantees that the information supplied to the CoutureBook.com website is accurate. Falsifying or omitting contact information such as an account holder’s name, address, and/or telephone number when registering with CoutureBook.com is not permitted. When using the CoutureBook.com website, the Buyer must obey all applicable international, federal, state, and local laws.
Buyer’s License – The Seller grants to the Buyer a personal, limited, non-exclusive, and non-transferable right to access and use the content on the CoutureBook.com website solely for the purpose of purchasing Goods provided through the site. All use must be in accordance with Couture Policies.
Account Suspension and/or Termination – The Seller, in its sole discretion, may terminate the Buyer’s account for violating any Couture Policies. The Buyer agrees that breach of any of the Contract terms may also result in the immediate termination of the Buyer’s account and/or give rise to civil action against the Buyer.
Seller’s Right of Removal of Materials – Seller reserves the right at any time with or without the Buyer’s prior consent and without liability to the Buyer in that regard to delete from the CoutureBook.com website all personal information, data, text, files, images and all other materials of the Buyer and to prevent the Buyer from obtaining access to any such data. In particular, it is the absolute policy of the Seller to reject any material, at the Seller’s sole discretion, it considers to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
Effective: March 24, 2018