These terms and conditions (the “Terms and Conditions”) govern the use of www.byuen.com (the “Site”). This Site is owned and operated by Bob Yuen. This Site is a photo gallery and ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
All content published and made available on our Site is the property of Bob Yuen and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purpose, and not to:
- Reproduce, duplicate or copy material from our Site;
- Republish material from our Site;
- Redistribute content from our Site;
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or third party to the Site:
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent; or
- Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Sales of Goods and Services
These Terms and Condition govern the sale of goods and services available on our Site.
The following Goods are available on our Site:
Printed Photographs and Digital Files
The following Services are available on our Site:
The goods and services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, description, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
We accept the following payment methods on our Site
Major Credit Card
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
Free delivery to the Dance Studio, electronic download; or
Standard delivery by post.
Delivery will take place as soon as reasonably possible, depending on the delivery method. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends, statutory holidays and seasonal closure.
You will be required to pay for delivery charges to your home in addition to the prices for the goods you purchase.
You are required to provide us with complete and accurate delivery address, including the name of the recipient. We are not liable for delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Refunds for Goods and Services
Please refer to the Cancellation and Refund Policy
Consumer Protection Law
Where the Business Practices and Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal right and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Limitation of Liability
Bob Yuen and his family, directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Except where prohibited by law, by using this Site you indemnify and hold Bob Yuen and his family, directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of the Province of British Columbia.
Additional Terms for Photography Service
Reservations of Rights:
Bob Yuen shall reserve all rights not expressly granted to the Client, including but not limited to all copyrights and ownership rights in photography materials, which shall include but not be limited to transparencies, negatives, and prints. The Client shall not modify directly or indirectly any of the photographic materials whether by digitized encoding or any other form or process now in existence or which may come into being in the future, without the express written consent of Bob Yuen. Bob Yuen reserves the right to use images created under this contract for advertising, display, publication, or other purposes.
The Client shall give authorized credit in the name of BYUEN PHOTOGRAPHY, including copyright notice if specified by Bob Yuen, when the photography(s) are reproduced, unless specified to the contrary on the sales invoice. If authorship credit is specified on the invoice section and omitted when the photograph(s) are reproduced, the Client shall pay Bob Yuen liquidated damages equal to three (3x) times the invoiced amount.
If Bob Yuen is required by the Client to reshoot the assignment, the Client shall pay Bob Yuen in full for additional fees and expenses, unless (a) the reshoot is due to acts of GOD or is due to an error by a third party, in which case the Client shall only pay additional expenses but no fees; or (b) the reshoot is due to an error on the part of Bob Yuen, in which case the Client shall not pay an amount for expenses or fees.
This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the photographer. In the event that the Bob Yuen fails to perform for any other reason, then Bob Yuen shall not be liable for any amount in excess of the retail value of the Client’s order. The Client shall give Bob Yuen the first opportunity to perform any reshoot in all of the above situations.
If at any time any of the provision set forth in these Terms and Conditions is found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provision will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Please contact us if you have any questions or concerns. Our contact details are as follows:
3521 Slocan Street
You can also contact us through the contact form available on our Site.
Effective Date: 16th of August, 2021