1. General Policy Overview

All purchases are subject to the terms outlined below. We do not accept returns or refunds on most items except where required by law or where specific defects exist. Different categories of products are governed by different rules, as detailed in this policy.

This policy is designed to:

• Protect the interests of Swartz Portraits and our customers
• Comply with applicable laws in Virginia and Texas
• Provide transparency about what is and is not returnable
• Establish a clear process for addressing legitimate defects

By completing your purchase, you acknowledge that you have read, understood, and agree to be bound by this Return and Refund Policy.

2. Digital Files – No Returns or Refunds

2.1 Scope

This section applies to all digital files sold by Swartz Portraits, including but not limited to:

• Digital photograph files (high-resolution or edited versions)
• Digital image galleries or collections
• Downloadable editing presets or digital products
• Digital licenses for use of photographs
• Any product delivered as a digital download or email link

2.2 Final Sale – No Returns

Digital files are sold on a final sale basis and are NOT returnable or refundable.

Digital files cannot be "returned" in the traditional sense because they are intangible and can be instantly accessed, downloaded, and reproduced. Once a digital file is delivered to you via download link, email, or cloud storage access, it cannot be recalled or resold. Therefore:

• No refunds are issued for digital file purchases for any reason, including change of mind, dissatisfaction with content, or perceived quality issues.
• No exchanges are provided for digital files except in cases of technical delivery failure (e.g., corrupted file).
• All sales of digital files are final. This is a material term of the purchase agreement.

2.3 Exception for Technical Defects Only

The only exception to this final-sale policy occurs if:

1. The digital file you receive is technically corrupted, unreadable, or cannot be opened due to a defect in delivery or file format, AND
2. You notify Swartz Portraits of the defect within 10 days of receipt

In such cases, Swartz Portraits will provide you with a corrected or replacement digital file at no additional cost. No refund will be issued; replacement files only.

2.4 No Buyer's Remorse

Purchasing digital files commits you to the transaction. We do not provide refunds because you change your mind, decide you don't like the files, prefer a different style, or have second thoughts about the purchase. This policy is firm and applies to all digital purchases.

2.5 Consumer Protection Notice (Applicable to Virginia Customers)

Virginia customers should note that this non-refund policy for digital products is permitted under Virginia law provided that it is clearly disclosed before purchase. By proceeding with a digital file purchase, you acknowledge that you have accepted this final-sale term.

3. Print Products – Custom-Made, No Returns (Except for Defects)

3.1 Scope

This section applies to all physical printed products sold by Swartz Portraits, including but not limited to:

• High school senior portraits and prints
• Fine art prints
• Canvas prints
• Custom framed photographs
• Personalized albums or portfolios
• Matted or mounted prints
• Any other customized physical print product

3.2 All Products Are Custom-Made

All print products sold by Swartz Portraits are custom-made, handcrafted, or specially ordered for each individual customer. Because these products are:

• Manufactured or edited to customer specifications
• Made-to-order (not from pre-made inventory)
• Non-returnable to manufacturers
• Non-resellable if returned

We do not accept returns or refunds on print products, even if you change your mind, decide you prefer a different style, or are unsatisfied with your selection. This is a fundamental condition of the purchase.

3.3 "All Sales Final" – Final Sale Merchandise

All custom print orders are FINAL SALE. Once an order is placed and production begins, you cannot:

• Cancel the order
• Request a refund
• Return the merchandise for credit
• Exchange it for a different product

This applies regardless of the reason for dissatisfaction, including but not limited to:

• Change of mind
• Perceived quality concerns (unless defective)
• Desire for different products
• Personal preference changes

3.4 Exception: Defects in Workmanship or Materials

The only exception to the no-return policy occurs if your print products arrive with a defect in workmanship or materials caused by our production partner's manufacturing process. This includes:

3.5 Defect Claims Process and Timeline

If you believe your print products have arrived with a manufacturing defect:

1. Notify Within 10 Days

Contact Swartz Portraits within 10 calendar days of receiving the items. Provide:

• Order number and purchase date
• Clear description of the alleged defect
• Photographs of the defective items (if possible)

2. Swartz Portraits Assessment

Upon receiving your claim, Swartz Portraits will:

• Review the items and documentation
• Contact our production company to verify the defect
• Determine whether the issue qualifies as a manufacturing defect

3. Replacement, Not Refund

If the defect is confirmed:

• Swartz Portraits will work directly with our production partner to have a replacement manufactured
• The replacement product will be sent to you at no cost (production and shipping)
• You may be asked to return the defective item(s) for inspection by the production company
• No refund will be issued; replacement products only

4. Non-Defect Claims

If the alleged issue does not qualify as a manufacturing defect (e.g., you simply prefer a different product, have concerns about composition, or experience buyer's remorse), no remedy is available. The sale is final.

3.6 Timeframe for Defect Claims

Claims must be made within 10 calendar days of delivery. Claims submitted after 10 days will not be reviewed unless exceptional circumstances apply (documentation required). This timeframe allows for:

• Timely identification of manufacturing defects
• Prompt notification to our production partner
• Efficient replacement production and delivery
• Fair and manageable claims administration

4. All Other Merchandise – Exchange or Return Policy

4.1 Scope

This section applies to any products sold by Swartz Portraits that do not fall into the categories above, including but not limited to:

• Merchandise items (t-shirts, hats, branded products, etc.)
• Accessories sold through our website
• Non-custom miscellaneous products
• Any item not classified as a digital file or custom print product

4.2 Exchange or Return – Limited Window

For merchandise items, Swartz Portraits offers the following policy:

Exchanges: If an item is the wrong size, color, or style, you may request an exchange for the same or similar product within 30 days of purchase, subject to availability and condition.

Returns: Returns of other merchandise items are evaluated on a case-by-case basis by Swartz Portraits. All merchandise is sold on an as-is basis, and Swartz Portraits reserves the right to approve or deny return requests.

4.3 Conditions for Return Acceptance

If a merchandise return is requested:

• Items must be in original, unused condition with all original packaging and tags
• Return must be initiated within 30 days of purchase
• Proof of purchase (receipt or order number) is required
• Items may not have been worn, washed, or altered
• Swartz Portraits approval must be obtained before returning items

4.4 Return Shipping

Customers are responsible for return shipping costs unless the return is due to Swartz Portraits' error (wrong item shipped, etc.).

4.5 Refund or Credit

Upon receipt and inspection of returned merchandise:

• Refunds will be issued to the original payment method within 14 business days
• Store credit may be offered as an alternative to refund
• Items that do not meet return conditions may be refused and returned to you

5. General Provisions Applicable to All Products

5.1 All Sales Are Final

By completing your purchase, you acknowledge that all sales are final except as explicitly provided in this policy or as required by law. This applies to:

• Digital files (final, non-returnable)
• Custom print products (final, returnable only for manufacturing defects)
• Other merchandise (subject to the limited exchange/return terms above)

5.2 Condition Precedent to All Claims

To assert any claim under this policy—whether for a defect, error, or damage—you must:

1. Contact Swartz Portraits in writing with specific details
2. Provide supporting documentation (photographs, order information, etc.)
3. Comply with applicable timeframes (10 days for print defects, 30 days for merchandise)
4. Cooperate with any investigation or remedy process

Failure to comply with these requirements will result in denial of the claim.

5.3 As-Is Sales

Except where a specific warranty or defect remedy is stated in this policy, all products are sold "as is." This means:

• No implied warranties of merchantability or fitness for a particular purpose apply
• Swartz Portraits makes no warranties beyond those expressly stated herein
• You accept all products in their current condition at the time of delivery

5.4 No Warranty of Satisfaction

Swartz Portraits does not provide a satisfaction guarantee. If you are dissatisfied with a product for any reason other than a qualifying defect, no remedy is available. This includes:

• Dissatisfaction with photography composition, poses, or artistic direction
• Perceived quality concerns that do not rise to the level of a manufacturing defect
• Change of preferences or circumstances
• Comparative shopping or finding a better deal elsewhere

5.5 Limitation of Liability

Except where prohibited by law, Swartz Portraits' liability is limited to the refund or replacement of the defective product. In no case shall Swartz Portraits be liable for:

• Incidental damages (shipping, handling, convenience)
• Consequential damages
• Lost profits or lost opportunities
• Damages for emotional distress, embarrassment, or reputational harm
• Any damages exceeding the purchase price of the item

6. Applicable Law & Consumer Protection

6.1 Governing Law

This Return and Refund Policy is governed by the laws of the Commonwealth of Virginia and the State of Texas to the extent applicable to your purchase, without regard to conflicts of law principles.

6.2 Virginia Compliance

This policy complies with Virginia Code § 59.1-200 et seq. (Virginia Consumer Protection Act) and Virginia Code § 8.2-316 (Warranty Disclaimers). By purchasing from Swartz Portraits, Virginia customers acknowledge receipt of this conspicuously posted policy.

Virginia customers have the following statutory rights:

• If this policy is not clearly posted before purchase, Virginia law permits you to return items within 20 days for a refund
• If a product is defective or fails to meet implied warranty standards, Virginia law may provide remedies beyond those stated in this policy
• Misrepresentations or unfair practices may be pursued under the Virginia Consumer Protection Act

6.3 Texas Compliance

This policy complies with Texas Business & Commerce Code § 2.316 (Warranty Disclaimers) and Texas Civil Practice & Remedies Code § 82.003 (Product Liability). Texas law permits businesses to set their own return terms, and this policy reflects Swartz Portraits' final sale approach to custom products.

Texas customers should note:

• Texas law does not require return policies to be posted; however, Swartz Portraits voluntarily posts this policy for transparency
• If a product is defective or causes injury due to a manufacturing or design defect, Texas law may provide product liability remedies
• Express and implied warranty disclaimers are enforceable if conspicuous and specific

6.4 Defective Products & Statutory Remedies

Nothing in this policy waives your statutory rights regarding defective products. If a product is defective in design, manufacture, or marketing and causes injury or damage:

• Virginia customers may pursue claims under the Virginia Product Liability Act and breach of warranty
• Texas customers may pursue claims under Texas product liability law, including strict liability and negligence

Such claims are governed by applicable state law and are not waived by this policy.

6.5 Digital Goods Compliance

This policy complies with applicable federal and state regulations regarding digital products, including the Digital Goods Consumer Protection Act (where applicable). By purchasing digital files, you acknowledge:

• Digital files are non-returnable once delivered
• You have access rights only; you do not own the underlying intellectual property
• Terms of use and licensing restrictions apply to digital files
• No refund will be issued for any reason once the file is accessible

7. How to Contact Swartz Portraits

8. Policy Changes

Swartz Portraits reserves the right to modify this Return and Refund Policy at any time. Changes will be posted on this website, and your continued patronage constitutes acceptance of the updated policy. For significant changes, we will provide notice to existing customers where feasible.

9. Severability

If any provision of this policy is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be severed, and the remaining provisions will remain in full force and effect. To the extent any provision is partially invalid, it will be modified to the minimum extent necessary to make it enforceable while preserving the intent.

10. Summary Table

Product Category	Returnable?	Refundable?	Timeline	Conditions
Digital Files	No	No	N/A	Final sale; replacement for technical defects only within 10 days
Custom Print Products	No	No	10 days for defects	Manufacturing defects only; replacement, not refund
Other Merchandise	Limited	Case-by-case	30 days	Unused condition, original packaging; approval required