Terms of Use and Terms of Sale — Alternative Photographic

These terms apply to your use of alternativephotographic.com (the “Site”) and, when a sale is agreed, to the acquisition of an edition from the Studio.

This document is in two parts:

Part A — Terms of Use: governs your use of the Site, from first visit through to any enquiry or collector list registration.
Part B — Terms of Sale: sets out the terms that will govern any acquisition of an edition — whether by enquiry or through the online payment facility being established on this Site. See the introduction to Part B for how this part activates.

Please read both parts before using the Site. By submitting an enquiry or registering for the collector list, you confirm that you have read and agree to these terms.

Part A — Terms of Use

1. About these terms and who we are

These Terms of Use are issued by Alternative Photographic, a trading name of Alternative Concept Studio, a California general partnership (“the Studio,” “we,” “us”). Our studio address is 17015 Pine Ave, Los Gatos, CA 95032. You can reach us at admin@alternativeconcept.studio.

These terms govern your use of this Site. They apply whether you are browsing the work, making an enquiry, or registering for the collector list.

2. Using this Site

You are welcome to browse the Site for personal, non-commercial purposes.

You agree not to:

copy, scrape, harvest, or systematically extract content or images from this Site by automated means;
use any photograph, image, or other content from this Site to train, fine-tune, or otherwise develop any artificial intelligence or machine-learning system;
frame or hotlink to any image or page on this Site from another website, application, or service;
reproduce, publish, or communicate any photograph displayed on this Site, in any medium or format, without the Studio’s express prior written consent;
use this Site in any way that is unlawful, deceptive, or harmful to others.

3. The photographs — copyright and what viewing does not license

All photographs displayed on this Site are original works of authorship. They are copyright © Alternative Photographic / Alternative Concept Studio. All rights are reserved in all media and territories.

Viewing a photograph on this Site does not grant you any licence to reproduce, print, publish, distribute, share, or use that photograph in any way. No licence of any kind — express or implied — passes to you simply because you can see the image on your screen.

The right to make a physical print of an edition is conveyed only as part of a specific, written acquisition of a stated edition from the Studio, and only to the extent confirmed in writing by the Studio at the time of that acquisition.

If you are interested in licensing a photograph for editorial, commercial, archival, or any other purpose, please contact us at admin@alternativeconcept.studio. We license work on a rights-managed basis; scope, duration, and territory are discussed at enquiry.

4. Enquiry and direct purchase

Every edition displayed on this Site is available for enquiry. Submitting an enquiry form is an expression of interest. It is not a purchase, a reservation, or any binding commitment — on your part or ours.

Where an online payment facility is live for a specific edition and size tier, you may complete a purchase directly through that facility on this Site. Editions available for direct purchase are indicated on the artwork page. Editions not yet available for direct purchase remain available for enquiry only.

We respond to all enquiries personally, typically within two working days. We would rather spend time with a serious enquiry than process a quick one carelessly. Details of edition availability, pricing, payment, and fulfilment are confirmed in writing by the Studio individually for each accepted enquiry.

The Studio does not hold or reserve editions on the basis of an unconfirmed enquiry. Part B of these terms sets out how a sale is made — whether by enquiry or through the payment facility.

5. Collector list

You may register to receive information about new editions and Studio news by submitting your email address via the collector list form or by selecting the collector list option in the enquiry form. Registration is voluntary.

You may withdraw from the collector list at any time by contacting admin@alternativeconcept.studio or by using the unsubscribe option in any communication we send you.

We will use your email address only for the purposes described — to let you know about new editions and Studio news. We will not share your details with third parties for marketing purposes. Please see our Privacy Notice for full details of how we handle personal information.

6. On-screen colour and the printed image

We reproduce our photographs on this Site as faithfully as our production workflow allows. However, how a photograph appears on your display is shaped by factors outside our control: your screen’s colour profile, calibration, brightness setting, and the ambient light in the room.

This matters, and we want to be honest about it. A fine art print is produced to a colour-managed standard on calibrated equipment, using pigment inks on archival fine art media. The tonal range, surface quality, shadow depth, and highlight detail of a physical print are beyond what any screen can reproduce.

What you see here is a considered representation of the work. It is not a substitute for the experience of the print itself. If you are thinking seriously about an edition, we would welcome a conversation before you decide. We are glad, on request, to share additional reference material — detail crops, information about the specific paper stock, surface finish, and ink set, and the precise finished dimensions for any print size — so that your decision rests on stated facts rather than screen impression. If a question of tonality, colour rendering, or finish is on your mind, please put it to us before committing: we can answer specifically and in writing, and we would rather do that than leave a collector uncertain. The enquiry process exists for exactly this.

If a print reaches you and the physical work is not what you hoped for — for any reason — the return provisions in Part B §10 are there for exactly that. A voluntary 14-day return window exists alongside your statutory rights; the clause is worth reading before you commit.

7. Third-party links

This Site may contain links to third-party websites. Those websites are not under the Studio’s control. We are not responsible for their content, availability, accuracy, or privacy practices. A link does not constitute an endorsement of any kind. Please read the terms and privacy policies of any third-party site you visit.

8. Privacy

How we collect, use, store, and protect personal information — including information submitted through the enquiry form and collector list — is set out in our Privacy Notice. The Privacy Notice is incorporated into these terms by reference. Please read it alongside these terms.

9. Changes to these terms

We may update these terms from time to time. Where we make material changes, we will post the revised version on this page with an updated effective date. Continuing to use this Site after that date means you accept the revised terms. We recommend you check this page periodically.

Current version: 2.0. Effective date: 2026-08-12.

Part B — Terms of Sale

Introduction — how these Terms of Sale activate

These Terms of Sale govern any acquisition of an edition from the Studio. Two acquisition routes are provided for and may operate concurrently.

Enquiry route. Every edition is available for enquiry. Where no direct payment facility is currently live for a specific edition or tier, acquisition is by enquiry only. The Studio’s written acceptance of a collector’s enquiry is the mechanism by which a binding contract forms under §3.

Online payment route (being established). The Studio is establishing an online payment facility for this Site — through Stripe, Shopify, or an equivalent payment processor — through which a collector may complete a purchase directly. Where that facility is live for a specific edition and size tier, a confirmed payment through the payment facility is the mechanism by which a binding contract forms under §3 for that transaction. The dynamic edition-availability display on each artwork page reflects the live position; the availability tally in §2 governs what may be purchased through the payment route.

Publishing these terms before the payment facility is live for a given edition is not a representation that a purchase may be completed at this time. The enquiry route remains available in all cases.

1. Displays and enquiries — an invitation to deal

The display of editions on this Site — including any indicative price or edition information — is an invitation to make an enquiry. Under California Commercial Code §2204 and general California contract principles, it is not an offer capable of acceptance.

A collector’s enquiry is itself an invitation to the Studio to open a discussion. It is not an offer that the Studio is bound to accept. The Studio may decline any enquiry, for any lawful reason, at any time before it has issued a written acceptance.

2. Price, availability, and the Studio’s rights before acceptance

Until the Studio issues a written acceptance of a specific enquiry, we reserve the right to:

correct any error in any displayed or communicated indicative price;
confirm, adjust, or decline to confirm final pricing for any edition or print size;
confirm or decline availability of any stated edition, size tier, or print;
decline any enquiry or withdraw any edition from consideration;
limit the number of editions placed with any one collector.

Any indicative price displayed or communicated is subject to confirmation in the Studio’s written acceptance. The Studio will not be bound by a displayed price it has not confirmed in writing.

Dynamic edition availability

Where an online payment facility is live for a specific edition and size tier, the artwork page displays the current available quantity for that tier. The following governs how that tally is maintained and what it represents.

(a) Source of truth. The Studio’s edition register for each work is the authoritative record of impressions produced, sold, and available. The tally displayed on the artwork page is a real-time view of that register; the register governs in the event of any discrepancy.

(b) Decrements on confirmed payment only. The displayed tally decrements only on receipt of confirmed cleared funds — when the payment processor confirms a completed transaction. Adding an edition to a cart, initiating a payment flow, or submitting an enquiry does not reduce the displayed tally or constitute a reservation.

(c) No undisclosed reservations. If the Studio holds any quantity against the available pool for any reason other than confirmed payment — including manual holds, pending enquiry allocations, or any reservation mechanism — that fact will be stated on the artwork page alongside the tally. A tally that does not disclose an undisclosed hold is a false representation of available quantity. No reservation system is currently operated; if one is introduced, this sub-section requires amendment and public disclosure before it is activated.

(d) Hard limit in the transaction path. The payment facility is configured so that a purchase cannot be completed for an edition impression that does not exist in the available pool in the register. A “sold out” state is enforced at the transaction level — the payment processor will not process a purchase beyond the available pool — not merely as a display state. An oversold edition — where more numbered impressions are delivered to collectors than the stated edition size — is a false edition-size representation within the meaning of the California Fine Prints Act (Civ. Code §1745) and is not recoverable after the fact. This is a build requirement.

(e) Qualitative display where precision is unavailable. Where the displayed tally cannot be confirmed to be accurate at page load — including during system maintenance, synchronisation delay, or a data inconsistency — the tally will display as “available” or “sold out” rather than a specific quantity that cannot be verified. A specific quantity is not displayed where the Studio is aware it may be inaccurate.

(f) Concurrent purchase. Where two collectors simultaneously initiate purchase of the last available impression of a tier, the transaction that is confirmed first by the payment processor is the valid one. The second collector’s payment will not be accepted; if it is processed before the system detects the conflict, the Studio will refund in full within 5 business days and notify the collector that the edition was no longer available.

3. How a sale is made — offer and acceptance

Enquiry route. A binding contract for the acquisition of an edition by enquiry will form only when all of the following have occurred:

(a) the Studio has issued a written acceptance of a specific collector’s enquiry, stating the work, the edition tier, the edition size, and the agreed price — and, for the size of the print, both the image area (the dimensions of the printed photograph, not including any border or margin) and the sheet size (the dimensions of the paper on which it is printed); and

(b) the collector has confirmed acceptance of the Studio’s written offer, in writing; and

The Studio will set out the precise steps required at the time of any accepted enquiry. All terms specific to a confirmed acquisition — including payment arrangements, shipping details, and delivery timeline — will be stated in the Studio’s written acceptance.

Online payment route. Where the Studio has enabled a direct payment facility for a specific edition and size tier on this Site, a binding contract will form when:

(d) the collector selects the specific edition, tier, and print size on the artwork page and proceeds to checkout; and

(e) payment in full is completed through the payment facility; and

(f) the payment processor issues a payment confirmation to the collector confirming cleared funds.

The payment confirmation constitutes the Studio’s acceptance of the transaction on the terms published at the time of purchase. All material terms — including the edition, tier, edition size, price, image area and sheet size, and these Terms of Sale — are presented to the collector at checkout and incorporated into the contract by reference. The payment confirmation also constitutes the Studio’s written acceptance for the purposes of §§4–10.

Where a payment is processed but the edition impression is no longer available at the moment of processing — due to a simultaneous transaction or a system error — the Studio will refund the payment in full within 5 business days; no contract forms in that case.

4. Editions: the Limited Edition and the Open Edition

Alternative Photographic offers two distinct editions of each work from the same digital master: a numbered, signed, certificate-bearing Limited Edition and an unlimited, unsigned, uncertified Open Edition. Both are produced from the same master. A collector should read both sections before acquiring either.

The Limited Edition

Each Limited Edition print is an original fine art photographic print produced by Alternative Photographic on archival fine art media. The Limited Edition of each work is offered in three size tiers — Entry, Standard, and Exhibition — each with its own edition size. Edition sizes are set per work and per tier, with defaults of Entry 50, Standard 30, and Exhibition 10, which may vary per work as stated on the artwork page. The stated edition size for each tier is the authorised maximum number of numbered impressions of that work produced in that tier.

The three size tiers constitute three independently numbered editions from the same digital master. Numbering runs separately within each tier: an Entry impression is numbered and identified in the form “Entry n/[Entry edition size for this work]”; a Standard impression in the form “Standard n/[Standard edition size for this work]”; an Exhibition impression in the form “Exhibition n/[Exhibition edition size for this work]”. The tier name is stated alongside the impression number on every certificate, in the edition register, on each artwork page, and in all correspondence referring to a specific impression — because three different prints from the same work each carry the number 1 (at their respective tier sizes), and an impression identified by number alone without its tier describes three different objects. An Entry impression does not reduce the available numbered count for Standard or Exhibition impressions; each tier has its own independent limit.

Because the three tiers are separate editions from the same master, the Certificate of Authenticity for each tier states the other two tiers as concurrent editions from the same master, in addition to the Open Edition. A collector holding an Exhibition impression — one of at most [Exhibition edition size] impressions at that tier — holds something materially scarcer than a collector holding an Entry impression — one of at most [Entry edition size] impressions at that tier — of the same work, at a different price. This is ordinary tiered practice; it is disclosed here so that collectors can see it at the point of decision rather than infer it from a fraction on a certificate.

Artist’s proofs

The Studio reserves the right to produce up to two artist’s proofs at each size tier offered — a maximum of two at Entry size, up to two at Standard size, and up to two at Exhibition size — for archival purposes. Artist’s proofs are additional to the numbered impressions and are not drawn from the numbered impression count of any tier. Up to six artist’s proofs per work may be produced in total.

The total authorised maximum number of Limited Edition impressions of any work from a single master — numbered impressions plus artist’s proofs, not including Open Edition impressions — is determined by the per-work edition sizes. Under default tier sizes with up to 2 APs per tier: up to 90 numbered impressions plus up to 6 artist’s proofs, being up to 96 Limited Edition impressions in total from a single master. The authorised maximum for any specific work is the sum of the per-tier edition sizes stated on the artwork page for that work, plus up to two artist’s proofs per tier offered.

“Reserves the right to produce up to” is the governing framing throughout. This discloses an authorised maximum, not an assertion that six proofs will be made. Fewer may be produced, or none.

Artist’s proofs produced under this right will be retained by the Studio for archival purposes and will not be offered for sale. This is a binding commitment. The Studio will not sell any impression designated as an artist’s proof under this provision. Any future decision to offer artist’s proofs for sale would require an amendment to these published terms before any such sale could take place.

In the course of producing each Limited Edition, working prints — including test prints, calibration prints, proofing sheets, and misprints — occur as an ordinary and unavoidable part of any fine art printing process. Any impression produced in that process that does not form part of the numbered signed impressions or the archival artist’s proofs described above will be destroyed and not retained. No such working print will be sold, distributed, gifted, or permitted to leave the Studio. The authorised maximums stated above — the per-tier edition sizes confirmed on the artwork page for this work, plus up to six archival artist’s proofs — are therefore the complete and exhaustive statement of Limited Edition impressions of this work that exist or will exist. Those figures describe what is retained and in existence within the Limited Edition; they are not statements about Open Edition impressions, which are produced from the same master as a separate, unlimited offering described in the next section.

Edition closure and master files

On completion of the numbered Limited Edition — when all authorised numbered impressions across all tiers for a given work have been produced — the Studio will permanently close the numbered Limited Edition of that work. No further numbered Limited Edition impressions of any kind will be produced or offered from that point. Production of Open Edition impressions from the same master continues after the numbered edition closes; the Open Edition is a separate and unlimited offering and its continued production does not breach the numbered edition limit.

The digital master files for these editions will be retained by the Studio. They will not be destroyed, altered, or cancelled. The numbered edition limit stated in these terms — the authorised maximum per tier, plus up to six archival artist’s proofs — is a binding commitment by the Studio as to the numbered Limited Edition. The Studio retains the capability to produce further impressions from the same master. It undertakes not to produce any further numbered Limited Edition impressions beyond the authorised maximum once the numbered edition is closed. It produces Open Edition impressions from the same master, which are a separate, unlimited offering; the production of Open Edition impressions does not constitute a breach of the numbered edition limit. A collector acquiring a Limited Edition print should understand that the scarcity of the numbered edition rests on the Studio’s commitment to that limit, not on any physical impossibility arising from destruction of the master, and that the same master is used to produce both the numbered Limited Edition and the Open Edition.

The Certificate of Authenticity furnished with each Limited Edition print records whether the digital master has been destroyed, altered, or cancelled, as required by the California Fine Prints Act. For these editions: the master is retained and has not been destroyed, altered, or cancelled.

The Open Edition

Alongside the numbered Limited Edition, the Studio produces an Open Edition of each work in the collection from the same digital master.

Open Edition impressions are:

printed at 8 × 10 inches on 8.5 × 11 inch paper — a different physical size and a different crop of the original image than any of the three Limited Edition tiers, which are produced at a 3:2 ratio;
unsigned and unnumbered — no Open Edition impression carries the artist’s signature or an edition number;
unlimited in number — there is no cap on the number of Open Edition impressions that may be produced; production may continue indefinitely;
priced at $25 per impression;
sold without a Certificate of Authenticity — no Certificate of Authenticity is issued with an Open Edition impression; the California Fine Prints Act’s certificate and disclosure obligation (Civ. Code §§1740–1745.9) does not apply at the $25 price point, which falls below the Act’s $100 threshold; the Studio does not issue a certificate for Open Edition impressions as a contractual commitment.

The existence of the Open Edition does not reduce, alter, or dilute the numbered impression count for the Limited Edition. Every Limited Edition impression retains its numbered, signed character, its Certificate of Authenticity, and its scarcity as confirmed by that certificate.

The voluntary 14-day change-of-mind return right in §10.3 applies to Open Edition impressions on the same terms as for Limited Edition prints, with modifications noted in §10.3 to reflect the absence of a Certificate of Authenticity and proportionate packaging requirements.

Certificate of Authenticity — Limited Edition only

The Studio furnishes a written Certificate of Authenticity with every Limited Edition print sold, on every tier of the Limited Edition, without exception. This certificate commitment applies to the Limited Edition. No Certificate of Authenticity is issued with an Open Edition impression.

Where a Limited Edition acquisition meets the threshold set by the California Fine Prints Act (Civ. Code §§1740–1745.9), the furnishing of that certificate is a statutory obligation and the certificate is a statutory instrument — its contents are prescribed by Civ. Code §1744. Where a Limited Edition acquisition falls below the threshold set by the Act, the Studio provides the same certificate, containing the same matters, as a term of your contract with the Studio.

Open Edition impressions are priced below the Act’s threshold. No statutory certificate obligation arises in connection with an Open Edition sale. The Studio does not issue a certificate for Open Edition impressions as a contractual commitment.

The Limited Edition certificate will state the following for each edition:

the artist’s name;
whether the work has been signed by the artist, and if so, how — or the source of the artist’s name if the work is unsigned;
the medium and process by which the work was produced;
whether the work reproduces or derives from a master produced in a different medium;
whether any unsigned reproduction was authorised by the artist in writing;
whether the artist was living or deceased when the master (negative) was created;
whether the edition was produced after the artist’s death;
whether the master has previously been used to produce any other editions, and whether the master is concurrently used to produce any other editions — whether prior or concurrent. The Certificate for each tier must name all four concurrent offerings from the same master: (i) prior editions — none; no work in the Alternative Photographic collection has previously been offered, sold, or distributed as a print edition in any number, by any means, or under any name — stated affirmatively for all works; (ii) the Standard edition — a separately numbered limited edition from the same master (per-work edition size as stated on the artwork page for this work, default 30 numbered impressions); (iii) the Entry edition — a separately numbered limited edition from the same master (per-work edition size as stated on the artwork page for this work, default 50 numbered impressions); (iv) the Open Edition — unlimited, unsigned, unnumbered, 8 × 10 image on 8.5 × 11 paper, $25. (For a Standard certificate: items (ii) and (iii) are the Exhibition edition [default 10] and Entry edition [default 50]. For an Entry certificate: items (ii) and (iii) are the Exhibition edition [default 10] and Standard edition [default 30].) Each sibling tier is described with its concurrent edition size. All four items are stated specifically and categorically pursuant to Civ. Code §1742(d); this disclosure covers prior and concurrent editions from the same master, not prior editions alone; under Civ. Code §1744(b)(8), the sibling tiers are other limited editions from the same master — they are affirmatively disclosed on every certificate, not omitted;
the year of production, stated in two parts: (a) the year the original photograph was made — a per-work fact confirmed from the Studio’s records and the per-work edition register; and (b) the year this impression was printed — the calendar year in which this specific print was produced; both dates are stated on each Certificate of Authenticity, clearly labelled to distinguish the date of the image from the date of the print;
the size of this Limited Edition tier — the authorised maximum for the specific tier acquired: [per-work edition size for this tier — default Entry 50, Standard 30, Exhibition 10], each tier being a separate edition from the same master; all numbered impressions in this Limited Edition tier are signed by the artist in the margin in gray ink pen, each marked in the form “[Tier name] n/[tier edition size for this work]” — the tier name is always stated alongside the impression number; the other two Limited Edition tiers from the same master are disclosed separately in item (viii) above as concurrent limited editions; there are no unsigned impressions in this numbered Limited Edition; and, separately: from the same master, the Studio concurrently produces an unlimited Open Edition of unsigned and unnumbered impressions — the number of unsigned Open Edition impressions is not capped; production is unrestricted in number and may continue indefinitely; this is not a fact unknown after reasonable inquiry but an affirmative, known characteristic of the Open Edition, stated here categorically pursuant to Civ. Code §1742(d); and, separately: artist’s proofs — the Studio reserves the right to produce up to two artist’s proofs at each size tier offered (Entry, Standard, and Exhibition), a maximum of six per work in total, which are additional to and not drawn from the numbered impressions of any tier, retained for archival purposes, and not for sale; working prints produced in the course of producing the Limited Edition — including test prints, calibration prints, proofing sheets, and misprints — are destroyed and not retained; nothing outside the numbered signed impressions and up to six artist’s proofs is retained, sold, distributed, or permitted to leave the Studio as a Limited Edition impression; the total authorised maximum of Limited Edition impressions of this work in existence from a single master is the sum of the per-tier edition sizes for all tiers offered for this work, plus up to six archival artist’s proofs (up to two per tier) — complete and exhaustive as a statement of what exists or will exist within the Limited Edition;
for each size tier in which this specific work is offered, both the image area (the dimensions of the printed photograph, not including any border or margin) and the sheet size (the dimensions of the paper on which it is printed): Entry, Standard, and Exhibition are price and size categories; the actual image area and sheet size for this work in each tier offered are confirmed from the Studio’s per-work edition register and stated in the Studio’s written acceptance; dimensions within a tier may vary between works; the figures on this Certificate of Authenticity are the confirmed dimensions for this specific work in each specific tier offered;
the disposition of the master following completion of this Limited Edition: the digital master files are retained by the Studio and will not be destroyed, altered, or cancelled; the numbered Limited Edition is permanently closed on completion — no further numbered Limited Edition impressions of any tier will be produced or offered; the master remains in the Studio’s possession; the numbered edition limit — the authorised maximum impressions per tier as stated on this certificate and the artwork page for this work — is a binding commitment, not a physical impossibility arising from destruction of the master; Open Edition impressions continue to be produced from the same master after the numbered edition closes.

Where any of the above facts is not known to the Studio after reasonable inquiry, the Certificate will state that specifically and categorically, as the Act requires.

The Certificate will be furnished at the time of, or before, any accepted Limited Edition sale. Where payment is received before delivery of the print, the Certificate will accompany the print on delivery.

The Certificate of Authenticity is a statutory requirement for qualifying Limited Edition acquisitions and a contractual commitment for all Limited Edition acquisitions. Its content maps to Civ. Code §1744 in every material respect, across all tiers of the Limited Edition. The Studio does not consider any Limited Edition print sale to be complete without a compliant Certificate.

The Hedera on-chain edition record (future)

The Studio intends, in a future phase, to maintain an on-chain edition record for each Limited Edition acquisition via a distributed ledger. Where that record is introduced, it may carry the §1744 disclosure fields. However, the blockchain record and the statutory Certificate of Authenticity are independent instruments. An on-chain record does not substitute for, or discharge, the statutory certificate obligation under the California Fine Prints Act. Whether Open Edition acquisitions are recorded on-chain is an operational and cost question flagged separately in the cover note.

5. Payment

Enquiry route. Payment terms, method, currency, and any staged-payment arrangements will be confirmed in the Studio’s written acceptance of a specific enquiry. Payment discussions are part of the enquiry process for collector-grade editions; they are conducted privately and with care. No payment obligation arises until the Studio has issued a written acceptance as described in §3.

Online payment route. Where a direct payment facility is live for a specific edition and size tier, payment is made in full through the payment processor (Stripe, Shopify, or equivalent) at checkout. The price displayed at checkout is the agreed price for the purposes of §3(f). The payment processor’s standard terms apply to the processing of the payment; those terms govern the mechanics of the transaction, not the terms of the acquisition of the edition, which are governed by this document.

Note on sales tax: California sales and use tax applies to fine art prints as tangible personal property. The Studio will comply with its California Department of Tax and Fee Administration (CDTFA) obligations, including any applicable requirement to collect and remit sales tax. Tax amounts, where applicable, will be stated at the time of written acceptance. Buyers resident outside California should be aware that destination-state tax obligations may apply. This is not tax advice; the Studio’s external CPA holds that function.

6. Shipping, title, and risk

Editions will be packed and shipped using a specialist fine art packing and courier service. The Studio will confirm the carrier and shipping arrangements in the written acceptance.

Shipping costs and any applicable import duties or customs charges are the collector’s responsibility and will be confirmed at the time of written acceptance.

Title to the edition will pass to the collector on receipt of cleared payment in full. Risk of loss will remain with the Studio until the edition is delivered to the collector’s stated delivery address. The Studio will arrange appropriate transit insurance as part of the shipping arrangement; the cost will form part of the confirmed shipping charge.

7. Warranty of authenticity

The Studio warrants, expressly, that each edition acquired from the Studio:

(a) is an authentic photographic work produced by the stated artist; and

(b) is from a Limited Edition tier of the size stated in the Certificate of Authenticity and in the Studio’s written acceptance — the edition size on the Certificate refers to the specific tier acquired; the other two Limited Edition tiers from the same master are separately disclosed on the Certificate as concurrent limited editions pursuant to Civ. Code §1744(b)(8).

This warranty reflects the Studio’s genuine commitment to every collector. It is not a disclaimer in disguise.

California implied warranties

California law — in particular the Song-Beverly Consumer Warranty Act (Civ. Code §1790 et seq.) and California Commercial Code §§2314–2315 — may attach an implied warranty of merchantability to retail sales of consumer goods: broadly, that the item is fit for its ordinary purpose. Where the Studio gives an express warranty (as above), California law does not permit the Studio to disclaim this implied merchantability floor. You therefore have the benefit of both the express warranty stated above and any non-disclaimable implied warranty of merchantability that California law confers.

The Studio does not warrant, and you should not rely on any statement by the Studio regarding:

the investment value, future value, or resale price of any edition, now or at any future time;
the lightfastness or archival longevity of any print — no representation is made by the Studio about archival lifespan, display permanence, or ink stability for any edition unless and until a tested specification for the specific printer, paper, and ink combination to be used in that edition has been confirmed in writing to the collector at the time of acceptance; where such a specification is confirmed in writing, the Studio does not warrant performance beyond the limits of that tested specification;
the suitability of any edition for any purpose other than display as a fine art photographic print;
any independent valuation or appraisal.

Where the Studio’s warranty is not met — including where a print arrives damaged or does not conform to the edition and description agreed in writing — the remedy available to you is set out in §10.1 (damage and non-conforming prints). That provision applies to warranty failures. The conditions of the voluntary change-of-mind return in §10.3 do not apply to warranty claims.

8. Limitation of liability

What we remain fully responsible for

Nothing in these terms limits or excludes the Studio’s liability for:

fraud or fraudulent misrepresentation;
wilful misconduct or intentional wrongdoing;
any liability that cannot be lawfully limited or excluded under California law, including under the California Consumers Legal Remedies Act (CLRA, Civ. Code §1750 et seq.), the California Fine Prints Act (Civ. Code §§1740–1745.9), the Unfair Competition Law (Bus. & Prof. Code §17200), or the False Advertising Law (Bus. & Prof. Code §17500);
personal injury caused by negligence.

What we limit

Subject to the above, the Studio’s total liability to you arising from or connected with a specific acquisition — whether in contract, negligence, or otherwise — will not exceed the price you actually paid to the Studio for that specific edition.

Refunds under §10 — outside this cap

The limitation stated above applies to claims for damages and losses arising from or connected with a specific acquisition. It does not apply to, and does not limit, the Studio’s obligations to make refunds and related payments to a collector under §10 of these terms. Refunds and reimbursements payable under §§10.1, 10.2, and 10.3 — including refunds of shipping charges, insurance charges, and sales tax as described in those sections — are the Studio’s published commitments and contractual promises; they are the Studio performing its stated obligations, not discharging a damages liability to which this cap attaches. A collector entitled to a refund under any provision of §10 is entitled to the full amounts stated in those sections without deduction by reference to this §8.

The Studio will not be liable for indirect or consequential losses of any kind arising from an acquisition or from the use, display, or possession of an edition — including lost profit, lost opportunity, loss of anticipated savings, or damage to reputation — provided those losses were not within the reasonable contemplation of both parties when the acquisition was agreed.

These limitations are intended to be proportionate for a fine art studio of this scale. They are not designed to leave a collector without remedy for a genuine failing — they are designed to allocate the risk of unforeseeable or indirect loss fairly, and to remain within the bounds that California law enforces.

9. Governing law and disputes

These terms — and any dispute, claim, or question arising out of or relating to them — are governed by the law of the State of California, without regard to its conflict-of-laws rules.

The Studio’s preferred forum for any dispute is Santa Clara County, California. You and the Studio agree to attempt to resolve any dispute in good faith before commencing formal proceedings.

Consumer venue rights under California law

If you are a California consumer, the California Consumers Legal Remedies Act (CLRA) contains its own venue provisions (§1780(c)). Those provisions may entitle you to bring a CLRA claim in the county of your California residence or where the relevant transaction occurred. The Studio’s Santa Clara County forum preference is not intended to override or limit any venue right that the CLRA confers on you as a California consumer.

Note on arbitration

These terms do not include an arbitration clause or class-action waiver. If the Studio introduces these in a future version of these terms, any such clause will contain the public-injunctive-relief carve-out required by California law (McGill v. Citibank, 2 Cal.5th 945 (2017)), and will be the subject of a separate, clearly highlighted notice. Any such change will be a business decision for the Studio and will require licensed-attorney review before adoption.

10. Returns and refunds

Three separate remedies apply depending on the circumstances. They operate independently. The conditions that attach to one do not apply to the others. They must not be read as a single returns policy.

10.1 — If your print arrives damaged, or is not the work we described

If your print arrives damaged, or is not the work we described, that is our responsibility and the following applies —

Risk of loss sits with the Studio until delivery to your stated address (§6). A print damaged in transit was damaged while the risk was the Studio’s. The Studio’s obligation to make you whole arises from the nature of the transaction, from the warranty of authenticity at §7, and from the risk-of-loss position at §6. It is not a favour; it is an existing obligation.

Where a print arrives damaged, or is not the work described and agreed in writing:

(a) You may elect either: replacement with another impression from the same edition, where one exists and the Studio confirms availability; or a full refund of every sum you have paid — the edition price, all shipping charges, and all insurance charges.

(b) The Studio will arrange collection from your stated address at the Studio’s own cost and at the Studio’s risk. You are not required to source or fund return shipping.

(c) None of the conditions stated elsewhere in §10 — including any packaging requirement, return window, or provision of the voluntary policy at §10.3 — applies to a return under this clause. Your right to relief here is not conditional on satisfying any provision of §10.3.

(d) Practical request only — not a condition of any right or remedy: Where goods arrive visibly damaged, we ask — for the purposes of the Studio’s insurance claim only — that you note any damage on the carrier’s delivery documentation at the point of receipt if possible, photograph the case before opening, and notify the Studio within 48 hours with a description and photographs. Failure to notify within 48 hours does not affect your rights or remedies under this clause in any way.

(e) The Certificate of Authenticity does not need to be returned before a refund under this clause is processed. If the certificate is unavailable — because it has not yet been located, or for any other reason — the Studio will reissue a replacement certificate for any Limited Edition impression re-offered to another collector. Open Edition impressions are sold without a Certificate of Authenticity; the certificate provisions of this sub-clause do not apply to Open Edition returns.

10.2 — 30-day right of return: edition disclosure matters

Statutory right — where the Fine Prints Act applies

The California Fine Prints Act (Civ. Code §1742(b)) gives you a right of return where your acquisition meets the threshold set by the Act. Where that right applies:

(a) you are entitled to a refund where payment was made before the print was delivered to you — which is the Studio’s model; and

(b) you return the print in the condition in which you received it, within 30 days of receiving it; and

(c) the reason for your return relates to a matter contained in the Certificate of Authenticity or the disclosure information the Studio is required by law to furnish with the sale.

The remedy is a refund of the consideration you paid, plus interest at the legal rate, under Civ. Code §1745(a). To exercise this right, notify the Studio in writing stating that your return is made pursuant to Civ. Code §1742(b).

Voluntary extension — below the statutory threshold

Where your acquisition falls below the threshold at which the Fine Prints Act applies, no statutory disclosure-triggered right of return arises under the Act. In that case, the Studio voluntarily provides the same 30-day return right as a term of your contract — on the same conditions, for the same scope of reason, and producing the same refund as a statutory claim under Civ. Code §1745(a) would produce.

What this means in practice

Whichever applies to your acquisition, the answer is the same: if the reason for your return relates to a matter in the Certificate of Authenticity or the disclosure information furnished with the sale, you have 30 days from receipt of the print to notify the Studio. You do not need to know which provision applies to your specific acquisition.

Open Edition impressions — §10.2 does not apply

Open Edition impressions are priced at $25. The California Fine Prints Act’s statutory return right under Civ. Code §1742(b) does not apply to Open Edition acquisitions: the Act’s $100 threshold is not met, and no Certificate of Authenticity or statutory disclosure is furnished with an Open Edition sale. The voluntary extension in this clause also does not apply to Open Edition impressions: there is no COA and no disclosure information from which a §10.2 scope-of-reason return could arise. Open Edition change-of-mind returns are addressed exclusively in §10.3.

Savings

The 14-day voluntary window in §10.3 does not limit, shorten, or substitute for the 30-day right in this clause — whether arising under the Fine Prints Act or under the Studio’s voluntary contractual extension. Nothing in these terms waives or limits your rights under Civ. Code §1742 or any other provision of the California Fine Prints Act.

10.3 — Voluntary return: if your print arrives in perfect condition but is not right for you

Scope of this clause — read this first

This provision applies to change-of-mind returns only. It does not apply to, and does not limit your rights in connection with: prints that arrive damaged or do not conform to what was agreed (§10.1); or returns made pursuant to your rights under the California Fine Prints Act (§10.2). A voluntary change-of-mind return is one where the print arrived undamaged, conforms to the agreed description and the certificate, and the reason for return is a matter of personal preference.

Nothing in this §10.3 limits or shortens your rights under Civ. Code §1742 or any other provision of the California Fine Prints Act, the implied warranty of merchantability, the implied warranty of fitness for a particular purpose, or any other warranty right conferred by California law.

The voluntary return right

If your print arrives in perfect condition and exactly as described, but you decide it is not right for you —

The Studio offers a voluntary 14-day return window. You may return the print for any reason of personal preference: because the tone reads differently on your wall than it appeared on screen, because the finished dimensions are larger than you had imagined, because it is not right for the room, or for any other reason of your own. No explanation is required and no reason need be given.

The window — how it is measured

The window opens on the date the print is delivered, as evidenced by the fine art carrier’s proof of delivery (POD). At the point of delivery confirmation, the Studio will notify you in writing of the exact calendar date the window closes. That date is also pre-printed on the Delivery and Inspection Card accompanying the shipment.

Where delivery is made to a collector-nominated agent, framer, or storage address, the window runs from the POD at that address.

Where a POD record is ambiguous or unavailable, the window is resolved in your favour.

If you are travelling and cannot access the print, a written request to the Studio for an extension — received before the window closes — will be considered at the Studio’s discretion. Please contact the Studio before the window closes.

How to make a voluntary return

(a) Notify the Studio in writing before the window closes. Notification may be made in plain language; no prescribed form, reason, or reference number is required as a condition of stopping the clock.

(b) The Studio will issue a return authorisation within 2 business days of receiving your notification.

Limited Edition prints: The Studio books collection by a specialist fine-art carrier. The Studio insures the print from the moment the specialist carrier takes possession at your address. The return leg is the Studio’s arrangement — fine art transit cover is written to the specialist carrier’s handling standard and a collector-arranged consignment sits outside it.

Open Edition impressions: The Studio issues a pre-paid return label for ordinary insured post or equivalent. Package the print securely using the original or adequate protective packing and hand it to the nominated carrier or postal service within the window in step (d) below.

(d) Limited Edition prints: The print must be available for collection within 14 days of the Studio’s return authorisation. This window runs from authorisation, not notification, because a rule that required the print back by day 14 from notification would make your remedy turn on the Studio’s own lead time for booking a specialist carrier.

Open Edition impressions: The print must be despatched within 14 days of the Studio’s return authorisation. This window runs from authorisation, not notification, to give the Studio time to issue the pre-paid return label before the countdown begins.

Condition for a voluntary return

Limited Edition prints: The print must be returned in the condition in which it was delivered, complete with the Certificate of Authenticity and all edition documentation, and repacked in the original specialist shipping case.

Open Edition impressions: The print must be returned in the condition in which it was delivered, repacked in protective packaging adequate to prevent damage in transit. No Certificate of Authenticity or edition documentation exists for an Open Edition impression; none can be required. The original packing should be used where available; where it is not, adequate protective packaging suffices — the Studio will not require a specialist shipping case as a condition of an Open Edition return.

You are expressly permitted to:

unpack the print fully;
handle it using the supplied gloves;
view it in different light conditions and in the space you intend for it;
live with it throughout the return window.

The purpose of the window is to let you assess the physical work. The above does not defeat a return.

Irreversible treatments — dry-mounting, face-mounting, trimming, third-party framing or stretching, adhesive mounting of any kind, inscription, or conservation treatment — take the print outside its delivered condition. These are listed so there is no ambiguity. This cross-refers to the condition requirement above; it is not a separate or additional exclusion.

Retain the original packing for the full window. If the original packing is damaged or unavailable at the point of return, the Studio will supply a replacement specialist shipping case at the Studio’s own cost. Damaged or missing packing does not defeat a voluntary return.

Limited Edition prints: The Certificate of Authenticity does not need to be returned before a refund is issued. If the certificate is missing, the Studio will reissue for any Limited Edition impression re-offered to another collector. Its return is preferred; its absence does not delay or defeat the refund.

Open Edition impressions: No Certificate of Authenticity is issued with an Open Edition impression. No certificate condition applies to an Open Edition voluntary return.

Return freight and insurance

Limited Edition prints: The Studio pays the cost of specialist fine-art carriage for the return, capped at the outbound shipping charge you paid. If the specialist carrier’s return quote exceeds the outbound charge, the Studio will notify you of the excess in writing before booking; you may withdraw your return at that point. No excess will be charged or deducted without your written agreement. The Studio arranges, books, and insures the return; you do not arrange or book the carrier.

The Studio bears the risk of loss on the return leg from the moment the print leaves your possession and is handed to the specialist carrier. Your entitlement to the refund is not affected by loss or damage to the print in return transit.

Open Edition impressions: The Studio issues a pre-paid return label and pays the cost of return carriage — ordinary insured post or equivalent — capped at the outbound shipping charge you paid. The Studio arranges the return carriage; you do not book or pay for a carrier.

The Studio bears the risk of loss on the return leg from the moment the print is handed to the carrier or postal service. Your entitlement to the refund is not affected by loss or damage to the print in return transit.

Refund

On a valid voluntary return, the Studio will refund:

(a) the full edition price you paid;

(b) the outbound shipping and insurance charge you paid, in full;

No restocking fee applies. A restocking fee would charge for a cost the Studio does not incur.

Limited Edition prints: A returned Limited Edition print retains its numbered position within its edition tier and is fully saleable to another collector at that same numbered position. No numbered impression is lost from the edition by a return.

Open Edition impressions: A returned Open Edition impression is unsigned and unnumbered. It is fully saleable to another collector. No edition position is lost or altered by a return.

Import duties, destination-country taxes, and similar charges paid at the destination are not refunded — the Studio has not received these sums. Where a collector who paid such charges makes a valid return, the Studio will supply any export or re-import documentation in its power to support the collector’s own reclaim from the relevant authority.

The Studio will inspect the returned print within 3 business days of its arrival. A refund will be processed within 10 business days of the print’s arrival, by the same payment method and to the same account or card as the original payment. The Studio absorbs its own outbound wire or transfer fees; receiving-bank charges are the collector’s.

California sales tax is refunded in accordance with CDTFA requirements. The Studio refunds the tax charged; the mechanics of the CDTFA process are for the Studio and its external tax advisers.

Exclusions from the voluntary return right

The voluntary return right does not apply to:

(a) Commissioned or bespoke work. Where a print has been produced to the collector’s individual specification — including any bespoke size, substrate, processing, or finish that is not part of the Studio’s standard edition range — the work cannot be offered to another collector and the voluntary return right does not apply. This exclusion is stated clearly at the time of any commission.

(b) Prints that have been irreversibly altered. See the condition requirement above. Dry-mounting, face-mounting, trimming, adhesive mounting, inscription, and conservation treatment are stated there. This cross-refers to that requirement; it is not a separate or additional rule.

(c) A sale of the specific print the collector inspected in person at a fair or exhibition. Where a sale is concluded at a fair or exhibition at which that specific print was on physical display and the collector had the opportunity to inspect it before the sale was agreed, there is no sight-unseen element. This exclusion is narrow: it applies only to the sale of that specific print, at that specific event, where the collector had the opportunity to inspect it before purchase. It does not apply where the collector attended an event at which a different print was on display, or where the sale was concluded by correspondence or online following an event.

Exclusions (a), (b), and (c) apply to §10.3 only. They do not limit any right under §10.1 (damage and non-conforming prints) or §10.2 (Fine Prints Act statutory return).

10.4 — Savings — rights preserved throughout

The following apply across all of §10 and to any provision of these terms that touches on returns, remedies, or the condition of goods delivered:

(a) Fine Prints Act rights preserved. Nothing in these terms limits, shortens, or substitutes for your rights under Civ. Code §1742 or any other provision of the California Fine Prints Act (Civ. Code §§1740–1745.9). The 14-day voluntary window in §10.3 is a change-of-mind facility; it is not an outer limit on any statutory return right.

(b) California warranty rights preserved. Nothing in these terms limits your rights under the implied warranty of merchantability, the implied warranty of fitness for a particular purpose, or any other warranty right conferred by the Song-Beverly Consumer Warranty Act (Civ. Code §§1790 et seq.), California Commercial Code §§2314–2315, or any other applicable provision of California law, including Civ. Code §§1792.3 and 1792.4.

(c) Rejection and revocation rights preserved. The 14-day period in §10.3 does not set, limit, or shorten any period within which you may exercise rights to reject non-conforming goods or to revoke acceptance under California Commercial Code §§2602 or 2608. Reasonable time for those purposes is a fact-specific determination; it is not capped by the voluntary window.

(d) No exclusive remedy. The voluntary policy in §10.3 is not the collector’s sole and exclusive remedy for any claim. It operates alongside the rights in §§10.1, 10.2, and the statutory rights preserved in this §10.4. The savings provision of Civ. Code §1745(e) is not limited by any provision of these terms.

(e) No waiver by expiry of the voluntary window. Failure to notify within the 14-day voluntary window does not waive any statutory right. Claims under the California Fine Prints Act are governed by the limitation periods in Civ. Code §1745(c) — one year from discovery of the violation, and in no event more than three years from the date of sale. Nothing in these terms shortens or modifies those periods.

(f) CLRA and UCL rights preserved. Nothing in these terms limits any right conferred by the California Consumers Legal Remedies Act (Civ. Code §1750 et seq.) or the Unfair Competition Law (Bus. & Prof. Code §17200).

10.5 — Delivery and inspection protocol

Protocol

The following steps protect both collector and Studio and are recorded here as the operating procedure for every shipment:

Do not sign a clean proof of delivery for a shipment showing visible damage to the case. Note any damage on the carrier’s delivery documentation at the point of receipt if this is possible.
Photograph the shipping case — including any damage to the exterior — before opening.
Unpack on a clean, flat surface using the supplied gloves. Photograph the print and packing if damage or a discrepancy is visible.
Retain all original packing for the full 14-day voluntary return window.
If you discover damage or a discrepancy, notify the Studio within 48 hours, attaching photographs and a description. This is a practical request to assist the Studio’s insurance claim; it is not a condition of any right or remedy. Your rights under §10.1 apply whatever the timing of your notification.
Do not return or dispose of any print or packing until the Studio has confirmed disposition in writing.

The Delivery and Inspection Card

A printed Delivery and Inspection Card accompanies each shipment. It carries these protocol steps, the key terms of the two applicable return paths (§10.1 and §10.3), and the pre-printed calendar date on which the voluntary return window closes for that specific shipment.

The card’s design, print production, and fulfilment integration are operational matters for the Studio. The card must be produced and included before the first shipment goes out. This is a flag, not a contractual obligation of these terms — but the card is the front-line instrument that makes these provisions real for a collector at the moment of receipt.

Part A and Part B — General

Entire agreement

These terms, together with the Studio’s written acceptance of any specific enquiry, and — for Limited Edition acquisitions — the Certificate of Authenticity furnished with each Limited Edition impression, constitute the full agreement between you and the Studio in respect of the subject matter covered. Open Edition acquisitions are not accompanied by a Certificate of Authenticity; no such document forms part of the agreement for an Open Edition sale.

Severance

If any provision of these terms is found by a court to be unenforceable, the remaining provisions will continue in full force.

Waiver

The Studio’s failure to enforce any provision of these terms on any occasion is not a waiver of its right to enforce that provision at any other time.

Contact

For any question about these terms, please contact admin@alternativeconcept.studio.

These Terms of Use and Terms of Sale are issued by Alternative Photographic, a trading name of Alternative Concept Studio, a California general partnership. Governing law: California. Venue: Santa Clara County.