Terms and Conditions

1. ACCEPTANCE OF TERMS

By accessing, browsing, or using the website located at www.elvispresleylostphotos.com (the "Website"), and/or by purchasing any products offered through the Website, you ("Customer" or "User") acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions ("Terms"). These Terms constitute a legally binding agreement between you and Elvis Presley Lost Photos ("Company," "we," "us," or "our").

If you do not agree to these Terms in their entirety, you must immediately discontinue use of the Website and refrain from placing any orders.

2. ELIGIBILITY AND AGE REQUIREMENT

By using this Website or placing an order, you represent and warrant that:

•       You are at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater;

•       You have the legal capacity and authority to enter into a binding contract;

•       You are not prohibited by any applicable law from purchasing, receiving, or possessing the products sold on this Website; and

•       All information you provide to the Company is accurate, current, and complete.

The Company does not knowingly sell products to minors. If the Company discovers or has reason to believe that a purchase was made by a person under the age of 18, it reserves the right to cancel the order and issue a refund. Parents or legal guardians are responsible for supervising minors' access to this Website. By completing a purchase, you confirm that you meet the eligibility requirements set forth in this section.

3. PRODUCTS AND COLLECTIBLES

Elvis Presley Lost Photos specializes in the sale of rare, limited-edition fine art photographic prints and collectible box sets related to Elvis Presley's historic 1956 appearance on the Ed Sullivan Show, as photographed by Richard Weede. The following terms apply to all product purchases:

•       All photographs and box sets are sold as fine art collectibles and limited-edition memorabilia.

•       Product availability is strictly limited. The Company reserves the right to discontinue any product at any time without prior notice.

•       Product images displayed on the Website are for illustrative purposes only. Actual items may vary slightly in tone, framing dimensions, or presentation due to the nature of original photographic prints.

•       Framing services are available at an additional charge. Framed items are subject to higher shipping costs, which will be disclosed prior to checkout.

•       Each box set includes a certificate of authenticity and cotton gloves as described in the product listing at the time of purchase.

4. CERTIFICATE OF AUTHENTICITY

The Certificate of Authenticity ("COA") accompanies the purchased product. The COA represents the Company's good-faith attestation regarding the provenance and limited-edition status of the item as known at the time of sale.  

5. PHOTOGRAPH PROVENANCE DISCLAIMER

The photographs sold through this Website were originally taken by photographer Richard Weede at Elvis Presley's October 28, 1956 appearance on the Ed Sullivan Show and were rediscovered in 2007. By making a purchase, you acknowledge and agree to the following:

•       The Company has conducted reasonable due diligence to establish the provenance and chain of custody of these photographs and makes good-faith representations regarding their authenticity.

6. NO INVESTMENT REPRESENTATIONS

THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND REGARDING THE CURRENT OR FUTURE MARKET VALUE, INVESTMENT POTENTIAL, RESALE PRICE, COLLECTIBLE GRADE, OR APPRECIATION OF ANY PRODUCT SOLD THROUGH THIS WEBSITE.

Specifically, you acknowledge and agree that:

•       Any statements made on the Website or in marketing materials regarding the rarity, historical significance, or limited availability of products are factual descriptions only and do not constitute financial advice, investment recommendations, or guarantees of value.

•       The purchase of collectibles, memorabilia, and fine art photography carries inherent market risk. The value of collectibles can decrease as well as increase, and past rarity or historical significance does not guarantee future value.

•       The Company is not a registered investment advisor, broker-dealer, or financial institution. Nothing on the Website constitutes investment advice, and you should not rely on any information on the Website as a substitute for independent financial or investment counsel.

•       The Company shall not be liable for any investment losses, market depreciation, or financial damages arising from your purchase of any product, regardless of the basis of such claim.

7. PRICING AND PAYMENT

All prices displayed on the Website are quoted in US Dollars (USD) and are subject to change without prior notice. The Company reserves the right to modify pricing at any time. The price applicable to your order will be the price confirmed at the time of your transaction.

•       Payment is due in full at the time of purchase.

•       The Company accepts payment methods as indicated at checkout. By submitting payment information, you represent and warrant that you are authorized to use the designated payment method.

•       Sales tax, where applicable, will be calculated and added to your order total at checkout based on your shipping address and applicable law.

•       The Company is not responsible for any fees, charges, or currency conversion costs imposed by your bank or payment provider.

8. CHARGEBACKS AND PAYMENT DISPUTES

By completing a purchase on this Website, you agree to contact the Company directly to resolve any concerns or disputes regarding your order before initiating a chargeback or payment dispute with your bank or card issuer.

•       You agree to provide the Company a minimum of 10 business days to attempt to resolve any order issue before filing a chargeback claim with your payment provider.

•       Initiating a fraudulent or unjustified chargeback for an order that was properly fulfilled in accordance with these Terms constitutes a breach of this agreement. In such cases, the Company reserves the right to dispute the chargeback, provide transaction and fulfillment records to the card network or payment processor, and seek recovery of the full order value, including any chargeback fees assessed to the Company.

•       The Company reserves the right to suspend or permanently block access to the Website for any Customer who initiates an unjustified chargeback.

•       Nothing in this section limits your right to dispute genuinely unauthorized transactions or transactions where the Company has materially failed to deliver the product as described.

9. ORDER ACCEPTANCE AND CONTRACT FORMATION

Submission of an order through the Website constitutes an offer to purchase the selected product(s) at the stated price. No contract is formed until the Company issues a written order confirmation via email. The Company reserves the right to decline or cancel any order at its sole discretion, including but not limited to cases involving:

•       Product unavailability or inventory errors;

•       Suspected fraudulent or unauthorized transactions;

•       Errors in product descriptions or pricing; or

•       Failure to meet eligibility, verification, or payment requirements.

If the Company cancels your order after payment has been processed, a full refund will be issued to your original payment method within a commercially reasonable timeframe.

10. SHIPPING AND DELIVERY

The Company will use reasonable efforts to ship orders within a reasonable timeframe following order confirmation. However, given the collectible and high-value nature of our products, all orders are carefully packaged and may require additional handling time.

•       Shipping timeframes are estimates only and are not guaranteed. The Company is not liable for delays caused by carriers, customs, weather events, or other circumstances beyond our reasonable control.

•       Risk of loss or damage to products passes to the Customer upon delivery to the carrier.

•       Framed items are subject to specialized packaging and will incur additional shipping charges.

•       The Company ships domestically and internationally. International customers are solely responsible for all customs duties, import taxes, and compliance with applicable import regulations.

•       For shipping inquiries, please contact us at info@elvispresleylostphotos.com or call 303-635-6978.

11. FORCE MAJEURE

The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond the Company's reasonable control, including but not limited to:

•       Acts of God, natural disasters, floods, fires, earthquakes, or severe weather events;

•       Pandemics, epidemics, or public health emergencies declared by a governmental authority;

•       Acts of war, terrorism, civil unrest, government actions, or embargoes;

•       Strikes, labor disputes, or industrial action;

•       Failures of third-party carriers, logistics providers, or postal services; or

•       Internet outages, telecommunications failures, or cyberattacks beyond the Company's reasonable control.

In the event of a Force Majeure event, the Company's obligations shall be suspended for the duration of the event. If a Force Majeure event prevents fulfillment of an order for more than 90 days, either party may cancel the order and the Company will issue a full refund of any amounts paid.

12. RETURNS, REFUNDS, AND EXCHANGES

Due to the rare, limited-edition, and high-value nature of our products, all sales are generally final. The Company will, however, consider returns or exchanges under the following limited circumstances:

•       The item received is materially different from the item described on the Website at the time of purchase;

•       The item arrives damaged due to shipping mishandling (photographic evidence must be provided within 48 hours of delivery); or

•       The order was fulfilled in error by the Company.

To initiate a return inquiry, contact us within 5 business days of delivery at info@elvispresleylostphotos.com. Approved returns must be shipped back in their original, undamaged packaging using a trackable, insured shipping method. Return shipping costs are the responsibility of the Customer unless the return is due to Company error.

The Company does not accept returns or issue refunds for buyer's remorse, change of mind, collector preference, or investment dissatisfaction.

13. INTELLECTUAL PROPERTY RIGHTS

All content on the Website, including but not limited to text, graphics, logos, images, product descriptions, and digital photography, is the property of Elvis Presley Lost Photos or its content licensors and is protected by applicable United States and international intellectual property laws.

•       The purchase of a physical photograph or box set grants you a personal, non-commercial license to display and enjoy the purchased item for personal use only.

•       No purchase conveys any right to reproduce, distribute, publicly display, create derivative works from, or commercially exploit any image, artwork, or content associated with the purchased product or the Website.

•       Elvis Presley's name, image, and likeness are the intellectual property of Elvis Presley Enterprises, LLC. Elvis Presley Lost Photos operates independently and is not affiliated with, endorsed by, or sponsored by Elvis Presley Enterprises, LLC, Authentic Brands Group (ABG), or any affiliated entity.

•       Unauthorized use of any content from this Website may violate copyright, trademark, and other applicable laws and could result in civil and/or criminal penalties.

14. DISCLAIMER OF WARRANTIES

THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The Company makes reasonable efforts to ensure the accuracy of product descriptions, pricing, and availability, but does not warrant that such information is complete, current, or error-free. The Company reserves the right to correct any errors, inaccuracies, or omissions without prior notice.

The Company does not warrant that (a) the Website will operate without interruption or error; (b) defects will be corrected; or (c) the Website or its servers are free of harmful components.

15. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall the Company's total liability to you for all claims arising from or related to your use of the Website or any product purchase exceed the amount you paid to the Company for the specific product giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the Company's liability shall be limited to the maximum extent permitted by applicable law.

16. PRIVACY AND DATA COLLECTION

The Company collects personal information (including name, email address, shipping address, and payment details) solely for the purpose of processing orders, providing customer service, and communicating with you about your purchases. We do not sell, rent, or share your personal information with third parties for marketing purposes.

By using the Website and/or placing an order, you consent to the collection and use of your information as described above. The Company implements commercially reasonable security measures to protect your personal information but cannot guarantee absolute security. For questions regarding your data, please contact us at info@elvispresleylostphotos.com.

17. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America, without regard to its conflict of law provisions.

Informal Resolution: Before initiating any formal dispute process, you agree to contact the Company at info@elvispresleylostphotos.com and provide a written description of your dispute. The parties agree to attempt good-faith resolution for a period of 30 days from the date of notice.

Binding Arbitration: If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website shall be submitted to binding arbitration in Denver, Colorado, in accordance with the American Arbitration Association's Consumer Arbitration Rules. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Arbitration Opt-Out: You may opt out of binding arbitration by sending written notice to info@elvispresleylostphotos.com within 30 days of your first use of the Website or first purchase, whichever occurs first. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in Denver, Colorado.

Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION AGAINST THE COMPANY. ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY.

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

18. WEBSITE ACCESSIBILITY

The Company is committed to making its Website accessible to all users, including those with disabilities, and endeavors to conform to applicable Web Content Accessibility Guidelines (WCAG) standards to the extent reasonably practicable. If you experience accessibility barriers on this Website, please contact us at info@elvispresleylostphotos.com so we may assist you and work to improve the Website's accessibility.

While the Company makes good-faith efforts toward accessibility, it does not warrant that the Website fully complies with all applicable accessibility standards at all times. Ongoing updates and third-party content integrations may temporarily affect accessibility features.

19. MODIFICATIONS TO TERMS

The Company reserves the right to update, modify, or replace these Terms at any time at its sole discretion. Changes become effective immediately upon posting to the Website. For material changes, the Company will make reasonable efforts to notify users via a notice posted on the Website. Your continued use of the Website following the posting of any changes constitutes your acceptance of those changes. We encourage you to periodically review these Terms for updates.

20. TERMINATION OF ACCESS

The Company reserves the right to suspend or terminate your access to the Website at any time, without notice, for conduct that the Company believes, in its sole discretion, violates these Terms or is otherwise harmful to other users, third parties, the Company, or its business interests.

21. SEVERABILITY AND ENTIRE AGREEMENT

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions of these Terms shall continue in full force and effect.

These Terms, together with any order confirmations and the Company's Privacy Policy, constitute the entire agreement between you and the Company with respect to your use of the Website and purchase of products, and supersede all prior or contemporaneous agreements, representations, or understandings.

22. CONTACT INFORMATION

For any questions, concerns, or inquiries regarding these Terms and Conditions, or any products sold through the Website, please contact us:

Elvis Presley Lost Photos

Email: info@elvispresleylostphotos.com

Phone: 303-635-6978

Website: www.elvispresleylostphotos.com