Terms and Conditions

GENERAL TERMS AND CONDITIONS – FotoFlits B.V.

Article 1 – Identity of the Entrepreneur

FotoFlits B.V., a private limited liability company incorporated under Dutch law, having its registered office in Wormerveer, the Netherlands, and registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 52098265.

Visiting address:
Soldaatweg 42-44
1521 RL Wormerveer
The Netherlands

Telephone: +31 (0)75 6841742
Website: www.FotoFlits.com
VAT number: NL8502.99.251.B01

Article 2 – Applicability

2.1 These general terms and conditions apply to every offer, every agreement, and every delivery by FotoFlits B.V., unless otherwise agreed in writing.
2.2 If the counterparty acts in the course of a profession or business, they are hereinafter referred to as a “business counterparty.” If the counterparty is a natural person not acting in the course of a profession or business, they are referred to as a “consumer.”
2.3 Deviations from these terms are only valid if agreed in writing.
2.4 The applicability of any general terms and conditions of the counterparty is explicitly excluded, unless and insofar as otherwise agreed in writing, including situations referred to in Article 17.
2.5 If any provision in these terms is found to be void or voidable, the remaining provisions shall remain fully in force.

Article 3 – Offers and and Quotations

3.1 All offers are without obligation unless expressly stated otherwise.
3.2 The offer contains a complete and accurate description of the products and/or services offered.
3.3 Obvious mistakes or errors in the offer do not bind FotoFlits.
3.4 An agreement is concluded at the moment the counterparty accepts the offer and, if applicable, meets any additional conditions set.

Article 4 – Orders

4.1 Orders can be placed via the webshop, by email, by telephone, or in the showroom.
4.2 After receiving the order, FotoFlits sends an electronic confirmation.
4.3 FotoFlits reserves the right to refuse an order with justification.
4.4 As long as receipt of acceptance has not been confirmed, the consumer may terminate the agreement.

Article 5 – Prices

5.1 Prices shown by FotoFlits on its website or other communications (such as brochures) include VAT. Only foreign companies within the European Union ordering from FotoFlits may, after providing a valid VAT identification number and meeting the conditions for intra-Community supplies, receive their order without VAT.
5.2 Additional costs, such as installation costs, disposal fees, and shipping costs, are not included in the prices mentioned in Article 5.1.
5.3 During the validity period stated in the offer, prices of products and/or services will not be increased, except for changes in VAT rates.
5.4 By way of exception, FotoFlits may offer products with variable prices when these are subject to fluctuations in the financial market beyond its control. Such dependency and any indicative pricing will be stated in the offer.
5.5 Any price increase after the conclusion of the agreement does not affect the agreed price.
5.6 If a price reduction occurs within seven working days after conclusion of the agreement, the consumer may request a credit note from FotoFlits.
5.7 Article 5.6 does not apply to special promotions, discounts, clearance sales, or similar offers.

Article 6 – Delivery

6.1 FotoFlits shall exercise the utmost care in receiving and executing product orders.
6.2 The delivery address is the address provided by the counterparty to FotoFlits.
6.3 Unless otherwise agreed, all purchased products are delivered via a courier selected by FotoFlits and will be delivered only to the ground floor or first accessible delivery point. Packaging materials must be removed by the counterparty.
6.4 Delivery takes place after receipt of full payment unless otherwise agreed in writing. For consumers, the maximum delivery period is 30 days unless otherwise agreed, although delivery is aimed within 3–5 working days. For business customers, the target delivery time is 3–5 working days. Exceeding this does not entitle termination unless the delay exceeds 30 days.
6.5 The counterparty is obliged to accept the product when offered by or on behalf of FotoFlits. If delivery fails due to the counterparty’s absence or insufficient information, FotoFlits will attempt redelivery. Additional shipping costs will be borne by the counterparty and must be paid before redelivery.
6.6 If an order consisting of multiple products cannot be delivered at once, a new delivery arrangement will be made, or partial delivery may occur with remaining items delivered later. Any discount on undelivered items will lapse.
6.7 The counterparty may refuse delivery if the product is damaged or not in conformity with the agreement.
6.8 The (consumer) counterparty must report defects within a reasonable time after delivery in writing.

Article 7 – Right of Withdrawal (Consumers)

7.1 The consumer has the right to withdraw from the agreement within 14 days without giving reasons.
7.2 The withdrawal period expires 14 days after the consumer receives the product.
7.3 The consumer must return the product within 14 days after withdrawal.
7.4 The consumer is only liable for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics, and functioning of the product.
7.5 FotoFlits will refund all payments received from the consumer within 14 days.
7.6 FotoFlits may withhold reimbursement until the product is received or proof of return has been provided.
7.7 Direct return shipping costs are borne by the consumer unless otherwise agreed.
7.8 A model withdrawal form is available.

Article 8 – Exceptions to the Right of Withdrawal

The right of withdrawal is excluded where legally permitted for:

• custom-made products;
• hygienic products if sealed packaging has been broken;
• audio, video recordings or software with broken seals;
• products which by their nature are inseparably mixed with other goods.

Article 9 – Warranty and Conformity

9.1 FotoFlits guarantees that products comply with the agreement and reasonable consumer expectations.
9.2 If a defect arises within 12 months of delivery, it is presumed the product was not in conformity at delivery.
9.3 In case of non-conformity, the consumer is entitled to free repair or replacement.
9.4 A commercial warranty of six (6) months may be provided in addition to statutory rights.
9.5 Repairs carry a three (3) month warranty, limited to the repaired part.
9.6 Elinchrom equipment has a two (2) year manufacturer warranty.
9.7 Warranties remain valid if the defect is not attributable to the consumer.

Article 10 – Liability

10.1 FotoFlits is not liable for indirect damages unless caused by intent or gross negligence.
10.2 Liability towards consumers is limited to the extent legally permitted.
10.3 Liability is limited to the purchase price, except where legally required otherwise.
10.4 Limitations do not apply in case of intent or gross negligence by FotoFlits.

Article 11 – Rental

11.1 The rental agreement is concluded after written confirmation.
11.2 The renter is liable for loss or damage during the rental period.
11.3 Late return results in additional daily rental charges.
11.4 Deposits are refunded minus any outstanding costs.

Article 12 –Force Majeure

FotoFlits is not obliged to fulfil any obligation if prevented by force majeure within the meaning of Article 6:75 of the Dutch Civil Code.
Force majeure includes any circumstance beyond FotoFlits’ control preventing reasonable performance, including but not limited to: natural disasters, fire, flooding, war, terrorism, pandemics, strikes, government measures, transport disruptions, energy or telecom failures, supplier failures, and similar events.
During force majeure, obligations are suspended.
If force majeure lasts longer than 30 days, both parties may terminate the agreement without liability for damages.
If obligations were partially fulfilled before force majeure occurred, FotoFlits may invoice the completed part separately.

Article 13 –Applicable Law and Disputes

All agreements are governed exclusively by Dutch law.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
Disputes involving consumers shall be submitted to the competent court according to statutory jurisdiction rules.
Disputes with business counterparties shall be exclusively submitted to the competent court in the district where FotoFlits is established, unless mandatory law provides otherwise.

Article 14 – Privacy

14.1 FotoFlits processes personal data in accordance with applicable laws, including the General Data Protection Regulation (GDPR). Processing is necessary for contract execution, legal obligations, or legitimate interests as permitted under the GDPR.
14.2 For detailed information about processing purposes and retention periods, please refer to our privacy statement.
14.3 Data subjects have rights under the GDPR, including access, correction, deletion (“right to be forgotten”), and restriction of processing. Requests can be submitted via our general email address and will be handled within legal timeframes.
14.4 Newsletter subscription is based on explicit consent (opt-in). Every newsletter includes an unsubscribe option (opt-out), after which processing for that purpose stops immediately.

Gift Card Terms

1. Gift cards are valid only on www.FotoFlits.com.
2. Gift cards are non-refundable and cannot be exchanged for cash.
3. Each gift card contains a unique code and must be kept securely.
4. Lost or stolen gift cards will not be replaced.
5. Gift cards are valid until the expiration date stated on the card.
6. In case of refund of an order paid (partly) with a gift card, the refunded amount will be credited to the gift card balance.

Discount Voucher Terms

1. Discount vouchers are valid only online.
2. Only one voucher per order unless otherwise stated.
3. Vouchers cannot be used to purchase gift cards.
4. Expired vouchers cannot be redeemed.
5. Vouchers may be subject to a minimum order value.

Article 15 – Termination of Business

If FotoFlits B.V. decides to discontinue, liquidate, or transfer its business, it may terminate ongoing agreements in writing with reasonable notice where permitted by law or contract.
Prepaid amounts for undelivered products or services will be refunded unless delivery is performed by a legal successor.
Termination does not affect consumer statutory rights regarding delivered goods.
FotoFlits may transfer rights and obligations to a successor after informing the counterparty.
In insolvency, agreements are handled according to applicable insolvency law.
Non-statutory warranties or services may be terminated, while legal obligations remain in force as long as legally required.

Article 16 – Applicability in Government Contracts

If the counterparty is a public authority and its procurement terms apply, those terms take precedence insofar as they do not conflict with mandatory consumer law.
These general terms are not waived implicitly by performing under other applicable terms.
Provisions that do not conflict with governmental procurement conditions remain additionally applicable.
Deviations are only valid if agreed in writing in the contract or order confirmation.