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

1. These General Terms and Conditions apply to every offer, order and agreement concluded between FotoFlits and a consumer (“Consumer”).
2. Deviations are only valid if expressly agreed in writing.
3. Any general terms and conditions used by the Consumer are expressly rejected.
4. If any provision of these Terms is void or unenforceable, the remaining provisions shall remain in full force.

Article 3 – Offers and Formation of the Agreement

1. All offers are non-binding unless expressly stated otherwise.
2. An agreement is concluded at the moment the Consumer accepts the offer and complies with the stated conditions.
3. FotoFlits will confirm receipt of the order electronically without undue delay.
4. Obvious errors or manifest mistakes in offers do not bind FotoFlits.

Article 4 – Prices

1. All prices stated on the website are inclusive of VAT and exclusive of shipping costs, unless expressly stated otherwise.
2. Shipping costs and any additional charges will be clearly stated before conclusion of the agreement.
3. During the validity period of an offer, prices will not be increased, except for changes in VAT rates.
4. After conclusion of the agreement, the agreed price will not be increased.

Article 5 – Delivery

1. Delivery shall take place at the address provided by the Consumer.
2. The risk of loss or damage passes to the Consumer at the moment of delivery.
3. Delivery shall take place within the period stated on the website or, if no period is stated, within 30 days after conclusion of the agreement.
4. If delivery is delayed, the Consumer has the right to terminate the agreement if FotoFlits fails to deliver within an additional reasonable period set by the Consumer.
5. Partial deliveries are permitted unless this causes unreasonable disadvantage to the Consumer.

Article 6 – Right of Withdrawal (Consumers Only)

1. The Consumer has the right to withdraw from the distance contract within 14 days without giving any reason.
2. The withdrawal period expires 14 days after the day on which the Consumer, or a third party designated by the Consumer, acquires physical possession of the goods.
3. To exercise the right of withdrawal, the Consumer must notify FotoFlits by means of a clear statement (e.g. by e-mail).
4. The Consumer shall return the goods without undue delay and no later than 14 days after notification of withdrawal.
5. The Consumer shall bear the direct costs of returning the goods, unless otherwise agreed.
6. The Consumer is only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
7. FotoFlits shall reimburse all payments received from the Consumer, including standard delivery costs, within 14 days after being informed of the withdrawal, but may withhold reimbursement until the goods have been received or proof of return has been supplied.

Exclusions from Withdrawal

The right of withdrawal does not apply to:

1. Goods made to the Consumer’s specifications or clearly personalised;
2. Sealed goods which are not suitable for return for health protection or hygiene reasons once unsealed;
3. Audio, video recordings or software if the seal has been broken after delivery;
4. Goods which by their nature are irrevocably mixed with other items after delivery.

Article 7 – Conformity and Legal Guarantee

1. FotoFlits guarantees that the products comply with the agreement, the specifications stated in the offer, and the reasonable requirements of soundness and usability.
2. The Consumer is entitled to statutory warranty rights under Dutch law.
3. If a defect becomes apparent within one year after delivery, it is presumed to have existed at the time of delivery unless proven otherwise.
4. In case of non-conformity, the Consumer is entitled to repair or replacement free of charge, unless this is impossible or disproportionate.
5. If repair or replacement is impossible or not carried out within a reasonable time, the Consumer may request a price reduction or termination of the agreement.
6. Any commercial manufacturer’s warranty is provided in addition to, and does not affect, statutory rights.

Article 8 – Liability

1. Nothing in these Terms limits or excludes liability for:

• death or personal injury caused by negligence;

• fraud or wilful misconduct;

• liability that cannot be excluded under applicable law.

1. FotoFlits is liable for direct damage resulting from attributable failure in performance.
2. For consumer agreements, liability limitations apply only insofar as permitted under mandatory law.
3. Indirect damage, including consequential loss or loss of profit, is excluded insofar as legally permissible.

Article 9 – Complaints Procedure

1. Complaints must be submitted within a reasonable time after the defect is discovered.
2. Complaints can be submitted via customer service by e-mail or telephone.
3. FotoFlits will respond within 14 days of receipt.
4. If a dispute cannot be resolved amicably, the Consumer may submit the dispute to the competent court or an authorised dispute resolution body.

Article 10 – Retention of Title

1. Ownership of delivered goods remains with FotoFlits until full payment has been received.
2. The Consumer is not permitted to pledge or resell goods before ownership has transferred.

Article 11 – Force Majeure

1. FotoFlits is not liable for failure to perform due to force majeure as defined under Dutch law.
2. If force majeure lasts longer than two months, both parties may terminate the agreement without compensation.

Article 12 – Applicable Law and Jurisdiction

1. All agreements are governed by Dutch law.
2. The applicability of the Vienna Sales Convention (CISG) is excluded.
3. In case of disputes with a Consumer, the competent court of the Consumer’s place of residence shall have jurisdiction.

Article 13 – Privacy and Data Protection

1. FotoFlits processes personal data in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR).
2. Personal data are processed solely for order handling, customer service and, where consent has been given, marketing purposes.
3. The Consumer has the right to access, rectify, erase and restrict processing of personal data.
4. Further information is provided in the Privacy Policy published on the website.

Article 14 – Intellectual Property

All intellectual property rights relating to photographs, website content, brochures and other materials remain vested in FotoFlits.
Use is only permitted after prior written consent.

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 10 – Commercial Warranty and Legal Conformity

10.1 Conformity

FotoFlits guarantees that the delivered goods comply with the agreement, the specifications stated in the offer, and the reasonable requirements of soundness and usability that may be expected at the time of delivery for normal use in the Netherlands.

Where goods are used outside the Netherlands, the Consumer is responsible for verifying whether the goods are suitable for use in that jurisdiction and comply with local requirements. Different warranty conditions may apply where legally required.

This commercial warranty does not affect the Consumer’s statutory rights under Dutch law.

10.2 Commercial Warranty Period

Any commercial warranty provided by FotoFlits applies for a period of six (6) months from delivery, unless the nature of the product implies otherwise or parties have agreed differently.

If the warranty concerns goods manufactured by a third party, the warranty is limited to the warranty provided by that manufacturer, unless expressly stated otherwise.

This commercial warranty is granted in addition to the statutory rights of the Consumer.

10.3 Elinchrom Equipment Warranty

In deviation from Article 10.2, all Elinchrom flash equipment is subject to a standard manufacturer’s warranty of two (2) years, unless otherwise stated.

Only the original purchase invoice and warranty certificate serve as proof of warranty entitlement.

The warranty does not apply to:

a. glassware components such as flash tubes, domes, modelling lamps and loose accessories;
b. battery-powered IR transmitters, IR receivers and sync cables;
c. Elinchrom products not purchased via the official dealer network or purchased outside the Netherlands.

This manufacturer’s warranty applies in addition to statutory conformity rights.

10.4 Exclusions from Warranty

Any warranty claim shall be excluded if a defect arises as a result of:

• improper or careless use;
• use contrary to instructions;
• use after expiration date (where applicable);
• improper storage or maintenance;
• modifications made without written permission from FotoFlits;
• attachment of components not intended for the product;
• processing or alteration not in accordance with prescribed instructions;
• external circumstances beyond FotoFlits’ control, including extreme weather conditions.
• These exclusions do not affect mandatory statutory rights of Consumers.

10.5 Duty to Inspect and Notification of Defects

The Consumer is requested to inspect the goods upon delivery.

Visible defects should be reported within a reasonable time after discovery.
Non-visible defects must also be reported within a reasonable time after discovery.

For consumer sales, a notification within two months after discovery is considered timely under Dutch law.

The notification must include a sufficiently detailed description of the defect.

The Consumer shall allow FotoFlits the opportunity to investigate the complaint.

10.6 Effect of Complaint on Payment

Submitting a complaint does not automatically suspend the Consumer’s payment obligation, unless the defect justifies suspension under applicable law.

10.7 Late Notification

Failure to notify within a reasonable time after discovery may limit the Consumer’s rights, insofar as permitted by law.

10.8 Remedies

If a defect is established and timely reported, FotoFlits shall, at its discretion and in accordance with statutory rights:

• repair the goods;

• replace the goods; or

• provide an appropriate price reduction or refund if repair or replacement is impossible or disproportionate.

Replacement goods become the property of the Consumer upon delivery. Defective goods must be returned if reasonably requested.

10.9 Unfounded Complaints

If a complaint is demonstrably unfounded, reasonable investigation costs may be charged to the Consumer.

10.10 After Expiry of Commercial Warranty

After expiry of the commercial warranty period, repair or replacement services may be provided at the Consumer’s expense.

Statutory conformity rights remain unaffected.

Article 11 – Returns and Refunds (Non-Withdrawal Returns)

This article applies to returns outside the statutory right of withdrawal (Article 6).

11.1 Conditions for Return

Products may be returned within 14 days after receipt only if agreed or permitted under Article 6 (Right of Withdrawal).

Returned goods must be adequately packaged to prevent damage during transport.

The Consumer is liable only for diminished value resulting from handling beyond what is necessary to assess the nature and functioning of the goods.

Requiring unopened packaging shall not apply where this conflicts with statutory withdrawal rights.

11.2 Return Procedure

A return number may be obtained via the Consumer’s online account. Failure to obtain a return number does not invalidate statutory withdrawal rights.

11.3 Shipping Costs

Return shipping costs are borne by the Consumer unless otherwise agreed.

11.4 Refund

Refunds shall be processed within 14 days after receipt of returned goods or proof of return, whichever occurs first. Refunds will be made using the same payment method as the original transaction unless otherwise agreed.

11.5 Risk of Return

The Consumer bears the risk of return shipment until receipt by FotoFlits.

Article 12 – Rental Agreements

12.1 Formation

A rental agreement is concluded upon written acceptance by FotoFlits of a completed and signed rental form. The agreement applies exclusively to the equipment specified therein.

12.2 Duration and Rental Fee

The rental period and rental fee are as stated in the rental agreement.

12.3 Return Obligation

The renter must return the rented equipment at the agreed date, time and location.

Failure to return on time entitles FotoFlits to charge the daily rental rate for each day or part thereof that the equipment is overdue.

12.4 Cancellation

Cancellation up to 24 hours before the agreed rental period is free of charge.

Cancellation within 24 hours before commencement may result in a charge equal to one day’s rental fee.

12.5 Deposit

A security deposit may be required.
The deposit shall be refunded after return of the equipment, minus any outstanding costs or damages.

12.6 Care and Liability

The renter must:

• use the equipment carefully and as intended;
• protect it against damage or loss;
• immediately report damage, defects or loss;
• cooperate in insurance or damage claims.

In case of theft or serious damage, the renter must report the incident to local authorities and provide documentation.

Article 13 – Force Majeure

1. FotoFlits is not liable for failure to perform due to force majeure within the meaning of Dutch law.
2. Force majeure includes circumstances beyond reasonable control preventing performance.
3. During force majeure, obligations may be suspended.
4. If force majeure lasts longer than two months, either party may terminate the agreement without liability for damages.
5. Partial performance already rendered may be invoiced separately if it has independent value.

Article 14 – Governing Law and Disputes

1. All agreements and legal relationships between the Company and the other party shall be exclusively governed by Dutch law.
2. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
3. Disputes between the Company and a consumer shall be submitted to the competent court in accordance with mandatory statutory rules on jurisdiction.
4. Disputes with a business customer shall be exclusively submitted to the competent court in the district where the Company has its registered office, unless mandatory law provides otherwise.

Article 15 – Applicability in Government Contracts

1. If the other party is a governmental authority or public body and declares its own procurement or contract terms applicable, such terms shall prevail over these General Terms and Conditions unless expressly agreed otherwise in writing.
2. The performance of an agreement under other terms shall not constitute a waiver of the applicability of these General Terms and Conditions.
3. To the extent that provisions of these General Terms and Conditions do not conflict with the applicable government procurement terms, they shall apply additionally.
4. Any deviations or additions shall only be valid if agreed in writing in the agreement or order confirmation.

Article 16 – Discontinuation, Liquidation or Transfer of the Business

1. If FotoFlits B.V. decides to fully or partially discontinue, liquidate, wind up, or transfer its business, it shall be entitled to terminate ongoing agreements in writing, subject to a reasonable notice period, unless the nature of the agreement or mandatory statutory provisions provide otherwise.
2. To the extent that advance payments have been received for products or services not yet delivered at the time of termination, such amounts shall be refunded to the other party, unless the relevant obligations are expressly assumed in writing by a legal successor who continues performance of the agreement.
3. Discontinuation, liquidation, or transfer of the business shall not affect any statutory rights of consumers with respect to products already delivered, including rights relating to conformity and mandatory consumer protection under applicable law.
4. FotoFlits B.V. shall be entitled to transfer its rights and obligations under any agreement to a legal successor. The other party shall be informed thereof in writing in a timely manner. Such transfer shall not prejudice rights that cannot be excluded or limited under mandatory law.
5. In the event of bankruptcy, suspension of payments, or any similar insolvency proceeding, agreements shall be settled in accordance with the applicable statutory provisions, and rights and obligations may fall under the authority of the appointed bankruptcy trustee or insolvency administrator.
6. Any commercial warranties, service commitments, or additional contractual obligations that exceed statutory requirements may be discontinued upon termination of the business. Mandatory statutory obligations shall remain in force for as long as the legal entity exists or to the extent required under applicable law.
7. Except in cases of wilful misconduct or deliberate recklessness on the part of the managing directors, termination of the business shall not give rise to any additional liability beyond the total liability limits agreed between the parties under the applicable liability clause.