Buy at Profoto.com
1. Scope and Parties
These terms and conditions (the “Terms”) shall apply between Profoto Aktiebolag, Reg. No. 556115-5838, a limited liability incorporated under the laws of Sweden (“Profoto”), and a Profoto customer (the “Customer”) when said Customer purchases any product, service, digital content or functionality offered from time to time by Profoto (the “Products”) on Profoto’s website www.profoto.com and/or its subdomains (the “Website”).
These Terms shall not be construed as to exclude or limit Profoto’s liability that cannot be limited or excluded under mandatory laws and in the event of conflict between these Terms and such mandatory laws, the mandatory laws shall always prevail.
2. General
Profoto only sells the Products to Customers who are a natural person or legal entity who is acting for purposes relating to its trade, business, craft or profession.
Products can be ordered in the Profoto Brand Store and the Profoto Academy, which are found on the Website (the “Webshop”). In the Profoto Brand Store, Profoto offers lights, light shaping tools and accessories for photography as well as extended warranties for certain Products. In the Profoto Academy, Profoto offers a series of online video courses. Products can also be ordered by using the Profoto Control Application. Such orders are redirected to the Webshop.
Information concerning the main characteristics of the Products, e.g. the purchase price (including taxes), delivery fees, time of delivery, functionality and usage rights, are displayed in the Webshop and in the Product specifications. In case of temporary promotions or price reductions, the current price will be displayed on the Webshop. Information on temporary promotions or price reductions only apply to a Product if the Product is currently in stock and is only valid for the time specified in the Webshop. Temporary promotions or price reductions cannot be combined.
Profoto does not guarantee that all content and information contained on the Webshop at all times will updated, completed and without errors. Profoto reserves the right to, at any time and without notice, change the content and information on the Webshop. Customer acknowledges that certain Products may not be available for use in all countries and without interruption.
3. Orders
By placing an order for Products, the Customer undertakes to pay to Profoto the purchase price for the relevant Product, including taxes and delivery fees, as applicable, which is specified on the Webshop when the Customer places an order for the Products.
The relevant person who is placing an order for the Customer’s account must be 18 years old and accept these Terms to order Products on the Webshop. By placing an order for Products, the Customer explicitly confirms to Profoto that (i) the person that places an order of the Products is authorised to represent the Customer and purchase the Products for the Customer’s account, (ii) the Customer is not a consumer, i.e. a natural person who is acting for purposes outside its trade, business, craft or profession, and (ii) the Customer is authorized to purchase and use the ordered Products, as well as have the Products delivered to its country of residence or chosen delivery location, including that Customer holds all necessary certificates, licenses and permits that may be required for the aforesaid purposes.
A legally binding purchase agreement is concluded between the Customer and Profoto when Profoto has confirmed the order and the Customer has received an order confirmation via e-mail. The order confirmation includes all relevant information regarding the order, including but not limited to these Terms and the estimated time of delivery. Profoto encourages the Customer to save the order confirmation for any future contacts with Profoto’s customer service regarding the order and the Product. All relevant sales information shall form an integral part of the purchase agreement and shall not be altered unless the parties have expressly agreed otherwise.
The Customer is entitled to cancel its order up until it has been confirmed by Profoto. Profoto reserves the right to in its sole discretion accept or reject an order for Products from a Customer. If the order is cancelled, Profoto will refund any payments already made by the Customer using the same means of payment as the Customer used for the initial payment, unless the Customer has expressly agreed otherwise. The foregoing is without prejudice to Customer’s right to withdraw from the purchase pursuant to Section 9 under these Terms.
When placing an order for Products in the Webshop, the Customer will be required to provide its e-mail address and additional personal data to Profoto in order for Profoto to fulfil its obligations under these terms. Profoto processes personal data pursuant to Section 10 below.
4. Prices, fees and payment
When placing an order for Products on the Webshop, the Customer will be able to choose from different payment methods and delivery options, which are subject to the Customer’s country of residence and the chosen delivery location. Delivery fees are subject to the chosen delivery option and the ordered Product and the aggregated delivery fees, including taxes and charges, will be displayed on the Webshop before the Customer places an order.
The prices displayed on the Webshop are the total prices quoted in the applicable currency based on the location Customer has selected, inclusive of taxes. Where the nature of the Product is such that the price cannot reasonably be calculated in advance, the Webshop displays the manner in which the price is to be calculated, as well as, where applicable, all additional freight, delivery or postal charges and other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may become payable by Customer.
5. Delivery
Products in stock are normally delivered within the number of working days set forth on the Webshop. The expected delivery time is set forth in the order confirmation, at the checkout and/or on the current product page on the Webshop. Notwithstanding the Customer’s right of withdrawal under Section 9 in these Terms, if a delivery is delayed for more than 30 working days and it is not due to a fault for which Customer is responsible, Customer is entitled to cancel the order.
If any package shall be picked up at a specific delivery point, the Customer shall do so within the time specified in the notification. Packages shall normally be retrieved personally with valid identification and order number. The Customer will receive a notification of delivery stating when and where the package shall be picked-up or received. The notification may be made by e-mail, ordinary mail and if the Customer has provided a mobile number, also by telephone or SMS.
Profoto reserves the right to deliver an order with partial delivery. The standard shipping fees are based on the total value and/or size and/or weight of merchandise shipped in a single shipment and the shipping address. Charges for expedited delivery, if applicable, are in addition to the standard shipping fee. Standard and expedited shipping fees will be displayed on the Webshop before the Customer places the order.
In the event the Customer has provided Profoto with incorrect delivery information when placing an order for Products and this has resulted in that the Product is delivered to the wrong address and thereafter returned to Profoto, the Customer is responsible for the payment of any additional delivery fees for returning the Product to Profoto. Customer is also responsible for paying any additional delivery fees in case of uncollected deliveries.
6. Courses
6.1 General
Courses offered in Profoto Academy are Products delivered in digital form and which are not supplied on a tangible medium (“Courses”). Following a purchase of a Course on the Webshop, the Courses are available for streaming in Profoto Academy.
In order to purchase and then access and use a Course, the Customer must first register a Profoto Academy account. By registering a Profoto Academy account the Customer shall accept the Terms of Use for Profoto Academy, which are found here: http://profoto.com/terms-of-use
The Courses will be available for 1 designated user within the Customer’s organisation (“Designated Users”). The Customer shall not be allowed to share its Profoto Academy account and/or the Courses with any other person other than the Designated Users.
When using the Courses, the Designated Users undertake to at all times comply with the Terms of Use for Profoto Academy and the Customer shall remain fully responsible for the Designated Users use of the Courses.
6.2 Access to the Courses in Profoto Academy
The Designated Users will be provided access to the Course after Profoto has received payment in full. Designated Users will have access to the Course 24 hours a day and 7 days a week for as long as Profoto makes the content available in Profoto Academy.
Profoto does not guarantee that the Website will be available at all times without errors and Profoto may from time to time perform technical updates of the Website. Hence, the Website may from time to time be put down for technical maintenance, whereas the Customer hereby explicitly confirm and agree that this shall not be considered a breach of these Terms by Profoto.
Profoto reserves the right to change and discontinue access to the Course subject to a notice period of 1 month. Profoto has no responsibility for a failure to make available purchased content, including the streaming services provided by third parties.
In case the Customer has purchased a right to send a photo or other materials to Profoto for evaluation and feed-back, this right is valid for no longer than one (1) year after date of the purchase and must be used within this period.
6.3 Profoto Academy viewing requirements
It is the Customer’s responsibility to obtain and maintain the proper hardware and software required to access the Courses in Profoto Academy.
Profoto Academy Courses are watched via video streaming. This requires the Customer to be connected to the internet. The minimum viable connection speed to reliably stream videos in the Courses is about 768 megabits per second. However, Profoto recommends a connection speed of at least 5 megabits per second for an optimal experience with HD capability.
Courses work on any browser that supports HTML5 (in the form of MP4 video with an h.264) and/or Adobe Flash. This includes the latest versions of most major browsers including Google Chrome (with auto-updates), Safari, Firefox (with auto-updates), IE9, 10, 11 and Microsoft Edge. It is the Customer’s responsibility to ensure that the browser is as up to date as possible.
Most mobile devices only support HTML5 playback, which is the default Profoto Academy video player for mobile devices. For media other than video (only viewable within the Course) a PDF reader is required.
6.4 Intellectual Property
All Courses and other content provided in the Webshop is the property of Profoto and protected by copyright and other applicable intellectual property right laws.
Subject to these Terms, the Customer is granted a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Course purchased by the Customer. The content may not be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without Profoto’s prior permission and the Customer may not allow anyone else other than the Designed Users to access the Course via the Customer’s account or similar. The right to access the Course is the Designated User’s personal right and the Designated User may not assign or share any of the rights with anyone else. Among other things, this means that the Designated User may not use the Courses commercially for educational purposes. The purchase of the Course is not a purchase of any software or content of the Course which the Designated User is given access to. Profoto reserves the right to terminate this license and the Designated Users access to the Course if Profoto becomes aware that they have violated these Terms.
The right to any images sent to Profoto Academy for feedback shall vest exclusively with the Customer. However, Profoto is granted a non-exclusive right to use and publish such images in Profoto’s own social media channels. In such case, Profoto undertakes to as required by applicable copyright laws publish the image together with the photo credits of the Customer and/or the photographer. However, Profoto undertakes not to use any such images for other commercial use or marketing material without the prior written consent of the Customer and the photograph.
6.5 Limitation of liability
Although Profoto aim at providing the Courses of the highest quality, Profoto does not accept any liability for any inaccuracy or misleading information provided in the Courses and any reliance by the Customer on any such information. The foregoing does not limit Profoto’s liability vis-à-vis Customer under applicable mandatory laws.
7. Warranty and complaints
Unless otherwise specified herein or in the relevant Product specification, the Products are subject to a warranty during a period of [X] years subject to the terms and conditions under these Terms (“Original Warranty”). The Customer may purchase an extended warranty for certain Products through the Webshop, meaning that Original Warranty is prolonged with an additional term and that the Customer will have the benefit of the Original Warranty for said additional term.
In the event a Customer experiences a problem with a Product that it has purchased, the Customer shall contact Profoto by using the contact details set out in Section 13. Once an order has been received, we advise the Customer to check that the content of the delivery is correct and that the Product(s) are free from visual defects. In the event of a defect in the Product(s), incorrect delivery or transport damage, the Customer is obligated to contact Profoto within fourteen (14) days after the defect was discovered or should have been discovered. Complaints of a product can be made via the contact information as indicated for complaints in Section 13 under these Terms.
To the extent not prohibited by mandatory law, Profoto disclaims all express or implied warranties or quality or fitness for a particular purpose or conditions. In no event will Profoto be liable for any loss of data, revenue or profit, or for any special, indirect, consequential, incidental or punitive damages, loss of business and reputation, however caused, arising out of or related to the use of or inability to use the Product, even if Profoto has been advised of the possibility of such damages. In no event will Profoto’s liability exceed the amount paid by Customer for the Product and Profoto will not be liable for any losses or damage incurred by any business, trade, craft or profession carried on by Customer or any other person using Products purchased hereunder.
8. Limitations of liability
Profoto’s maximum liability under these Terms is limited to an amount corresponding to the purchase price paid by the Customer for the relevant Product. In no event shall Profoto be liable for any indirect, incidental or consequential damage or losses caused by it hereunder, howsoever arising including lost time, loss of revenue, loss of profit, loss of goodwill, loss of anticipated savings or loss of any business opportunities of any kind. The limitations of liability set in this Section 8 shall not apply in respect of damages caused by gross negligence or wilful misconduct.
9. Right of withdrawal
9.1 Right of withdrawal
Unless explicitly otherwise set out herein, Customers have the right to cancel its order for Products within 14 days when purchasing Products in the Webshop (the “Withdrawal Period”). To exercise the right of withdrawal, the Customer shall inform Profoto thereof by using the contact information set out in Section 13. When Profoto has received the withdrawal notice, Profoto will confirm the receipt to the Customer.
The Withdrawal Period shall expire after 14 days from (i) in the case of the purchase of a Product which constitute a “service”, the date of the order confirmation, and (ii) in the case of the purchase of Products which constitutes “goods”, the day on which the Customer or a third party other than the carrier as indicated by the Customer acquires physical possession of the Product. In the case of multiple Products ordered by Customer in one order or in case a Product consists of multiple lots or pieces and delivered separately, the Withdrawal Period shall expire 14 days from the day on which the Customer or a third party other than the carrier as indicated by the Customer acquires physical possession of the last Product.
The Customer acknowledges and agrees that the Customer does not have a right to withdraw from the order of Courses pursuant to this Section 9.
9.2 Effects of exercising the right of withdrawal
Unless Profoto has offered to collect the Product, the Customer shall return the Products to Profoto or to a person authorised by Profoto to receive the Products, without undue delay and in no event not later than 14 days from the day on which the Customer communicated its decision to withdraw from the contract to Profoto as set out above (the “Return Period”).
The Return Period is met if the Customer has returned the Products before the Return Period has expired. To return the Products, please use the form and return slip included in the delivery. The Customer shall only bear the direct cost of returning the Products (i.e. standard delivery fees).
Customer shall be liable for diminished value of the Products which has resulted from the use of the Products. Customer shall not be liable for diminished value of the Products resulting from the handling of the Product to the extent it is necessary for the purpose of that the Customer shall be able to verify the nature, characteristics and functioning of the Products.
If the Customer exercises its right to withdraw the order, Profoto shall pay to the Customer all payments received from the Customer, excluding, if applicable, the costs of delivery, without undue delay. Profoto may withhold reimbursement until Profoto has received the Products. If the Customer’s use of the Products has resulted in a diminished value of the Products for which the Customer is liable in accordance with the above, Profoto will reduce the amount to be repaid to the Customer with an amount that corresponds to the diminished value of the relevant Product.
Profoto will carry out such reimbursement using the same means of payment as the Customer used for the initial payment, unless the Customer has expressly agreed otherwise.
10. Processing of personal data
Customers are required to provide certain personal data about themselves, such as name, address and e-mail when placing an order for Products on the Webshop. Profoto will process the Customer’s personal data as a controller and in accordance with the EU General Data Protection Regulation (2016/679) and applicable supplemental national data protection laws.
Further information regarding how Profoto processes personal data for the purpose of these Terms and the Customer’s rights with regards to this processing is set out in Profoto’s Privacy Policy (https://profoto.com/privacy-policy), which forms an integral part of these Terms.
11. Severability
In the event any provision of these Terms is wholly or partly invalid, the validity of these Terms as a whole shall not be affected and the remaining provisions of these Terms shall remain valid.
12. Amendments and updates
Profoto reserves the right to change and/or amend these Terms at any time without notice. Any changes to these Terms will be posted on the Website. Any changes are effective as of the date of publication on the Website or the Webshop and will apply to any new orders placed by the Customer following the date of publication.
13. Company details
Profoto Aktiebolag
Reg. No. 556115-5838
Box 1264
172 25 Sundbyberg
Sweden
Email: info@profoto.com
14. Governing law and disputes
These Terms and all orders for Products concluded pursuant to the terms and conditions hereunder are governed by the laws of Sweden, without regards to its conflict of laws principles. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
Any dispute, controversy or claim arising out of or in connection with the use of this Website, an order for Products or the breach, termination or invalidity thereof, shall, to the exclusion of other courts, be finally settled by a court in Sweden and at first instance shall be heard in the District Court of Stockholm (Stockholms tingsrätt).