Terms of service

Terms and Conditions of Sale and Delivery

These Terms and Conditions apply to purchases made from FOTOGRAFIT through www.fotografit.eu and www.fotografit.de.

The applicable Terms and Conditions are available on our website. When placing an order, you will receive an order confirmation containing information about your order.

Separate terms for business customers (B2B) are stated at the end of these Terms and Conditions.

Prices

Prices displayed for delivery within Denmark and the EU include applicable VAT unless otherwise stated.

For deliveries to destinations outside the EU, Danish/EU VAT may be deducted where applicable. The customer may instead be required to pay local VAT, import duties, customs charges and/or handling fees in the destination country.

For Norway, VAT may be collected by FOTOGRAFIT in accordance with applicable VOEC rules.

FOTOGRAFIT is not responsible for import duties, taxes, customs charges or handling fees imposed by authorities or carriers in the destination country unless expressly stated otherwise during checkout.

In the event of an obvious pricing error, typographical error or technical/system error, FOTOGRAFIT reserves the right to correct the error or cancel the affected order where permitted by applicable law.

Offers

Unless otherwise agreed in writing, quotations and individual offers from FOTOGRAFIT are valid for eight days.

An offer may become invalid if a manufacturer or supplier changes its prices before the order has been accepted.

Obvious pricing errors, typographical errors and similar manifest errors may be corrected.

Orders and Formation of Contract

An order placed through the FOTOGRAFIT website constitutes an offer from the customer to purchase the selected products.

The automatic order confirmation sent by email confirms that we have received the order. It does not necessarily constitute final acceptance of the order.

Unless otherwise expressly agreed, the purchase agreement becomes binding when FOTOGRAFIT accepts and processes the order for shipment.

FOTOGRAFIT reserves the right to reject or cancel orders affected by obvious pricing errors, technical errors, suspected fraud, payment problems or circumstances where the ordered product cannot reasonably be supplied, subject to applicable law.

Payment

Payment can be made using the payment methods offered during checkout, which may include Dankort, Visa, Visa/Dankort, Visa Electron, Mastercard, Maestro and PayPal.

For card payments, FOTOGRAFIT will normally charge the payment when the goods are shipped, unless another arrangement is permitted and has been clearly agreed.

Any fees charged directly by the customer's bank, card issuer or payment provider are outside FOTOGRAFIT's control.

Invoice Customers

Companies and institutions may, where offered and approved, purchase on invoice.

Additional payment conditions may apply to invoice customers.

Late Payment

For overdue B2B invoices, reminder fees and interest may be charged in accordance with applicable Danish law and the agreed payment terms.

Unpaid claims may be transferred for debt collection in accordance with applicable legislation.

Delivery

FOTOGRAFIT ships within Denmark and internationally.

Available shipping methods depend on the destination and may include PostNord, GLS, UPS or other carriers.

Customers may also collect orders from:

FOTOGRAFIT
Langdalsvej 46, hus 1,1
8220 Brabrand
Denmark

Collection must be arranged in advance by email at info@fotografit.eu.

Delivery Time

Normal delivery time is approximately 1–10 business days unless another delivery time is stated on the product page, during checkout or in the order correspondence.

If an order contains several products, FOTOGRAFIT will normally ship the order when all products are available unless partial delivery has been agreed.

Delivery times are estimates unless a specific delivery deadline has expressly been agreed.

International shipments may be delayed by carriers, customs authorities or other circumstances outside FOTOGRAFIT's direct control.

Customs and Import Charges

For deliveries outside the EU, the recipient may be required to pay local VAT, customs duties, import charges and carrier handling fees.

Unless expressly stated otherwise, such charges are the responsibility of the recipient.

FOTOGRAFIT has no control over charges imposed by foreign customs authorities, tax authorities or carriers.

Right of Withdrawal – Consumers

Consumers purchasing online normally have a statutory right to withdraw from the purchase within 14 days without giving a reason.

The withdrawal period normally begins on the day the consumer receives the goods.

To exercise the right of withdrawal, the consumer must clearly inform FOTOGRAFIT of the decision to withdraw before the 14-day period expires.

Notification may be sent to:

info@fotografit.eu

After notifying FOTOGRAFIT of the withdrawal, the goods must normally be returned without undue delay and no later than 14 days after the notification.

The customer is responsible for the direct cost of returning goods when exercising the right of withdrawal unless otherwise agreed or required by law.

Goods should be returned to:

FOTOGRAFIT
Langdalsvej 46, hus 1,1
8220 Brabrand
Denmark

The customer is responsible for the goods until they have been received by FOTOGRAFIT.

Condition of Returned Goods

A consumer may inspect and test a product to the extent reasonably necessary to determine its nature, characteristics and functionality.

If the product has been handled or used beyond what is necessary for such examination and this results in a reduction in value, FOTOGRAFIT may deduct the corresponding diminished value from the refund where permitted by applicable law.

For underwater equipment, actual use in water may result in substantial depreciation because the product can no longer necessarily be sold as new. The amount of any deduction will depend on the condition of the returned product and the circumstances of the individual case.

Customers are therefore strongly advised to inspect compatibility, fit, controls and general functionality before taking underwater equipment into the water.

Where possible, original packaging, accessories, manuals and other supplied items should be returned together with the product.

Refund Following Withdrawal

When a valid right of withdrawal is exercised, FOTOGRAFIT will refund payments as required by applicable consumer law.

FOTOGRAFIT may withhold the refund until the returned goods have been received or the customer has provided adequate documentation showing that the goods have been returned, where permitted by law.

Additional delivery costs resulting from the customer's choice of a more expensive delivery method than FOTOGRAFIT's standard delivery method are not necessarily refundable.

Simply refusing delivery or failing to collect a parcel does not in itself constitute valid notification that the consumer wishes to exercise the right of withdrawal.

Costs incurred because a parcel is refused or not collected may be deducted from the refund where legally permitted.

Complaints and Defective Products – Consumers

Consumers have a two-year statutory right to make a complaint regarding defects in accordance with applicable consumer law.

If a product is defective, damaged on arrival, incorrect or otherwise does not conform to the purchase agreement, the customer must notify FOTOGRAFIT within a reasonable time after discovering the issue.

A complaint made within two months after discovering the defect will always be considered to have been made within a reasonable time.

The statutory right to complain applies to defects for which FOTOGRAFIT is legally responsible.

It does not cover faults or damage resulting from circumstances such as normal wear and tear, accidents, misuse, incorrect assembly or installation, insufficient maintenance, modifications, impact damage, corrosion caused by improper maintenance, contamination of sealing surfaces, use outside the manufacturer's specifications or failure to follow the manufacturer's instructions.

If a complaint is justified, FOTOGRAFIT will provide the remedies required under applicable consumer law. Depending on the circumstances, this may include repair, replacement, price reduction or refund.

Where permitted by law, FOTOGRAFIT may have the opportunity to repair or replace a defective product before a refund or price reduction is provided.

Reasonable return shipping costs associated with a justified complaint will be covered by FOTOGRAFIT as required by applicable law.

Complaints should be submitted to:

info@fotografit.eu

Please include the order number and a description of the problem. Photographs or other documentation may be requested where relevant.

Underwater Equipment and Flooding

Underwater photographic, video and lighting equipment operates in an environment involving water, pressure, seals, O-rings and mechanical components. Correct assembly, inspection and maintenance are essential.

FOTOGRAFIT does not guarantee the watertight integrity of underwater equipment during use.

FOTOGRAFIT accepts no liability for flooding, water intrusion or resulting damage where the incident is caused by incorrect assembly, installation, maintenance or use, contamination or damage to sealing surfaces, incorrectly installed or damaged O-rings, ports, covers or other seals, use beyond specified depth ratings, modifications, impact damage, wear, or failure to follow the manufacturer's instructions.

Before use, the customer is responsible for inspecting the equipment and ensuring that all O-rings, seals, ports, covers and locking mechanisms are correctly installed, clean, undamaged and properly secured.

Where the equipment provides a vacuum leak detection or pressure-testing system, FOTOGRAFIT strongly recommends using this system before every dive in accordance with the manufacturer's instructions.

FOTOGRAFIT also strongly recommends testing underwater housings without a camera or other valuable equipment installed before first use and after servicing, replacement of seals or O-rings, changes to ports or other components affecting watertight integrity.

Cameras and Other Equipment Used Inside Underwater Products

Cameras, lenses, phones, memory cards, batteries, monitors and other equipment placed inside or used together with underwater housings or related underwater equipment are used at the customer's own risk, to the extent permitted by applicable law.

The value of equipment placed inside an underwater housing may substantially exceed the value of the housing itself. Customers should therefore consider appropriate insurance for cameras, lenses and other valuable equipment used underwater.

Nothing in these Terms and Conditions excludes or limits statutory consumer rights or any liability which cannot legally be excluded or limited.

Investigation of Flooding Claims

If an underwater housing or other sealed product floods and the customer believes the flooding resulted from a product defect, the customer should stop using the equipment and contact FOTOGRAFIT as soon as possible.

The equipment should not be repaired, disassembled, modified or otherwise altered beyond what is reasonably necessary to protect it from further damage before FOTOGRAFIT or the manufacturer has had a reasonable opportunity to inspect it.

Where possible, the customer should preserve relevant O-rings, seals, ports and other components in the condition they were in immediately after the incident.

FOTOGRAFIT may request information reasonably necessary to investigate the incident, including photographs, dive depth, equipment configuration, assembly details, maintenance history and information from any vacuum or leak detection system.

The purpose of such investigation is to determine, as far as reasonably possible, whether the incident resulted from a product defect, assembly, maintenance, use, accidental damage or another cause.

This provision does not limit any statutory rights of the customer.

Manufacturer Warranties

Some products may include a separate manufacturer's commercial warranty.

Such warranties are additional to, and do not replace or reduce, statutory consumer rights.

Manufacturer warranty conditions may require inspection or service through the manufacturer or an authorised service centre.

For consumer purchases, FOTOGRAFIT remains responsible for handling statutory complaints for which FOTOGRAFIT is legally responsible and will not require the consumer to pursue statutory rights directly against the manufacturer.

Force Majeure

FOTOGRAFIT will not be liable for delays or failure to perform obligations where performance is prevented or materially affected by circumstances outside FOTOGRAFIT's reasonable control, to the extent permitted by applicable law.

Such circumstances may include natural disasters, war, civil unrest, government intervention, labour disputes, transport disruption, major supply-chain disruption, failure of essential infrastructure or other comparable events beyond FOTOGRAFIT's reasonable control.

This provision does not limit mandatory consumer rights.

Complaints and Dispute Resolution

If you wish to complain about a purchase, please first contact:

FOTOGRAFIT
Email: info@fotografit.eu
Telephone: +45 7027 3015

We will attempt to resolve the matter directly with you.

If a consumer and FOTOGRAFIT are unable to resolve a dispute, the consumer may, where the conditions for doing so are met, submit a complaint through the relevant Danish consumer complaint system, including Nævnenes Hus / Mæglingsteamet for Forbrugerklager.

Nævnenes Hus
Toldboden 2
8800 Viborg
Denmark

Consumers residing in another EU/EEA country may also seek assistance from the relevant consumer dispute resolution or European Consumer Centre services available to them.

Applicable Law

FOTOGRAFIT is a Danish business and these Terms and Conditions are governed by Danish law unless mandatory consumer legislation applicable to the customer provides otherwise.

Nothing in these Terms and Conditions deprives a consumer of mandatory protection provided by the law that applies to the consumer.

Personal Data

Personal data is processed in accordance with FOTOGRAFIT's applicable Privacy Policy and relevant data protection legislation.

Business Customers (B2B)

The following provisions apply to purchases made by customers acting primarily for purposes relating to their trade, business, craft or profession.

Where a purchase is made primarily for private purposes, the consumer provisions above apply regardless of whether the customer also operates a business.

Purchases clearly made on behalf of a company, institution, dive centre, production company, university, organisation or other professional entity may be treated as B2B transactions.

B2B Warranty and Complaints

Unless otherwise agreed in writing, FOTOGRAFIT provides business customers with a 12-month commercial warranty from the date of delivery covering manufacturing defects.

The warranty is limited, at FOTOGRAFIT's discretion and subject to applicable law, to repair or replacement of the defective product.

The warranty does not cover normal wear and tear, consumable parts, batteries, O-rings, seals, corrosion resulting from improper care, incorrect assembly, insufficient maintenance, misuse, modifications, impact damage, use beyond specified limits or water intrusion resulting from circumstances other than a manufacturing defect.

Any manufacturer's warranty is provided subject to the manufacturer's applicable terms and may require service through an authorised service centre.

B2B Underwater Equipment

Business customers are responsible for ensuring that underwater equipment is correctly assembled, inspected, tested, maintained and operated in accordance with manufacturer instructions and applicable depth ratings.

FOTOGRAFIT accepts no liability for water intrusion or flooding resulting from incorrect assembly, installation, maintenance or operation, damaged or contaminated sealing surfaces, incorrectly fitted O-rings or seals, modifications, impact damage or use outside manufacturer specifications.

Limitation of B2B Liability

To the maximum extent permitted by applicable law, FOTOGRAFIT shall not be liable to business customers for indirect or consequential losses, including loss of profit, loss of revenue, loss of production, loss of use, business interruption, loss of data, images or video, or other consequential economic losses resulting from product failure.

Cameras, lenses, phones, memory cards, batteries and other equipment used inside or together with underwater equipment are used at the business customer's own commercial risk, except to the extent liability cannot legally be excluded or limited.

FOTOGRAFIT's liability is in all cases subject to mandatory applicable law.

B2B Disputes

Disputes relating exclusively to B2B transactions are governed by Danish law unless otherwise agreed in writing.

The parties should first attempt to resolve any dispute through direct negotiation.