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Welcome to LOMOGRAPHY. “We” means our company, the Lomographische AG, a Vienna-based stock corporation properly incorporated and validated under Austrian Law and registered with the commercial register of the Commercial Court of Vienna under 134784 m and/or its affiliates provide website features to you subject to the following conditions. If you visit or shop at lomography.com, you accept these conditions. “You” means you the visitor, user or buyer of our products.

For wholesales inquiries, please contact info@lomography.com to learn about wholesales terms and conditions.

Lomography principles

Lomography is a registered trademark of the Lomographische AG (corporation). Its websites are to present high quality analogue photography cameras, films, accessories and fashion to the world. In order to establish a fair and transparent business relationship from the very first moment, the following terms and conditions are detailed below

1. Placing your order

Your order represents an offer to us to purchase one or more products. Your order is accepted as soon as we ship the goods. You will then also receive an email confirming the shipment. The order confirmation email can be seen as a confirmation that we received your offer to buy our products. We have the right to make small adjustments to your order which affects not prices or quantity of products. E.g. When you order 5 Fuji Instax twin packs, we are allowed to send 10 Fuji Instax single packs.

2. Prices

"Our Prices,” are displayed in EUR, USD, or GBP depending on the selected region, and include the legal value added tax where applicable.

With the exception of all orders within the EU, all recipients of international shipments from Lomographische AG are responsible for any local import duties, customs fees, or taxes that may be charged. As with any international shipment, your local customs office may detain the merchandise and delay its arrival while accessing appropriate duty charges.

Availability information for the products in our shop is listed on each item's detail page. As we process your order, we will inform you by e-mail if any items you order turn out to be unavailable or their delivery will be delayed due to any reasons.

Whilst we always strive to provide accurate product and pricing information on the Lomography website, typographical errors may occasionally occur. Lomography reserves the right to cancel any stated offer and correct typographical errors, inaccuracies and omissions at any time during a transaction – This could include after an order has been submitted, after it has been confirmed and after you have been charged. In the event that an item has been listed at the wrong price, Lomography reserves the right to either refuse or cancel any orders placed for the item. These terms are at our sole discretion– We apologize wholeheartedly for any inconvenience caused by such typographical errors.

Prices are subject to change. We have the right to change prices at any time, without the need to inform you.

Lomography is running different sales promotions on its shop. Promotions normally have an ending date, but we have the right to stop all the promotions at any time without mentioning a reason. Also all promotions end, when we run out of stock with a promoted item. You have no right to claim for offers. That applies in particular for Coupon Codes and Vouchers which we have published on Social Media sites or our newsletters.

3. Payment

We accept the following forms of payment: Visa Card, MasterCard, American Express, Diners Club, Giropay, Maestro, Click and Buy, Moneybookers, PayPal and Cash on Delivery.
Please note that the Cash on Delivery service is only available within the European Union, Switzerland, but not in the United Kingdom. All orders will be charged for this service with EUR 20 in addition to the standard shipping charge. If you would like to avoid the COD charge, and do not have a credit card, then sign up for PayPal (www.paypal.com) to directly debit funds from your bank account. It's easy, fast, and secure.

4. Shipping

If not stated otherwise, all goods are in stock and all orders placed before 09.00 cet. will be sent out on same workday. Depending on where your order is shipped to, the following approximate delivery times and costs as shown on your Order Confirmation. Title to and risk of loss in your Products will pass to you on delivery of the Products to the address stated in your Order Confirmation. Upon delivery of the Products to our carrier we will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the Order Form.

5. Returns

Please before you return items, contact Customer-service for a return authorization of your purchase. This is absolutely necessary for correct processing of your return.

a. Dissatisfied with the product

14-Day, "No-Questions-Asked" Refunds If you are dissatisfied with your purchase, for whatever reason, you may return it for a full refund within 14 days of your receipt of the product. Unless it is defective, the item must be in unused re-saleable condition with all original packaging and documentation. You will be credited for your full purchase less our initial shipping charge. Additionally, you are responsible for the shipping costs of your return. In case of a justified complaint, we will of course refund the shipping fees on basis of the cheapest possible mode of shipment by standard post. Please contact us before returning your order and ask for your returning code.

b. Damaged goods

Immediately contact us at Customer-service for a return authorization. We will reimburse you for return shipping charges only on items, which contain manufacturer defects.
Within 2 years from the purchase date, please contact us if there is a material defect in our cameras on our behalf. If the defect was our fault, we will you repair your cameras for free. You have only to pay the return shipping charges. But we have the right to deliver you a similar product in exchange. Otherwise we can to withdraw from the contract or to request a price reduction.

We are not responsible for damages caused by incorrect use, handling, or abuse of the item.

The damaged item and invoice must accompany the return in order for us to process an exchange. Please also include a note stating the product's defect.

USED PRODUCTS: All the used products offered are carefully checked and therefore we are proud to sell them with an effective warranty for 6 months (if not stated different in the product description) from date of purchase. Both the product and invoice or receipt stating the date of purchase must be returned together.

The extent of warranty does not cover the removal of errors and additional expenditure, as far as they resulted from outside influences and operating errors.

ALL EXPIRED FILM is sold as seen and under exclusion of each guarantee, unless stated in the product description.

c. Manufacturer warranties

Most of the new items carried on our websites offer a substantial warranty period through the manufacturer. Please read the product specifications for information on a specific item.


6. Our Liability

a. These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products, performance of telephone support and warranty services and the performance of any Services.

b. Save as set out at clause below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Products or the provision of Services except as expressly stated in the Contract.

c. Depending on the country in which you reside, there are certain implied warranties and conditions primarily relating to the quality of the Product which we are required to make, and we make these implied warranties and conditions to the extent, we are required to do so. You should contact your local citizen’s advice bureau for more information about these requirements. If these implied warranties and conditions are not required to be made by us, we do not make them. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes unless you have made your purpose for the Product known to us.

d. In cases where you claim financial compensation under statute, we will seek to limit compensation to direct damages. If you are not entitled to financial compensation as a consumer under a statutory right, the provisions of clauses e. and f. shall apply. Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.

e. Subject to clause d. we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

f. Subject to clause d. our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) and/or Services in question.

g. You may have statutory rights which may be in addition to the rights set out in these Terms, and information about these statutory rights may be obtained from citizen advice organisations. No provisions of this clause affect your statutory rights as a consumer.

 

7. Export Control

Upon entering into a contract, you agree to comply with all Export Laws. You agree (i) not to export any Product to any country in contravention of any Export Law, and (ii) not to export any Product to any country for which an export licence or other governmental approval is required, without first obtaining all necessary licences or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.
Please note that import duties for countries not belonging to the European Union MAY be charged separately by your local customs authority. Depends if they check the consignment or not.

 

8. Community Rules

a. Price and Payment

Your Membership content and services are presently available FREE of charge, exclusive of Internet or other telecommunications fees.

b. Terms of Membership

Membership is available to anyone who provides required information, provides an accurate, legitimate electronic mail address, and obtains a unique Lomography Member Name and password. Membership is intended for personal use only and is non-transferable.
With regard to material you include in a public album, you grant a non-exclusive, world-wide, royalty free license to modify, publish and reproduce said material solely for the purpose of displaying, distributing and promoting “lomography.com”.
Please see the "Termination of Service" clause below for additional Membership information.

c. Member Album Guidelines

We provide Member Albums and the associated storage space in a dedicated Directory area as a service to you. We encourage the free exchange of ideas but have established the following parameters for you. Album building service and guidelines for any content placed on those pages.
We are not responsible for the content of any Member Album, and the views expressed in our Directory area are the responsibility of your postings and not ours. We do not review Albums in any way before they appear on the Member area of the Site. We reserve the right to remove any album from the Site.
We provide space for Member Albums but make no implied or express warranties about the reliability of these albums. We are not responsible for any damage caused by loss of access to, or deletion or alteration of Member albums; individual Members are responsible for monitoring and creating backups of their albums.
The following is a non-exclusive list of actions and content that are not permitted on the Site:

  1. Any use of copyrighted material without the express permission of the author or owner. With specific regard to issues of software piracy, please see our Addendum to the Terms of Service, on each album page.

  2. Any material that encroaches the rights of others, including expressions of bigotry, racism, or hatred.

  3. Any material that is perceived by us or members of our Community, as abusive, deceptive, profane, slanderous, offensive, or inappropriate, including pornography.

  4. Any use of material that contains viruses, corrupt files or other content which may compromise us or any user thereof.

  5. Any material that violates any laws or regulations of any governing body with jurisdiction over us and users.

  6. Any materials inconsistent with the values of the spirit of our Community.

  7. Adding links to your album that promotes any of the above.

It is our policy to report suspected illegal activities to law enforcement agencies and to cooperate fully with their investigations.

d. Rules for Online Conduct

The Member agrees not to include any electronic mail or postings that contain any of the following material:

  1. Material that defames abuses or threatens others.

  2. Statements those are bigoted, hateful or racially offensive.

  3. Material that advocates illegal activity.

  4. Material that contains obscene content.

  5. Advertising or any form of commercial solicitation.

Survey responses are reviewed before appearing on the Site. Chat and Message Board Postings are not reviewed prior to appearing on the Site. We reserve the right to edit, delete, or move any Postings.

 

e. Blocking of user materials

Any material protected by copyright may not be placed on the Site or the Community area without the express permission of the author or owner of the copyright on that material. If we become aware of the presence of copyright infringing material on its server either in the course of its ordinary and reasonable business activities, or through notification by a third-party who alerts us, through an appropriate notice as required under Copyright Law, of the specific location of the alleged presence of such materials, we will: - Promptly take down or block access to the allegedly infringing material; and - Contact the Member responsible for the album and alert him or her of the allegations of copyright infringement and of our take down or blocking of the allegedly infringing material.
If you believe that the removal or blocking of his or her material was a result of a mistake or a misidentification of the material, you shall provide us a counter notification establishing the Member's rights to display the material in question, as well as any other information shall request by us. Upon receipt, we will promptly forward the counter-notification to the party that claims to be the copyright owner. If that party then does not file suit to enjoin the alleged infringement, we will re-post or unblock the material within 10-14 business days.

 

f. Limitations of Liability

You specifically agree that we or third-party content providers are not liable for any conduct by Members associated with the Site, including, but not limited to, Member Albums, Member Profiles or message boards.
We and third-party content providers make no guarantee of the accuracy, correctness, or completeness of any information on the Site and are not responsible for

  1. any errors or omissions arising from the use of such information;

  2. any failures, delays, or interruptions in the delivery of any content or services contained within the Site; or

  3. Losses or damages arising from the use of the content or services provided by the Site.

 

g. Indemnity

You agree to indemnify us and any third-party information provider against any and all claims and expenses, including attorneys' fees, arising from the Member's use of the Site. This expressly includes:

  1. Your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and

  2. Any libellous or unlawful material contained within Member Albums, profiles, or Postings.

h. Termination of Service

We may terminate your Membership and any and all information, communications, postings, or Albums at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out by us elsewhere on the Site. We may terminate Membership and delete any and all information, communications, Postings, or Albums for online conduct that we believe is harmful to other Members, the business of us, or other third-party information providers.

 

9. Conditions of Use

a. General

This Agreement provides the condition governing the use of our Web Sites. By visiting our Website, you agree to use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed below.

b. Disclaimer of Warranty

We make no warranties or representations as to its accuracy and our specifically disclaims any liability or responsibility for any errors or omissions in the content on our Sites. Neither we and  our parent or affiliated companies, nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
You agree that the use of the Site is entirely at your own risk. Furthermore, neither we nor any third-party content provider makes any warranty with respect to any content, information, services, or products provided through or in conjunction with the Site.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

 

c. Features and Specifications

Features and specifications of products described or depicted on the Site are subject to change at any time without notice. Non-metric weights and measures are approximate.

d. Risk of Use

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

e. Use of your Ideas

If you send any communications or materials to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by us, our parent and/or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, we and our parent and affiliates are free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.

f. Links to/from other Sites

We are not responsible for the content of any site linked to or from the Site. Your linking to any other site is entirely at your own risk. While we may provide links on this Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. We disclaim all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.

g. Postings on the Site

Although we may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, we are under no obligation to do so and assume no responsibility or liability arising from the contents neither of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libellous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting such materials.

 

10. Our Intellectual Property

a. General

You should assume that all material on the Site is protected by copyright unless noted otherwise and may not be used except as permitted in these Terms and Conditions or in the text on the Site.

b. Ownership of Materials on Site

Materials displayed on the Site are either the property of, or used with permission by us. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statues.

c. Copyright Material

We respect the intellectual property of others, and require that its users do the same. Accordingly, you may not place any material protected by copyright anywhere on the Site without the express permission of the author or owner of the copyright in that material.
We will promptly take down or block access to infringing or allegedly infringing material on its servers if we become aware that such material infringe the copyright rights of a third party, whether we identify such infringement in the course of our ordinary and reasonable business activities, or through notification by a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, and appears on the Site, please contact us.

d. Our Trademarks

We own the worldwide trademark rights for the brands Lomo, Lomography, Lomographie, Lomographic, Pop9, Holga, Lubitel, Diana, Smena, Actionsampler, Supersampler and other marks indicated on our sites are trademarks or registered trademarks of Lomographischen AG. Our graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of us. Trademarks and trade dress may not be used in connection with any products or service that is not from us, in any manner that is likely to cause confusion among customers, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

 

e. Warning

In case of any infringement of our rights, our law firm has to undertake any action necessary to immediately stop all infringement of our intellectual property and ask for full compensation of the image damage and all fees for the use of its intellectual property.

 

11. Privacy

We sincerely guarantee taking the highest care in protecting the privacy of our customers. Please read this privacy policy carefully, as use of our site implies its consent.


12. Support/Customer Service

If you need any help or have any problems that cannot be solved by reading the FAQ, please don't hesitate to contact us directly at Customer-service.

 

13. Disagreements Governing Law and Jurisdiction

We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within your own country.

 

14. General

Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.

 

15. Contact

If you have any questions, please read our frequently asked questions before contacting us.

Our most important mail address is:
customerservice@lomography.com

Please note that emails to European support will not be answered between Friday 5pm and Monday 9am C.E.T.

Europe
Lomographische AG
Hollergasse 41
1150 Vienna, Austria
Tel +43-0-899440
Fax +43-1-89944-22

Asia
Lomography Asia Pacific Ltd.
G/F, No.2 Po Yan Street,
Sheung Wan, Hong Kong
Tel +852-2915-2205

USA
Lomography Corporation USA
41 W 8th Street
New York, NY 10011, USA
Phone: +1-212-529-4353
Phone: 1-888-576-LOMO (5666)
Fax: +1-212-529-4360

 

16. About us

This website is a service of
Company: Lomographische AG FN: FN 134784

Owner and Director:
Wolfgang Stranzinger, Sally Bibawy, Matthias Fiegl-Bibawy

Address: Hollergasse 41, 1150 Vienna

Email: info@lomography.com
Bank connection: Unicredit Bank & Austria
No.: 417105004
Bank Code: 12000
Tax number: 011/2947
VAT registration Number (UID): ATU39069903

 

17. Changes to Terms

We may at any time revise these Terms by updating this posting. Since you are bound by these Terms, you should therefore periodically visit this page.

 

Privacy policy

At Lomography we collect different types of information about our users for two main reasons:
1. To help us to monitor and improve the services we offer.
2. To provide personalised services unique to individual users.

 

1. Our principles

We are absolutely committed to protecting your privacy. Our policy can be summarised in one sentence:
We will not share your information with others without your prior consent.
We have also established the following principles:
1. We will continue to invest in high-quality security and do our utmost to protect user privacy through the appropriate use of the latest security technology.
2. We will respect your email privacy. You will not receive unsolicited marketing emails from LOMOGRAPHY and/or from third parties screened by us unless you have agreed to this. We will, however, email you occasionally with information or queries about your registration, your subscription account or postings, for example, with reminders, warnings or copyright requests.
3. We will not pass on any individual user details (including your email address) for third party use unless we have your prior consent.
4. We always ensure that contractors we use in connection with the running of the website and services (for example hosting providers) are subject to strict contractual obligations. They are only able to process data on our behalf and in accordance with our principles and instructions and not for any other independent purpose.

 

2. General

At the Lomography, we believe our online visitors have a right to know our practices regarding the information we may collect when you visit our Web sites and what type of information is collected. The guidelines contained herein apply only to your visit to the Web sites operated by or for Lomography and the entities it controls.
While we do not generally require that you provide us with personally identifiable information in order to visit and use the Lomography sites, please note that in order to participate in some activities, it will be necessary for you to provide this information. If you choose not to provide it for those activities, you may not be able to participate in them.

 

3. Privacy

We will never release the name or other personal information about a Member without the permission of that Member other than as required by law, but reserves the right to distribute aggregated demographic information provided by Members.
The exchange between us and the Member of information such as passwords or electronic mail may not be secure given the current state of the Internet. We encourage Members to change their passwords frequently.
Postings and other communications with us are not private and may be published and edited at the discretion of us unless specifically instructed otherwise.

 

4. Collection of Information

For each visitor to a our web sites, our web server automatically recognizes, collects and/or stores information such as the visitor's IP address/Domain name combination and any referring sites. Lomography may use several technologies to accomplish this.
We may ask you to provide "personal information", meaning individually identifiable information such as your email address, name, mailing address, telephone number, credit card number which is associated with individually identifiable information, to enable you to participate in contests, chat rooms, on bulletin boards, to fill out a registration, or to order products and services using these sites. Lomography may combine the information you provide on our Web sites with information we may collect offline from you so that we can more effectively tailor our site, services and offerings to you.
Unless you instruct us otherwise, we may contact you to provide information about products, services, promotions, contests, or other activities or offerings that may be of interest to you. You can instruct us whether or not you wish to be contacted by checking or unchecking the box in your registration process, or by clicking here and providing the requested information. In addition, with each communication you receive from us, you will be given the opportunity to indicate if you do not wish to receive future communications.
We will not share the personal information you provide on our web sites with any other parties, except (a) with your consent (see paragraph below), (b) as may be permitted or required by law or court order, (c) to persons or companies with whom Lomography contracts to carry out the operations of the site or our business, or (d) under exigent circumstances to protect the personal safety or property of our users, the public or ourselves.
By placing your Order, you agree and understand that we may store, process and use data collected from your Order Form for the purposes of processing your Order. Please note that we may also share such data globally within the Lomography group of companies.
We work with other companies that help us provide products and services to you. For example we may provide your information to these companies for the shipment of Products to you or to ensure that you benefit from special purchase discounts or terms. In addition, where you have requested finance in order to pay for the Products ordered, some of the information you provide to us will be passed to companies providing finance for your purchase.

 

5. Payments

All transactions are processed through 128-bit encryption. Your name, address, and credit card information cannot be viewed by anyone else and will be kept strictly confidential. We are a licensed corporation, and a verified PayPal account holder.

 

6. Changes to Privacy Policy

We may at any time revise these rules by updating this posting. Since you are bound by these rules, you should therefore periodically visit this page, by clicking the legal hyperlink at the bottom of our Sites, to review the then current rules.