Terms & Conditions

Scope

Welcome to LOMOGRAPHY. “We” means Lomographische GmbH, a Vienna-based limited liability company, duly incorporated and validly existing under Austrian Law, and registered with the commercial register of the Commercial Court of Vienna under EUID ATBRA.134784-000, and/or its affiliates. We provide Products and Services to you, subject to the following Terms & Conditions. If you visit or shop at lomography.com (or any “lomography” domain with a different top-level domain e.g. lomography.de), you accept these Terms & Conditions. “You” means you, the visitor, user of our Services, or buyer of our Products. These Terms & Conditions apply only to sales made to retail customers (consumers), outside their trade or profession. Please contact orders@lomography.com to learn about the terms and conditions applicable to wholesale or business buyers.

Lomography principles

Lomography is a registered trademark of the Lomographische GmbH (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 & Conditions are detailed below:

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 purchase 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 film twin packs, we are allowed to send 10 film single packs.

Prices

Our Prices are displayed in different currencies, 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 GmbH are responsible for any local import duties, customs fees, or taxes that may be charged. Shipping to Switzerland includes import duties and so does the “Drop Shipping” method for Thailand! 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 email if any items you order turn out to be unavailable or their delivery will be delayed due to any reasons. Prices are subject to change. We have the right to change prices at any time, without the need to inform you.

Discounts and Deals

Our sales promotions normally have an ending date, but we have the right to stop promotions at our sole discretion at any time, without stating reasons. Also all promotions end automatically when we run out of stock with a promoted item. That also applies to promotions we publish on social media or in newsletters.

Payment

Depending on your location we accept a selection of the following forms of payment: Visa Card, MasterCard, American Express, Diners Club, Giropay, Maestro, Click and Buy, Moneybookers, PayPal, SOFORT, iDeal and Cash on Delivery.

Shipping

If not stated otherwise, orders will be sent out one workday after they were placed. Depending on where your order is shipped to, delivery times and costs may vary and will be shown at checkout and on your order confirmation. We will send you a confirmation of shipment by email upon handover to the carrier, provided you have indicated an email address on the order form. Ownership and all risks pass to you upon delivery of the ordered Products.

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. If you are dissatisfied with your purchase, for whatever reason, you may return it for a full refund within 14 days of 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. Additionally, you are responsible for the shipping costs of your return. Please contact us before returning your order at help@lomography.com. FILM is excluded from returns. We may make exceptions – please contact us at help@lomography.com before returning your film order.

Warranty Claims

Immediately contact us at Customer-service for a warranty claim. We will reimburse you for return shipping charges only on items, which contain manufacturer defects. We may ask you to destroy a defective item instead of sending it back. Within two years from the purchase date, please contact us if there is a material defect in our cameras on our behalf. If the defect was present during the purchase, we will repair your Product for free. If a repair is not possible we have the right to exchange the defective item with an equivalent Product. If we cannot replace the items with an equivalent Product you´ll be refunded the purchase. For small, cosmetic defects we may agree on a price reduction and make a partial refund for your purchase. We are not responsible for damages not present during the purchase, eg. caused by incorrect use, handling, or abuse of the item. The damaged Product and invoice must accompany the return in order for us to process an exchange. Please also include a note stating the Product’s defect. Expired film is sold “as seen”, under the exclusion of guarantee, unless stated otherwise in the product description.

Copyright 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. 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. However, by submitting material to us, you automatically grant, or warrant that the owner of such material has expressly granted us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide. You hereby grant us the right to edit, copy, publish and distribute any such material made available by you.

The following is a non-exhaustive list of content that are not permitted on the Site:

  • Any use of content that is protected under intellectual property laws (such as copyrights) without the express permission of the author and the right holders.
  • Any discriminatory expressions, including expressions of bigotry, racism, sexism, homophobia, or hatred.
  • Any content that is perceived by us or members of our Community, as abusive, deceptive, profane, slanderous, offensive, or inappropriate, including pornography.
  • Any use of malicious software, or other content which may compromise our or any user’s IT security.
  • Any content that is not in compliance with the applicable laws, rules and regulations imposed by the appropriate authorities in the relevant jurisdictions.
  • Any content inconsistent with the values of the spirit of our Community.
  • Links that promote any of the above.

Our Duties

These Terms & Conditions set out the full extent of our obligations and liabilities in respect of the retail sales of the Products, performance of telephone support and warranty services and the performance of any other retail Services. There are no warranties, conditions or other terms that are binding to us regarding the supply of Products or the provision of Services except as expressly stated. 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 national consumer body 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. 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. 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 whatsoever arising and whether caused by tort (including negligence), breach of contract or otherwise. 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. You have statutory rights which are in addition to the rights set out in these Terms & Conditions, and information about these statutory rights may be obtained from national consumer bodies. No provisions of this clause affect your statutory rights as a consumer, and shall not prejudice the provisions of EU law where applicable. For EU consumer protection policies in English or your native language, including a list of national consumer bodies, please refer to the official websites of the European Union, such as ec.europa.eu/info/policies/consumers/

Rules for Online Conduct

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

  • Material that defames, abuses or threatens others.
  • Statements those are bigoted, hateful or racially offensive.
  • Material that advocates illegal activity.
  • Material that contains obscene content
  • Advertising or any form of commercial solicitation.
  • Personal data, including identifiable information such as faces, that is not compliant with applicable data protection regulations, especially the EU-GDPR 2016/679.
  • 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.
    Blocking of user materials

Any material protected by intellectual property laws may not be placed on the Site or the Community area without the express permission of the author and right holders. If we become aware of the presence of such intellectual property 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 intellectual property, 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 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 requested by us. Upon receipt, we will promptly forward the counter-notification to the party that claims to be the right holders. If that party then does not file suit to enjoin the alleged infringement, we will re-post or unblock the material.

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 any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained within the Site; or Losses or damages arising from the use of the content or services provided by the Site.

Termination of Service

We may terminate your Membership and any and all information, communications, postings, or Albums at any time, without notice, especially for conduct that violates these Terms & Conditions, 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. We will not compensate you in case of termination or deletion of your information, for whatever reason.

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.

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.

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.

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 affiliated companies 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.

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.

Postings on the Site

Although we may from time to time monitor or review transmissions such as discussions, chats, postings, and the like on the Site, we are under no general monitoring obligation. However this does not concern monitoring obligations in a specific case and does not affect orders by national authorities in accordance with national legislation. Upon obtaining awareness of illegal activity or information, wie will act expeditiously to remove or to disable access to the information.Thus we are not liable for the information stored at the request of a recipient of our services and assume no responsibility or liability arising from any illegal activity, information, or error. This includes, inter alia, defamation, libel, obscenity, profanity, or inaccuracy contained in any such information. You are prohibited from transmitting any illegal information, like threatening, defamatory, libellous, obscene, pornographic or profane information or commit any illegal activity that would be considered a criminal offense or give rise to civil liability, or otherwise does not comply with applicable laws, rules and regulations. 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.

Intellectual Property

One 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 & Conditions or in the text on the Site.

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 & 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 statutes.

Our Trademarks

We own the trademark rights for the brands LOMO and LOMOGRAPHY, among other intellectual properties. These trademarks and other marks indicated on our sites are either registered or unregistered trademarks of Lomographische GmbH. Our graphics, logos, page headers, button icons, scripts and service names are our trademarks or trade dresses. Our trademarks and trade dresses may not be used for any product or service without explicit written authorisation.

Warning

In case of any infringement of our rights, we are required to undertake any action necessary to immediately stop all infringement of our intellectual property and ask for full compensation, including damages, fees, and costs.

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. Please send your email to help@lomography.com.

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 the country where you have your habitual residence, provided that we pursued our activities in your country of habitual residence, or directed such activities to that country. Otherwise, the laws of the Republic of Austria apply without its conflict of laws principles, and Vienna shall be the exclusive legal venue. If you shop or use our services from within the USA, these Terms & Conditions shall be construed and interpreted under the laws of the State of New York without regard to its conflict of law rules and shall be enforceable exclusively in the federal and state courts in New York County, New York.

Contact

If you have any questions, please read our frequently asked questions before contacting us. Our most important mail address is: help@lomography.com. Please note that emails to European support will not be answered between Friday 5pm and Monday 10am C.E.T.

Europe
Lomographische GmbH
Kaiserstraße 34/12
1070 Vienna, Austria
Phone: +43-1-899440
Fax: +43-1-89944-22
info@lomography.com

Asia
Lomography Asia Pacific Ltd.
Flat B2, 6/F, Block B, Yee Lim Industrial Centre, No2-28 Kwai Lok St
Kwai Chung, Hong Kong
Phone: +852-2525 5417
Fax: +852-2525 5467
info@lomography.hk

USA
Lomography USA
68 Jay Street, Suite 415
Brooklyn, NY 11201, USA
Phone: +1-718-422-7581
Fax: +1-718-422-7583
usa@lomography.com

About Us

This website is a service of:

Company: Lomographische GmbH FN: FN 134784
Owner: Wolfgang Stranzinger, Sally Bibawy, Matthias Fiegl-Bibawy
Director: Sally Bibawy, Matthias Fiegl-Bibawy
Address: Kaiserstraße 34/12, 1070 Vienna
Email: info@lomography.com
Bank connection: Unicredit Bank & Austria
No.: 417105004
Bank Code: 12000
Tax number: 011/2947
VAT registration Number (UID): ATU39069903

Changes

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. Please read our privacy policy carefully, as it informs you on the major aspects of the data processing on our web site and is an integral part of our Terms & Conditions.