General terms and conditions and legal notices
DEFINITIONS & ABBREVIATIONS
- GTC : General Terms and Conditions
- our website : www.caman.swiss, sales website of CameraTools Ltd (Switzerland), hereafter also referred to as “the Site”.
- the Vendor : CameraTools Ltd (Switzerland). Hereafter also referred to as “CameraTools”, “we” or “our”, or “us”.
- the Buyer : the person identified as the buyer in the order. Hereafter also referred to as “you”, “your”, “he”, “she”, “his”, “her” or “the Customer”.
The Buyer’s acceptance and payment of the order implies his/her compliance to these General Terms and Conditions in full. The internet sales contract is concluded between CameraTools and the Customer. The Customer acknowledges his legal capacity and competence to enter agreements with CameralTools and to be legally bound by the GTC available on our website www.caman.swiss.
The purchase contract between the Customer and CameraTools consists of the online order, the purchase confirmation and these General Terms and Conditions.
Whenever the GTC require a written statement, it should be made by post or email.
RIGHTS & OBLIGATIONS
CameraTools endeavours to provide the most precise and accurate information possible on the Site. Nevertheless, there may be errors which make delivering to the Customer, according to the information provided, impossible. The Customer accepts this condition and waives his right to sue CameraTools, which shall take all necessary steps to find the best possible solution.
We reserve the right to cancel an order if we run out of a product or when, more generally, we find ourselves incapable of honouring it. In that case, the Customer shall be informed of it and an alternative shall be provided whenever possible. The Customer has the right to accept the new offer or cancel his/her order.
CameraTools sends a final and binding order confirmation. Nevertheless, on the website, we reserve the right to typographical errors. Should the description or the price of a product on the website be erroneous, due to typing or input errors made by one of our employees or representatives, we reserve the right to correct, refuse or cancel, partly or entirely, orders containing such product(s).
The same applies to cases where the order has already been validated by a payment. If your account or card was already debited, CameraTools shall credit said amount to your account.
In case the Customer has purchased a product that comes with a user manual, such as the Caman system, he/she is informed to read it before using the product.
After the product is delivered Ex Works in Switzerland (Warehouse – La Conversion), the Customer shall be solely responsible for safely storing and maintaining it.
In the event of degradation, abnormal use or functioning issues attributable to improper handling or use other than provided for in the user manual, the Customer bears full responsibility for it and no action shall be taken against CameraTools.
As regards the Caman system, CameraTools sells it solely for its intended use, that is to hold and control any video camera with a remote jack for LANC remote controls. Any other use and action aiming at modifying the originally intended use, as well as any resulting damage, will be the sole responsibility of the Customer or the end user.
The Customer or the user shall ensure the material functions properly before using it. In the event of loss of profit due to a failure of the material, during the period covered by the warranty as well as after its expiration, CameraTools shall not assume any liability for any resulting damages.
CameraTools shall not assume any liability for claims of any kind made by third parties, or in the event of termination or interruption of service related to our products.
CHARACTERISTICS OF THE PRODUCTS
We value product quality, in particular handcrafted goods which are manufactured and assembled by hand in our workshop, such as the Caman system. Therefore, some products may have small marks or irregularities, often caused when removing the mould, which do not alter in any way their quality. We shall not accept any return of products on the basis of such marks.
We strive to guarantee the Customer that the appearance and colours of the products are faithfully reproduced. Some differences may be noticeable between the actual product and its image, in particular due to improvements made to the product or to the compressions of images for use on the Internet.
Therefore, all pictures, illustrations and 3D modelling on the website or in other media are not contractual. No returns will be accepted on grounds that there is a difference between the product and one of its visual representations.
Sale prices on the Site are indicated in Swiss francs (CHF), in euros (EUR), as well as in American dollars (USD).
CameraTools reserves the right to freely set the prices in each currency and to modify them without notice, based on the average change rate in effect. Any price difference between rates used by CameraTools and offical rates in force shall on no account be the subject of a claim or refund of the order.
Customers can place their order with CameraTools on the Site, by telephone or in writing (post, email). Each order is subject to these general conditions.
Every transaction made on the Site is considered to have been made in Switzerland and delivered Ex Works in Switzerland (Warehouse – La Conversion). Therefore,the prices displayed include the current Swiss VAT.
For Customers wishing to export the goods to another country, VAT can be recovered at customs at the time of export either by the carrier or the Customer.
If the event that the Customer chooses an agent for the handling of his order and for shipping overseas, the prices displayed shall be exclusive of Swiss VAT provided that the agent concerned warrants and undertakes to provide CameraTools with proof of export documentation.
DELIVERY OF GOODS
The delivery of the goods to the Customer shall only be possible once the order is confirmed to have been payed in its entirety.
All deliveries shall be made Ex Works (Warehouse – La Conversion).
Every shipment shall be the responsibility of the Customer, who can freely choose his carrier.
If the Customer chooses to entrust an agent with his/her order at the time of ordering, he/she acknowledges giving CameraTools, expressly and in his/her name, the right to communciate his/her contact details to the selected agent once the sales contract is concluded.
In this case, once the order has been placed, any modification linked to shipping shall be communicated directly to the agent.
CameraTools shall not be held liable for the relationship between the Customer and his/her agent, and declines all responsibility regarding the services of the latter.
Transfer of risks and benefits
CameraTools’ responsibility concerning the ordered goods shall end once they have left the warehouse in La Conversion.
From the moment the order is taken over by a carrier, a shipping service or a third party appointed by the Customer, the responsibility for the goods, the risks and benefits, shall be transferred to the Customer and CameraTools shall no longer be responsible for delivery times, or in the event of loss of a parcel or damage during transport.
Fees and taxes
All fees and taxes related to transport, export, and import are the sole responsibility of the Customer, Ex Works (EXW)
All taxes linked to exporting, customs clearance, importating into the country of destination, as well as any other taxes related to transport or the country of destination are not included in the sale price displayed and remain the sole responsibility of the Customer.
The Customer is solely responsible for taking all the necessary steps when importing goods into his/her territory, pursuant to any statuary law. He/she certifies being legally of age and having the right and power to order the product.
He/she certifies being well-informed and having ascertained that the information provided is accurate and that the order does not violate, directly or indirectly, any economic sanction or international embargo, or any provision of the law in force in the country of destination or residence.
Should the above provision not be respected, CameraTools declines all responsibility resulting from non-compliance.
RIGHT OF RETURN
Upen reception of the order, the Customer has 14 days to exercise his/her right of withdrawal to CameraTools Ltd without having to give any reasons or incurring penalities. The right of withdrawal is only applicable to unused products which are returned in their original packaging in perfect condition.
The right of withdrawal runs from the date the order was placed by the Customer.
In the event of returns within the deadline, once we have received and confirmed the product(s) is/are in good condition, their cost will be reimbursed to you minus the shipping cost if included. The Customer exclusively carries the cost of return.
After these 14 days, the Customer may not assert the exercise of his/her right of withdrawal.
CameraTools strives to guarantee impeccable production quality, in particular regarding materials and finish.
After the Ex Works delivery (Warehouse – La Conversion) of an order, the Customer has a 2-year warranty on parts and labor in case of defective product(s).
This 2-year warranty does not cover damage or degradation of product performance linked to any abnormal or inappropriate use of said product, in particular in the event the Customer has not read the User manual.
The Caman system being handcrafted, each and every part is unique and may present lines or small marks linked to the manufacturing and moulding process, which do not alter in any way product quality and which shall under no circumstances be the subject of any claims.
Return costs as well as shipping outside Switzerland after repair or exchange under warranty are the sole responsibility of the Customer.
Certain products, such as the Caman system require online services to be fully functional : product registration and activation, updates, etc.
For maintenance and updating purposes, CameraTools reserves the right to temporarily discontinue these services and its website at any given time.
Such cases, but also any interruption of our services resulting from network problems, from the host of these services or any other problem beyond our control, shall not give right to any compensation and shall under no circumstances be the subject of a claim or appeal.
PRIVACY & COOKIES POLICY
All payments are secure and CameraTools does not keep nor copy your payment data.
At the time of order, you may provide us with personal information which is necessary to process said order and to the trade relations between you and CameraTools. You are consenting to the data collected to be kept on our server, insofar as said data enables your transactions, as well as subsequent management, to be successfully carried.
Under art. 8 and 9 of the Swiss Federal Act on Data Protection of 19 June 1992, we inform you that your personal data is solely used by our services and that you are entitled to access, rectify, and have it removed.
To access your personal data, simply log into your Customer account on our website or make a written request by email or post.
Cookies are small files used by the majority of websites. They are essential to the use of the site and are stored on your computer by your browser, where they remain even after you close it, and allow for an enhanced user-experience. If, for example, you do not need to reselect your preferred language or re-log in on every page, or during future visits, it is thanks to cookies.
Here is a non-exhaustive list of the cookies being used by our website:
- Selected language
- Session settings, to remember whether you are logged in to your user account
- Consent to cookies, to know whether you saw the notification and whether you accepted it
- Cart contents
- Google Analytics, to manage site statistics
- MailChimp for newsletters management
- Facebook, LinkedIn and other social networks to communicate with you
At any time, you can delete the cookies which are stored for our website. Please refer to your browser documentation to learn how to delete them.
To optimize site management, we use partner services. In particular, we use Google Analytics to manage site statistics, as well as plugins for Facebook, LinkedIn and potentially other social networks to enhance communication with you.
We also use MailChimp services for our email communications, particularly for newsletters. Some of your personal data, such as your email address, may be transmitted to this service solely on your request or via our newsletter registration form. You can unsubscribe at any time thanks to the unsubscribe link found at the end of all of our newsletters.
When placing an order on our website, some of your personal data which is essential to carry out the transaction will be gathered from your user account and sent to payment services Paypal and PostFinance.
MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
CameraTools reserves the right to modify these general conditions at any time. Every order is subject to the version of the conditions in force at the time the contract is concluded.
APPLICABLE LAW AND PLACE OF JURIDICTION
We shall reserve title on the goods until full payment is made for the said goods.
These General Conditions, as well as all transactions between CameraTools and the Customer, are exclusively governed by Swiss law.
In the event of litigation, the dispute shall be settled by negotiation between both parties, or brought to mediation if the latter should fail. Should the latter fail, the competent place of jurisdiction shall be Canton de Vaud, in Switzerland.
In case of litigation, the French version of the present General Terms and Conditions shall prevail.
In the event that a provision of these conditions should prove to be totally or partially ineffective, or if a provision were to be omitted, the validity of the other provisions shall not be affected.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
Acceptance of the order is done at the time of payment. At this stage, the client acknowledges having read, understood and agreed to these general terms and conditions.
www.caman.swiss is the property of the Company :
CameraTools Ltd (Switzerland)
Route de la Conversion 271
1093 La Conversion s/ Lutry
|Ph. :||+41 21 324 13 24|
|Fed. No :||CH-550.1.053.901-3|