TERMS OF SERVICE, USE & COPYRIGHT

Last Updated: 6. September 2022

Terms of Service

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service / Use and our Privacy Policy (on our site) herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.

You acknowledge and agree that:

General

This website (the “Site”) is owned and operated by Nordic Light Photo Tours (“COMPANY,” “we” or “us”). By using the Site, you agree to be bound by these Terms of Service that follow and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from COMPANY. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.

Intellectual Property Rights

Unless otherwise stated, all written content on this site is owned by Nordic Light Photo Tours and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal non-commercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorised by us. More specifically, you may not modify, copy, reproduce, republish, upload, post, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site without prior permission. You may, however, download, print, and/or share one copy of individual pages of the Site for non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Photography & Visual Images

The photos and images on Focus9 Photography are our own images unless otherwise noted. We occasionally use additional images from Creative Commons or from other artists with their permission. As noted above, we own full copyright for all our images and these may not be copied, modified, sold, or used in any manner without our written permission. If you are interested in using or purchasing licensing rights to photos or other media on this website or our social media channels, see the section - Pricing and Payment or contact us.

Price & Payment

The price and description of the product you may offer to purchase from us (“our product”) is described on our website. We may change our product and prices at any time without prior notice. Any description of our product including any specifications, illustrations, drawings, data, dimensions and weights is approximate and is given by way of identification only. The use of that description does not constitute a sale by description and does not form part of our contract with you unless we say so in writing. You are responsible for ensuring that the product ordered is suitable for its intended use by you and we are not liable to you for any product you order which is unsuitable for your intended use.

When you purchase the product(s), we will charge your Payment Card with the purchase price of our product.

The cost of delivering the product(s) is subject to additional changes and be charged to you based on your shipment location / country.

Countries outside of the European Union are exempt from VAT.  Countries inside the European Union are being charged VAT according to the VAT rules of Germany.

Delivery

Delivery takes place at the time our product reaches the delivery address given by you on your order and is signed for, where required, by you or another person at the address, when you collect the product or arrange for their collection from us or when ownership of our product has passed to you, whichever is earlier. Unless we make other arrangements with you, our product is delivered direct (by courier, registered mail or tracked mail) to the address expressed by you at the time you applied to purchase our product.

Delivery addresses cannot be changed once an order has been placed and the address verified by the payment processor you choose. We use STRIPE as our payment processor. In the event you want to change your delivery address after order confirmation, and we agree to change such address at your request, we cannot be held liable for any delay or loss. Any date for delivery indicated by us is an estimated date for delivery only. We are under no liability for any loss or damage, however it arises, if the product is not delivered by that date. Please note that due to the current situation around the world, delays of shipment are beyond our control.

At all times from the date of delivery, our product is at your risk of loss or damage and you are responsible for its safe custody.

Owing and reclaim

You do not own any of our products in your possession until all of our product you have purchased from us at any time and all other amounts owing by you to us have been paid for in full. We reserve the right to reclaim all amounts owing to us by you for any products you have purchased but have not paid for.

Order Cancellation

Orders can not be cancelled after you have received your purchasing confirmation. In the event there is an issue with the product, please contact us. Important is that you list order number, personal details, in order for us to track and verify your purchase.

Orders for prints, canvas prints, calendars or any other printed media cannot be cancelled. In the event you want to cancel your order, you must contact us to find out if the order has been placed and if we are able to cancel it. Prints, canvas prints, calendars and other printed media are produced to order and cannot be returned for a refund for any reason unless damaged in transit, in which case a replacement will be produced. In the very unlikely event that you are unhappy please contact us within 48 hours and we will do our best to address your concern.

Return/Refund

When you take delivery of our product, you must inspect it immediately. You must report to us in writing any shipping damage or incorrect supply which must be received by us within 7 days of delivery otherwise we may refuse any claim you make. If our product is damaged when we deliver it to you we may accept its return and replace it with an equivalent product or credit you with the price paid, at our option. We will accept the return of our product if the product is not in accordance with your order, with proof of purchase, and it is returned to us in its original condition within 7 days of delivery. We may charge you a handling or re-stocking fee of up to 15% for any product which we have correctly supplied to your order but you wish to return and we have agreed to the return of the product as long as it has not been opened or used. We may refuse to refund to you any order you wish to return if it was correctly supplied by us as per your order if it has been opened and cannot be re-stocked. You agree that you shall make no claim against us for any delay in delivery or any damaged product delivered to you as a direct or indirect result of events beyond our control. Where a product is returned to us when it is unwanted, or ordered in error, and we have agreed to accept a return, the return must be made at your own cost and should be using a tracked service for your protection. Any refunds will only be made after the item has been inspected and subject to the terms above.

Deep Sky Fast - We allow a 14 days return/refund policy as outlined in the section above.  To be clear: We only allow a return / refund when the product is damaged. We can not accept any return when you do not like the product. We are a small company and need to be careful with our expenses and intellectual property protection.

Printed Media - Are nor refundable after you have received the purchasing confirmation. As prints are custom made, the are not eligible for refund, unless a mistake has been made by our vendor.  Printed Media can be Prints, Canvas Prints, Calendars, and many more.

Digital Media - Are non refundable after you have received the link for downloading the product of purchase.  Digital Media can be Videos, Gif files, and many more.

Any freight and insurance costs to return the item to us are at your expense and must be using a suitable secure delivery method. You are responsible for the insurance of any item returned to us in any circumstance.

If any item/s is returned to us by post for manufacturer defects and the claim is subsequently found to be false or wrong, postage for the return of goods shall be borne by the customer and must be paid for before the item/s is returned.

Privacy

Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy on this site, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated on our site.

Accuracy

While we shall endeavour to ensure that all information on the Site is accurate, we cannot vouch that all information will be accurate and up-to-date at all times. The Site contains a large amount of data, and errors are likely to occur in tracking changes – for example, changes in dates and times of events.

We, therefore, do not accept any liability for error or omission with regards to the content of the Site. Should you find any inaccurate information on the Site, please inform us at nordiclightphoto@icloud.com and we shall correct it as soon as it is practicable to do so.

Part of this Site contains materials submitted to Focus9 Photography by Third Parties. It is the responsibility of these Third Parties to ensure that the materials submitted for inclusion on this Site comply with national and relevant foreign laws.

We cannot guarantee the accuracy or reliability of this material and hereby disclaim any responsibility for error, omission or inaccuracy in the material or for any misinterpretation, loss, disappointment, negligence or damage caused by reliance on any material contained within the Site.

We also cannot accept responsibility for any failure or alleged failure in the delivery of the services referred to herein, or in the event of bankruptcy, liquidation or cessation of trade of any company, individual or firm referred to herein. You are advised to check with the establishment concerned.

We accept no responsibility for the content of any Site to which a hypertext link from this Site exists. Such links are provided for your convenience on an ‘as is’ basis.

No Guarantees as to results

You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognise that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING IN OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS - SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

Termination and Access Restrictions

The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

DMCA Notices

All content on this website is created by me or I find my images via Creative Commons Licenses (if I don’t supply them myself) or get permission from the artist to use their work. I have the deepest respect for others’ rights in their work.

If you feel that your copyright rights have been violated, please send me a DMCA takedown notice and I’ll gladly remove it. You can send the notice to Nordiclightphoto@icloud.com or

Nordic Light Photo Tours - Burgstrasse 12 - 47877 WILLICH - Germany

with the following information:

– Your address, telephone number, and email address.

– A description of the copyrighted work that you claim has been infringed.

– A description of where the alleged infringing material is located.

– A statement by you that you have a good faith belief that the disputed use is not authorised by you, the copyright owner, its agent, or the law,

– An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.

– A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

- In the event the claim is valid, we work with in good faith to correct the infringement.

Force Majeure

Cancellation or alteration of any workshops, products by us due to situations out of our control will not result in liability to us or compensation to you. In such cases an alternative date or replacement will be offered and all efforts will be made to satisfy your requirements. Force Majeure means any event which we could not, even with all due care, foresee or avoid. Such events may include, (whether actual or threatened), war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, epidemics / pandemics and all similar events outside our control.

Workshops

For Photo Workshops we refer to the Terms & Conditions and Liability Waiver on this site.

GOVERNING LAW

These Terms shall be construed in accordance with and governed by the laws of Germany without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of Germany in all disputes arising out of or related to the use of the site.

CONTACT US

If you have questions or comments regarding the Terms of Service, Use and Copyright, you may reach us at:

Nordic Light Photo Tours

Burgstrasse 12

47877 WILLICH

NRW

GERMANY