General Terms and Conditions of Sale & Legal Notices

DEFINITIONS & ABBREVIATIONS

• GTC : General Terms and Conditions of Sale & Legal Notices
• 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”.
• S Grip Pro or S Grip Pro+ : Caman control handle and its components (electronic module, rig and accessories).

GENERAL

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 S Grip Pro, he/she is informed to read it before using the product.
After reception of the product, the Customer shall be solely responsible for safely storing and maintaining it.

In the event of 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 S Grip Pro, 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 S Grip Pro. 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 photos and the actual product, 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

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. The Customer is made aware that in the event the rates used by CameraTools should differ from offical rates in force at the time of order, he/she shall – on no account – be entitled to make a claim or ask for a refund on that basis.

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.

VAT-exclusive prices

Prices indicated are inclusive of the Swiss VAT in effect for any order to Switzerland.

For any order outside of Switzerland, prices are displayed exclusive of VAT.

The prices dispayed include packaging and shipping costs. Taxes and any fees linked to importation into the country of destination, customs clearance, as well as any other taxes linked to either transportation or to the country of destination are not included in the displayed sale price and remain the sole responsibility of the Customer.

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.

From the time of payment of the order, CameraTools has a period of 30 days to deliver the goods to the address requested by the Customer, although the shipping time is generally 2 working days and the delivery time is 1-5 working days depending on the geographical area of destination. These deadlines may be subject to variations beyond our control which cannot be the subject of any compensation or request for reimbursement from CameraTools.

Unless otherwise requested by the Customer, delivery is made DAP (= Delivered At Place) by the partner carrier DHL. CameraTools takes care of the transport of the goods to the agreed delivery point, in the country of destination, insurance included.

Customs formalities, payment of duties and taxes due on importation and unloading of goods at destination are the responsibility of the Buyer.

Transfer of risks and benefits

The goods remain the property of CameraTools until the delivery point, after which the responsibility, the risks and the profits are transferred to the Customer.

Therefore, at the time of reception of the goods, the Customer must check the condition of the packaging and, in the event of visible damage, it is recommended that he/she refuse the goods and report it to CameralTools to organise a new delivery.

IMPORTATION

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.

WITHDRAWAL PERIOD

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, by sending a letter or email expressing unambiguously his/her desire to withdraw. Once the 14-day withdrawal period has expired, the Customer may not exercise his/her right of withdrawal.

The right of withdrawal is only applicable to unused products which are returned within 14 days following the withdrawal, in perfect condition and in their original unopened packaging.

All costs relating to the return of the goods (transportation, customs clearance, taxes relating to export and import) are the sole responsibility of the customer who remains responsible for the goods until their reception by CameraTools.

Once CameraTools has received the products, provided that they are returned within the deadline in their original unopened packaging, complete and in perfect condition, their cost will be reimbursed to the Customer within 14 working days.

In the event the product cannot be reimbursed using the payment method used by the Customer at the time of purchase, CameraTools shall contact the Customer and the 14-day deadline shall be suspended until CameraTools is given another method of reimbursement.

LIMITED WARRANTY

CameraTools strives to guarantee impeccable production quality, in particular regarding materials and finish.

That is why CameraTools grants a 2-year warranty starting on the date of order on its products (parts and labor) in case of manufacturing defaults or defective products.

This 2-year warranty does not cover :

• Normal wear and tear of the product ;
• Accessories, screws, keys and other consumables ;
• Any damage or degradation of product performance linked to a lack of maintenance, any abnormal or inappropriate use, in particular in the event the Customer has not read the User manual or if the use of the product contravenes the provisions of the latter ;
• Any alteration or modification made to the product by the Customer or third party without prior authorization from CameraTools ;
• Products whose serial number has been removed or modified ;
• Any product purchased from a non-authorized seller, dealer or reseller.

The S Grip Pro 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.

In the event of a return under warranty, CameraTools shall provide the Customer, at his request, with a return label for transportation support with his partner DHL. If the customer sends the goods himself/herself, at his/her own expense, these shall not be reimbursed by CameraTools.

Upon reception by CameraTools of a defective or faulty product during the warranty period, a diagnosis of the product will be performed within 2-4 weeks. In the event of a proven failure inherent in the product, it will be replaced if it cannot be repaired within a reasonable time, or refunded according to the Customer’s wishes. The conditions and delivery times of the product to the customer are identical to those of the order.

In the event of non-failure or failure linked to improper use or maintenance, the costs of diagnosis, repair and return to the Customer shall be entirely at his/her expense.

ONLINE SERVICES

Certain products, such as the S Grip Pro require online services to be fully functional : product registration and activation, downloading of software, updates, etc.

For maintenance and updating purposes, CameraTools reserves the right to temporarily discontinue these services and its website at any given time.

Any interruption of our services for maintenance purposes or 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

Payments

All payments are secured by the Swiss payment service provider PostFinance Checkout Flex and CameraTools does not keep nor copy your payment data.

Personal 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.

CameraTools also uses the services of MailChimp to send newsletters to its Customers. Should the Customer complete the newsletter subscription form, he/she accepts that, by validating it, this data is kept by CameraTools and transmitted to that partner, to be used for communication purposes by CameraTools in the form of newsletters.

Cookies

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, or during future visits, it is thanks to cookies which memorize your preferences.

We also use cookies for statistical purposes and to better communicate with you, on the website, on social networks or via our partner services.

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.

Partners

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

CameraTools shall reserve title on the goods until their full payment and until their delivery to the delivery point defined contractually.

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.

SAFEGUARD CLAUSE

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.

LEGAL NOTICES

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