Terms of Service

Photoordering. ("Service" or "System"), is an internet-based photographic sales system operated by InFocus GbR. The Internet website provides access to the Photoordering System, and laid out below are the terms and conditions of use for the Service. The website may only be used in accordance with these terms.

The terms laid out below govern the relationship between you as a user ("you or user") and InFocus GbR. The website, and the services provided through the website, can only be used if you agree to these terms.

1. General Terms

1.0 Purchase Terms

These purchase terms ("Purchase Terms") comprise a binding contract between you as a user of the Photoordering Service and InFocus GbR for the purchase of photographic products (“Products”)

1.1 Legal Document

Please read these Purchase Terms carefully because they form a legal document. By submitting an order to the Photoordering system, you agree to be bound with InFocus GbR by these Purchase Terms. If you do not wish to accept these Purchase Terms, you should not submit an order.

1.2 Local Law

Those who choose to access this Service from any location outside Germany / Italy are solely responsible for compliance with Local Law if, and to the extent that, it is applicable. In this case, you agree that, by you agreeing to these Purchase Terms with InFocus GbR, you waive any consumer rights you have which are capable of being waived under your Local Law and that these Purchase Terms are the only terms and conditions that apply between you and InFocus GbR in respect of your use of the Service and the supply by InFocus GbR of your Products.

2. Purchase Terms

2.0 Display

By the display and description of this Service, InFocus GbR does not necessarily agree to process your order and supply your Products at the prices specified.

2.1 Binding Contract

These Purchase Terms will not form a binding contract between you and InFocus GbR for the purchase and supply of the Products, until the following conditions have been met:

a. You have submitted an offer to buy certain Products using the order facility provided; and

b. InFocus GbR notifies you by e-mail that your order for Products has been accepted and InFocus GbR agrees to supply the Products to you, provided that you have supplied InFocus GbR with an e-mail address for the reply. If you fill in the e-mail field when you make an order, you will receive a confirmation by e-mail. This should be immediate.

2.2 Loss or Damage

InFocus GbR will not be responsible for any consequential loss or damage, howsoever arising, as a result of a failure, refusal or inability by InFocus GbR to fulfil an order.

3. Price and Specification of Products

3.0 Prices and Taxes

InFocus GbR shall not be liable for any other sales taxes, customs or import duties or other taxes, which may be imposed on you by any relevant taxing authority. You are responsible for any such taxes.

3.1 Tax Free

InFocus GbR will provide products and services free of tax to the US Military. Once an order has been placed, and payment made, Photoordering. ("Service" or "System"), is an internet-based photographic sales system operated by InFocus GbR, ("we" or "us") The Internet website provides access to the Photoordering System, and laid out below are the terms and conditions of use for the Service. The website may only be used in accordance with these terms.

3.2 Change

All Purchase Prices and specifications of Products are subject to change without notice, except where InFocus GbR has accepted your order and agreed to deliver the Products to you in accordance with Clause 2.1.

3.3 Payment

The Purchase Price payable for Products must be paid in advance by a secure payment authorisation bureau chosen by InFocus GbR

InFocus GbR retain the right to check with your card provider and/or any credit reference agency or bank to confirm whether or not you are able to pay the Purchase Price. InFocus GbR has the right to refuse your order at their discretion.

4. Delivery of Products

4.0 Delivery

All Products will be delivered to you at the address given during the order process, within the service time frame specified, upon your order being accepted by InFocus GbR, pursuant to Clause 2.1 above, unless an alternative time frame is notified to you by InFocus GbR prior to the expiry of a 5 working day period.

4.1 Estimate

Notwithstanding Clause 4.0, the time of delivery is an estimate only and InFocus GbR, shall not be liable for any late delivery of the Products or any consequential loss or damage caused as a result.

5. Returns Policy

5.0 Returns

In the event that the Products are damaged or defective when you receive them, or do not match the description specified in the Service, you will be entitled to return the Products to InFocus GbR, within 14 days of receipt by you. In those circumstances, InFocus GbR, will either reprint the Products or provide a full refund of the Purchase Price.

5.1 Not Faulty

In the event that you return any Products to InFocus GbR, in accordance with Clause 5.0, and InFocus GbR, can demonstrate that they were not faulty when received by you, InFocus GbR, reserves the right to return the Products to you and to claim the cost of such return postage from you.

6. Duration of Purchase Terms and Termination

6.0 Duration

These Purchase Terms are binding upon you when you accept them in accordance with Clause 2 and they will remain in force until both parties have performed their obligations under these Purchase Terms or either party breaches its obligations under these Purchase Terms.

6.1 Termination

Termination in accordance with this Clause 6.0 shall not prejudice or affect any right of action or remedy, which shall have accrued or shall thereafter accrue to either party.

7. InFocus GbR Responsibilities

7.0 Security

InFocus GbR undertakes to use commercially reasonable endeavours to prevent breaches of security of the Service (including the credit card details provided by you when you submit an order for any Products), and to use reasonable endeavours to ensure that any InFocus GbR suppliers, subcontractors or agents comply with this Clause.

7.1 Response

InFocus GbR will use reasonable endeavours to respond to your order within the stated time.

7.2 'As Is'

The service is provided on an 'as is' and 'as available' basis, and InFocus GbR makes no representation or warranty that the Service offered will be accessible, or useable by you, or error free.

7.3 Suspend or Alter

InFocus GbR reserves the right, at its sole discretion, to suspend or alter the operation of the Service for legal, technical or any other reason. InFocus GbR will give as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible.

8. User's Responsibilities

8.0 Authorised Owner

You warrant that you are the proper authorised owner of the payment details of which you supply to InFocus GbR payment authorisation bureau when using the System.

8.1 Accurate Information

You warrant that all information given by you in your use of this Service is accurate and not misleading and that you will not use this Service:

a. for any fraudulent or illegal purposes
b. for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety. You agree that you will be liable for any action taken against InFocus GbR or against you in relation to such use; and
c. in a manner which constitutes a violation or infringement of any right of person, firm or company, including but not limited to, rights of copyright or confidentiality.

8.2 Personal Use

You confirm that all pictures purchased using the InFocus GbR Service are purchased strictly for your own personal use. If you wish to use any picture within the system for any other purpose, you agree to contact InFocus GbR to negotiate terms.

8.3 Copyright

You acknowledge and accept that all copyright, trademarks and all other intellectual property rights in any part of the Service or any material supplied as part of the Service belongs to InFocus GbR You agree not to remove any copyright, trademark or any other intellectual property notices contained in the original material and/or from any Products purchased through the service.

8.4 Indemnify

You agree to indemnify InFocus GbR against any claims, costs, expenses or legal proceedings caused as a result of your use of this Service in contravention of Clause 8.1. Further, in these circumstances, InFocus GbR shall be entitled to treat the contravention as a material breach of these Purchase Terms and terminate the Purchase Terms, cancel any pending orders for Products made by you and terminate any access permission granted to you by InFocus GbR forthwith, without notice to you.

8.5 Privacy

Personal data provided to InFocus GbR through this website or by other means, will only be used in accordance with our Privacy Notice. This Privacy Notice is incorporated into these Terms and Conditions by this reference.

If your use of our Services requires us to process personally identifiable information (“PII” or “Personal Data”) as your data processor, we shall only do so in accordance with the data controller’s instructions and the Data Processing Agreement. This agreement is incorporated into these Terms and Conditions.

9. Limitation of Liability

9.0 Limit of Liability

To the extent that InFocus GbR is deemed by a court of competent jurisdiction, to have any liability to you in relation to the Service or any Products supplied by InFocus GbR or InFocus GbR contractors, InFocus GbR entire liability shall be limited to €500 for any one incident or series of related incidents and up to €1,000 for all incidents in any period of 12 months.

9.1 Not Liable

InFocus GbR shall not be liable to you, other than through fraudulent or negligent misrepresentation, for:

a. any economic loss, including without limitation, loss of revenue, business, contracts, profits or anticipated savings;
b. any loss of goodwill or reputation;
c. any loss of data; or
d. any special, indirect or consequential loss.

10. Operation of the website

10.0 Changes

InFocus GbR may at its discretion change the format and content of the web site, or any products or services offered, at any time without notice.

10.1 Terminate

InFocus GbR may suspend or terminate the operation of this web site, or suspend or terminate provision of any products or services offered, for support, maintenance work, in order to update the content or for any other reason. InFocus GbR may do this at any time and without notice.

11. Notices

11.0 Legal Notices

You may send a legal notice to InFocus GbR, or any questions you may have concerning these Purchase Terms, by e-mail to info@infocusphotos.de, or by writing to InFocus GbR, at Vorstadt 8, 92249 Vilseck Germany. Such notices will be effective within 3 days of receipt by InFocus GbR

11.1 Give Notice

InFocus GbR may give notice to you by general notice on its web site, www.infocusphotos.de by e-mail to your e-mail address on record with InFocus GbR, or by post to the geographical address on record with InFocus GbR Such notice will be effective if sent by e-mail or posted on InFocus GbR web site, 3 days from the date it was sent or posted. If sent by regular post, it will be effective 3 days after posting by InFocus GbR

12. Third Parties

12.0 Third Party Rights

Nothing in these Purchase Terms shall confer on any third party any benefit or the right to enforce any term of this Agreement. For the avoidance of doubt, the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Purchase Terms.

13. General

13.0 Entire Agreement

These Purchase Terms form the entire agreement between you and InFocus and supersede any other oral or written communications, agreements or representations with respect to your use of this Service.

13.1 Change of Terms

InFocus reserves the right to add to or change the terms of these Purchase Terms in its sole discretion without prior notice. All changes to the Purchase Terms will be effective once posted on the Photoordering site. InFocus GbR will provide notice of the changes to the Purchase Terms for (30) days after posting the amended Purchase Terms on the Service.

Your continued use of the Service and submission of any order in accordance with Clause 2.1 above following InFocus GbR posting of such changes will be regarded by InFocus GbR as acceptance of the amended Purchase Terms. If you do not agree to be bound by the amended Purchase Terms, you should exit the Service and not access the Service or submit any orders for Products to InFocus GbR

13.2 Statutory Rights

Nothing in these Purchase Terms affects your statutory rights as a consumer.

13.3 Court Ruling

If any part of these Purchase Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these Purchase Terms will not be affected.

13.4 Beyond Control

If InFocus GbR is unable to perform any obligation under these Purchase Terms because of a matter beyond its reasonable control, including but not limited to; fire, flood, explosion, war, civil disorder, industrial disputes, whether or not involving its employees, or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of InFocus GbR, InFocus GbR will have no liability for failure to perform the Service.

13.5 At Own Risk

Your use of the Internet is solely at your own risk and subject to all applicable laws, and InFocus GbR has no responsibility for any information, software, services or other materials accessed or obtained by you using the Internet.

13.6 No Representation

InFocus GbR makes no representation that any Products purchased using the InFocus GbR service are appropriate for your use, or available, in any other locations.

13.7 Laws of Germany

These Purchase Terms are governed by the laws of Germany, and subject to the non-exclusive jurisdiction of the German Courts.

Last updated 15/07/24