Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

Access to and use of this site are subject to the following terms and conditions and all applicable laws. Please review these terms and conditions on a periodic basis, as they are subject to modification, alteration, or update at any time and at the sole discretion of Koch Photography. If you do not agree to any term or condition, you should not use this site.

I. COPYRIGHT NOTICE.

II. TRADEMARKS NOTICE.

All products and company names referenced herein, may be the trademarks of their respective owners. Koch Photography does not authorize the use of any trade name, trademark, registered trademark, logo, or any copyrighted material referenced herein for any purpose whatsoever, including non-commercial applications.

III. RESTRICTIONS ON USE.

No permission is granted for use the materials, information, text or graphics, and/or to hyperlink other Web Sites with this Web Site, or to use the materials on your Web Site in any way or for any reason without prior specific authorization from Koch Photography.

Koch Photography reserves all rights not expressly granted herein.

IV. THIRD PARTY SITES.

Koch Photography may from time to time provide links and pointers to Internet sites maintained by third parties ("third party sites") and it may from time to time provide materials from third parties on this Web Site. These third party sites and any third party materials are provided for your convenience only. Koch Photography does not operate or control in any respect any information, products or services available on these third party sites and Koch Photography is not responsible for their content. Koch Photography makes no representations whatsoever concerning the content of these sites and the fact that Koch Photography has provided a link to such sites is NOT an endorsement, authorization, sponsorship, or affiliation by Koch Photography with respect to such sites, its services, the products displayed, its owners, or its providers. You access these sites at your own risk.

V. DISCLAIMER.

There are certain risks in using any information, software, or products found on the Internet; and Koch Photography cautions you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.

Visitors to this Web Site assume all responsibility and risk for the use of this Web Site. Information published on this Web Site is provided without charge as a convenience to visitors, to be used for informational purposes only.

ALTHOUGH REASONABLE CARE HAS BEEN TAKEN WITH REGARD TO THIS SITE'S CONTENT, Koch Photography DOES NOT WARRANT OR REPRESENT THAT THIS SITE'S CONTENT IS ACCURATE, COMPLETE, OR UP-TO-DATE, NOR DOES IT WARRANT OR REPRESENT THAT ACCESS TO AND USE OF THIS SITE OR THE SERVER WHICH MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE, AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES, POOR TRANSLATIONS OR TYPOGRAPHICAL ERRORS FOR WHICH Koch Photography ASSUMES NO RESPONSIBILITY.

ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS AVAILABLE ON THIRD PARTY SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Koch Photography DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

VI. PAYMENT CONDITIONS, PRICES, RESELLERS, DISCOUNTS, RETURNS.

Customers can either pay in advance for products or use the payment facilities offered through our website. Koch Photography will inform customers if a product is on back order or if additional time is needed to ensure the customer is the actual owner of a valid card. Products are shipped as soon as they are available and payment is received in full. Koch Photography may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Koch Photography makes no commitment to update the materials on the Site with respect to such products and services.

Companies servicing customers locally with a reasonable effort or integrating Koch Photography products into their offerings as value added retailer as well as educational institutions and educators may be granted discount vouchers if Koch Photography chooses to do so. Obtaining such discounts only entitles the reseller to obtain a reduced purchase price and he may be mentioned as a reseller on Koch Photography’s website. Koch Photography may stop granting a reseller such discounts and the mention on its website at any time. Being a reseller does not imply any additional rights granted by Koch Photography such as the right to obtain to obtain such discounts in the future, to obtain discounts for all Koch Photography products, sales exclusivity for a certain territory, sales commissions from sales to customers from a nearby location, re-imbursements for promotional activities, a right to resend demonstration equipment or obsolete items for credit, price protection on inventories etc. Koch Photography retains the right to sell to any customers directly through its web site at the published prices and to appoint suitable resellers at its own choosing anywhere at anytime.

Used products cannot be returned for credit. Faulty products with defects which are covered under warranty will be either repaired or replaced at Koch Photography’s choosing. Unused products in original packaging can be returned with the shipment paid for by the sender within 90 days of purchase, however a 25 % restocking fee will apply.

VII. International Shipping.

If you order products from this website and live outside of Switzerland, you will be responsible to pay for the shipping cost and you will be responsible for possible VAT, custom and import duty fees to your government, unless explicitly stated otherwise. Please be aware that most of our products require a connection to the mains power supply. Please make sure you order the appropriate cables for the countries you plan to use our products in.

VIII. LIMITATION OF LIABILITY AND PRODUCT WARRANTY.

Koch Photography is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or with respect to the material provided and/or contained on this site.

In no event shall Koch Photography be liable for any special, direct, indirect, incidental, or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, Koch Photography’s Acadalus Web Site.

Notwithstanding the above, in no event shall Koch Photography's total liability to you for any and all claims, damages, losses, and causes of action exceed the amounts paid to Koch Photography by you in connection with the transaction claimed by you to give rise to your claim.

The product warranty is 36 months after purchase for products which have been registered with Koch Photography at the website by actual users. Customers can send their products at their expense to Koch Photography after having received an RMA number for free repairs during that period, provided the defect was not caused by improper use (see product manual for the conditions for which the product was designed for) or normal wear (such as the exhaustion of batteries and else). Duties and VAT etc. on warranty return shipments are born by the customer. The warranty does not include advance-replacement of products.

IX. COMMUNICATIONS AND SUBMISSIONS.

All personal data transmitted to Koch Photography over the internet pursuant to placing an order, logging in or registering an account, such as name, e-mail address, physical address, telephone number and payment information, shall be treated as confidential information. Any communication or other materials which you submit to Koch Photography or this Web site (including, but not limited to, support questions via e-mail, or postings) relating to products, experiences, suggestions or other subject matter will be treated as non-confidential and non-proprietary Submissions. All Submissions made to public areas, such as user forums, FAQs, are not subject to our Privacy Policy.

You may post technical questions, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Koch Photography hereby reserves the right (but not the obligation) to remove or edit content for any reason at its sole discretion.

By transmitting or posting any Submissions to Koch Photography or to this Web site you grant Koch Photography and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use the content of such Submissions for any purpose, including, but not limited to, the rights to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant Koch Photography and its affiliates and sublicensees the right, at their sole discretion without obligation to do so, to use the name that you submit in connection with such content. You further agree that the license granted herein includes all of the rights to use or authorize the use of any ideas, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services incorporating such information.

You represent and warrant that you own or otherwise control all of the rights to the content of your Submissions; that the content is accurate; that use of the content you supply does not violate any terms of this User Agreement and will not cause injury to any person or entity; and that you will indemnify Koch Photography or its affiliates for all claims resulting from content you supply. You agree that neither Koch Photography nor its licensees will be liable to you for any use of any Submission. Koch Photography has the right but not the obligation to monitor and edit or remove any activity or content.

You acknowledge and agree that you are solely responsible for any Submissions you submit to Koch Photography or this Web site and further agree that you, not Koch Photography, have full responsibility for the content of any such Submissions, including their legality, reliability and appropriateness.

X. JURISDICTION AND CHOICE-OF-LAW.

Koch Photography operates this Web Site from its offices located in Schaffhausen, Switzerland. Koch Photography makes no representations that the materials in this site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.

This agreement, and any dispute, which arises from and out of this Web Site, shall be construed with the laws of the Kanton Schaffhausen and the Swiss Confederation. Any legal action regarding this agreement or this Web Site shall be brought to the appropriate courts within the city of Schaffhausen, Switzerland using the appropriate channels and by using this site you consent to personal jurisdiction within these courts.

XI. INQUIRIES.

If you have any questions regarding any portion of this Agreement, or if you wish to inquire, regarding rights of use not explicitly granted herein, please direct questions via email to info@koch-photography.com or by writing to Koch Photography, Fulachstrasse 18, 8200 Schaffhausen Switzerland or by calling +41 44 586 87 34. For product support, please consult your instruction manual, the acadalus.com support section or write to support@acadalus.com.

XII. TERMINATION.

Koch Photography or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Web Site. Koch Photography may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from this Web Site.

XIII. INTEGRATION.

This agreement constitutes the entire Agreement between you and Koch Photography and supercedes any prior oral or written arguments, understandings, or other communications between parties. This Agreement may not be modified except in writing signed by both you and an authorized signatory of Koch Photography.

XIV. OTHER.

The headings in this agreement are for reference purposes only and have no legal effect. If any portion of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall remain in effect.

One or more patents may apply to products offered on this Website.