Conditions d'utilisation
"Terms of Service" or "Terms"
The website panosociety.com, including but not limited to text, graphics or code and all related pages, collectively named "Pano Society" or formely "How To Shoot 360" or simply "shop", "website", "store" or "site" is operated by Jan Vrsinsky dba Pano Society or How To Shoot 360 or Jak fotit 360, Billing Address: E. Benese 1429/9, Hradec Kralove, 50012, Czech Republic - the "Supplier". Our contact address is: info(at)panosociety.com. Phone: +420792642694. We are registered for business in Czech Republic, business ID 66821231, EU VAT ID CZ7807243037. Throughout the site, the terms “we”, “us” and “our” refer to the Supplier. The Supplier offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. If the terms and conditions refer to "you", "your", "your" and/or reference the reader of these terms, it is assumed it references the buyer. The Terms and Conditions also govern the rights and obligations of the parties and other related legal relations in the use of shop and its website, information, tools, and services provided by the buyer. The provider is entitled to sell the goods on the basis of a trade license and is not subject to any other permissions. Inspection is carried out under its authority the Trade Licensing Office in Czech Republic.
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SECTION 1 - DELIVERY, PAYMENTS AND PRICING
ORDER DISPATCHING
* Orders are processed every business day
* Dispatch time is mentioned on each product page in the store (it can differ per product variant)
* Dispatch information applies only for immediate order of 1 item.
* Dispatch information is updated in real time when the page is loaded.
* There can be restock delay if ordering multiple items.
* The items are automatically reserved for you when we receive payment
* You agree that your special requests and customer-initiated modifications of your orders can delay dispatching of affected orders
SPECIAL SALES AND BLACK FRIDAY OFFERINGS
* Sale only applies to items to which discount code can be used
* We always give maximum priority and uninterrupted service to regular orders without discount. Motto: If you want to quickly get the order don't apply the special sale discount. If you want to best deal and can wait, use the discount.
* Special sales orders can be dispatched 3-4 business days after advertised availability
* Special sales never apply to software, bundles, used and refurbished items
* The special price applies only for orders fully paid while the special price is active (it is not enough to place the order, the order must be fully paid)
* Special sales discounts cannot be combined with any other kind of discount
* Maximum 1-2 items of the same kind per customer/address
PACKAGING AND INTENDED USAGE OF PRODUCTS
* Because of the nature of the sophistication of the products we sell all supplied materials with the product are the product itself. This might include but is not limited to spare parts, protective boxes, cases, bags, etc. All materials supplied without exception are intended for safe and dust-free continued permanent usage and storage of supplied products, their accessories and provided spare parts.
* All products we sell are not self-contained functional units and might require advanced set up, professional installation or combination with other products or third party products. Product photographs are for illustration purposes only and may sometimes differ from the actual appearance of the item.
SHIPPING COSTS
We offer a variety of options, from affordable to fast and express shipping to all serviced countries. You are always responsible for verifying your shipping costs before placing your order. You can evaluate shipping costs in the Step 2 of the checkout process. Shipping costs can be reviewed with no obligation before placing your order.
FREE SHIPPING
If free shipping is offered there could be some exceptions for which products or destinations it applies. These can include special products that are expensive to ship such as telescopic poles or similar or remote destinations such as islands.
DELIVERY TIMES ARE USUAL BUT NOT GUARANTEED
Dates shown will be fulfilled for "99% of orders" but are not guaranteed. We have a proven track record of happy customers and we only work with professional delivery companies with online tracking that are proven to deliver within days shown during checkout - most of the time.
DELAYED TRACKING
For standard shipping and mail shipping options it might take several days before your order receives a final tracking id in your country - this doesn't mean the order is lost or delayed - and we will still deliver it in the promised number of business days.
INTERNATIONAL MAIL
Due to popular demand of cheap shipping options we might offer international mail (the cheapest shipping option) for some countries. You accept that if the shipping option mentions that there is no tracking then no tracking is offered. You also agree that if the parcel is lost or delayed a refund is only possible after a proper investigation of the mail company which can take 2-3 months for international orders. For proper tracking, insurance and faster delivery please use a courier service which is always offered as well.
UNUSUAL DESTINATIONS
Delivery might take more days than indicated for orders shipped to unusual or remote destinations, for example small islands, remote destinations in Greece or Cyprus, Highlands in UK, remote destinations in the north of Sweden or Norway, the Azores, etc. As always, it should be noted that the delivery days are shown as a most probable estimate and are not guaranteed for absolutely all orders.
SECOND DELIVERY ATTEMPT
Two delivery attempts may be included in the shipping costs. Also if you provide your email address and phone number the delivery company may attempt to contact you before delivery and after failed delivery to determine next steps.
ONLINE TRACKING AND EMAIL/SMS NOTIFICATIONS
We will send you a notification email message after your order is dispatched. This message will contain a tracking number and a link that allows you to track your order. Express packages are always sent using a professional parcel service and they are fully insured, trackable and delivered door to door.
FAILED DELIVERY
You are responsible for all additional and return charges (if any) if a delivery is refused or unable to be delivered even after multiple attempts.
RECEIVING YOUR ITEMS
If a package is damaged upon delivery you should refuse to accept it and/or to file a complaint with the delivery person and take pictures of the package before opening it. Simply accepting the package implies that you confirm that it arrived in good condition. If you notice any damage upon opening the package file a complaint with the delivery company as soon as possible and take photos of the contents immediately. Then contact us as soon as possible with the complaint ID and all related information for further resolution of the issue.
You are responsible for checking the correctness of items received within 3 business days after receiving and to report any missing, mismatched or damaged items immediately after you find out. If you suspect the items were damaged during transport, take photos of the items and all the packaging immediately and follow the procedure above.
ACCEPTED PAYMENT METHODS
We only accept payments in Euros (EUR) and other displayed currencies. The final amount will be charged in your selected currency. We don't charge any conversion fees. The possible payment methods are presented in the "Step 2" of the order process.
PAYMENT: CREDIT AND DEBIT CARDS
We use a direct payment gateway through which you can use your Visa or MasterCard. We don't have access to your credit card data. Your payment is secure and safe and follows the Payment Card Industry Data Security Standard (PCI-DSS) thanks to our ecommerce provider. Items for your order are reserved when we receive your authorization of payment.
PAYMENT: BANK TRANSFER
You can also use bank transfer in EU/SEPA or international payment:
IBAN: LT96 3250 0741 9581 0404
BIC code/SWIFT: REVOLT21
Bank address: Avenue Louise 54, Room S52 Brussels 1050 Belgium
Payment info: Your order number (so we can match the payment with your order).
We must receive the full exact amount to process your order. For payments from outside of the EU please make sure we are not liable for any fees. Always pay only in EUR as target currency. We are not responsible for currency conversions. The items will be reserved for you and the final invoice will be generated when we receive your payment (not when you place your order). If you would like a guarantee that your items will be reserved for you after we receive your payment contact us before you send the payment to arrange that.
PAYMENT: BITCOIN
We accept sound money bitcoin to allow for cheaper, faster, permissionless, censorship-free, private and final transactions. We accept bitcoin and bitcoin lightning via a BTCPay Server.
PAYMENTS WITHOUT VAT (BUSINESSES IN EU WITH VAT ID)
If you are registered in Europe for VAT you can enjoy payment without VAT and your payment can be in reverse charge mode without VAT. It is your sole responsibility to understand and follow all related VAT laws and to properly report these payments in your tax reports. Email us with your billing information and VAT ID from the same email address as you will be using to place the order. We exclusively use European VIES for verification of your registration -http://ec.europa.eu/taxation_customs/vies/. Note that your billing address, payment source address and shipping address should match otherwise we might need additional documentation to process your order. Please check your VAT ID in this registry before contacting us. The final invoice will be issued in the reverse charge mode (without VAT). If everything is ok, we approve your email address. You can then proceed with your order, our system will automatically deduct VAT in the checkout. You can use any payment method.
PAYMENTS WITHOUT VAT (EU SPECIAL TERRITORIES)
If you are based in one of the EU special territories (e.g. Canaries, etc.) you can enjoy payment without VAT and your order will be treated as export from EU as per our Terms and as per EU's European Territorial Status Map laws. If you are being charged VAT during the checkout you need contact us before finishing your order. We can then activate an exception for your email address. After approval, you can finish your order without VAT. The final invoice will be issued as export from EU. Our system will automatically deduct VAT in the checkout. You can use any payment method.
PURCHASES ELIGIBLE FOR PAYING WITHOUT VAT WHEN VAT WAS CHARGED
If you are eligible for purchases without VAT but VAT is still charged in the payment preview due to error on your side or our side, or some other technical error or tax exception, you should contact us before payment. Note that if you contact us that VAT was charged inappropriately after your payment is processed we will only be able to refund you the VAT amount if you agree to pay a 5% administrative fee of the original payment amount which covers our credit card refund and government reporting costs. In that case you must contact us immediately (within the same business day) after the payment. No VAT refund shall be offered if you contact us later than the business day of the payment.
GIFT CARDS
When purchasing gift cards they can used after we process your order in 1-2 business days. Gift cards are delivered by email and contain instructions to redeem them at checkout. Expiration is 12 months. Gift cards must only be used for orders with the same billing and shipping country as they were originally issued and in the same currency. For gift cards purchased without VAT they must also be used for purchases without VAT. For gift cards purchased with VAT they can only be used for purchases with VAT. If you try to use a gift card for a transaction that is not allowed by these terms we might refuse the gift card as a form of payment.
EXPORTS TO OUTSIDE EU VAT ZONE ARE PROCESSED WITHOUT VAT AUTOMATICALLY
All prices exclude VAT unless stated otherwise. All prices shown as dual numbers are "without VAT / with VAT" where possible. If you are based in one of the third countries within Europe (e.g. UK, Norway, Switzerland) or outside of European Union space you can purchase without VAT automatically. Shipping, billing and payment source country must always match otherwise we will cancel your order.
Goods to UK: Due to new Brexit rules imposed by the UK government the minimum value of the items ordered to the UK is £135. If you have a VAT ID you can also order smaller orders.
Software to UK: Due to new Brexit rules you have to provide your UK VAT ID number if you order any software to the UK.
VAT ID in UK: If a VAT ID is needed for your order you can provide your UK VAT ID by contacting us before or after you place your order. If a VAT ID is needed for your order but you can't provide it contact us for options.
IMPORT RULES FOR EU COUNTRIES
We do not ship/deliver directly to EU countries. When you place your order to an EU country, the delivery cost charged is not direct delivery cost, but a cost to cover expenses that you are authorizing for a delivery cost of a 3rd party delivery service that will deliver the product to you on your behalf. You agree that you are authorizing an import of the order in your name to your country on your behalf. You are responsible for understanding all packaging-related laws in your country as we do not directly participate in the export/import process. No tax and no import/customs fees will be payable upon delivery. The 3rd party parcels are fully insured for lost and damage. All consumer protection laws are respected from our side.
CUSTOMS, IMPORT AND RETURN FEES FOR ORDERS OUTSIDE THE EUROPEAN UNION SINGLE MARKET SPACE (including but not limited to UK, Switzerland, and EU territories where VAT is not charged)
You are responsible for understanding and paying all VAT charges and customs fees determined by your territory or country, if any. Tax and customs fees might be payable to the delivery company upon delivery of items depending on your local law. Proper tax and custom documents will always be added to your package so the authorities can process the package properly in your country. The rule is that we pay shipping and all export fees to the shipping company so your package can be dispatched, except the costs related to import clearance and local taxes. You will be responsible and we assume no responsibility for all applicable import fees to be paid when the package arrives in your country such as custom duty, VAT and other related fees in (if any) and return fees in case of failed delivery. Please check your local authorities for details. Shipping might be delayed by the number of days the package spends in customs or during border checks. In the event you decide to return the order or if the order is not delivered due to failed delivery, you are responsible for all customs, VAT and other charges related to returning of the order. Goods customs description: Panoramic Heads, Rotators, Nadir adapter = 9006910000, All other photo accessories = 9006990000, Case if separate item on invoice = 4202929890, Poles = 9620001000, Shutter release cable = 8544429090. The exporter of the products covered by this document declares that, except where otherwise clearly indicated, these products are of China preferential origin.
PURCHASING VIA OUR SHOP
Buyer will create a legally bidding contract by accepting a proposal offered via the shop, in particular:
- Inserting the ordered goods to the electronic shopping cart
- Select method of payment of the purchase price and details of the desired method of delivery
Before concluding the purchase contract the buyer is allowed to check and change data inserted in the shop, even with regard to the be able to detect and correct errors during data entry into the shop. On the basis of registration by the buyer in the shop system the buyer can access their user account. From his account, the buyer can order goods. The data inserted in the order by the buyer are assumed to be correct by the supplier. The supplier will confirm the receipt of the purchase contract by electronic mail immediately after submission, to the electronic mail address entered by the buyer using the user interface when ordering (hereinafter referred to as "buyer's email"). These terms and conditions are an integral part of the purchase contract.
PRICE MATCH GUARANTEE
If you find a lower price on an item available in the same brand, condition, and stock availability, PanoSociety will match the retail price plus lowest shipping fees. When you are ready to place your order contact us before ordering, and we will help you to place an order with the adjusted price. We are unable to match prices from auction websites, membership or club websites, outlets, discount websites, unauthorized resellers, or fraudulent websites and offers. We also will not price match site-wide promotional discounts, sales, coupons, bundle offers or rebates. A price match cannot be combined with any other offer.
BEST PRICE GUARANTEE
If you find the price for an item you have purchased within the last 10 calendar days on PanoSociety has been reduced, you may contact us to request a credit gift coupon for the difference, as long as the item is still available for sale. If eligible, you will receive a credit gift coupon that you can use for a future order. We cannot apply discount codes or site-wide promotions offered after you make a purchase. A price guarantee cannot be combined with other offers or discounts, and cannot be applied to shipping costs. Other restrictions may apply.
MODIFICATIONS OF PRICES
The site shows items available for purchase and corresponding prices. Prices are shown with and without VAT. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Should an incorrect price have been displayed for any reason we reserve the right to cancel the order.
PAYING VAT FOR ORDERS FROM CZECHIA
Payments without VAT are only possible for cross-border payments. Since we are based in the Czechia you will always have to pay the full price with VAT if you are also based in the Czech Republic, even if you enter a correct VAT ID. Instead you can deduct the VAT amount in your tax returns.
OPERATING HOURS
Orders can be submitted 24 hours a day, 7 days a week.
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SECTION 2 - RETURNS AND ORDER CANCELLATIONS
THE PART IN WHICH WE TALK ABOUT WHAT HAPPENS IF SOMETHING GOES WRONG
CONTACT US IF THERE IS ANY PROBLEM
We politely ask you to contact us should you encounter any problem with your order, payment, delivery or warranty. We are able to resolve some problems without the need of sending anything back. You are not obliged to contact us upfront but it will lead to your quicker and greater satisfaction.
The Supplier announces that:
CONSUMERS IN EUROPEAN UNION HAVE THE RIGHT TO WITHDRAW FROM THE CONTRACT IN 14 DAYS FROM DATE OF DELIVERY OF GOODS
A customer who is a consumer within the European Union has the right to withdraw from the contract within fourteen (14) days of receipt of goods or its last part.
HOW TO WITHDRAW FROM THE CONTRACT
To withdraw from contract or communicate returns you need to contact us at info(at)panosociety.com and tell us what you are returning and why. You can also use a sample form to withdraw from contract:
Sample form to withdraw from contract (note that it's not necessary to use this form but in general it's a good idea to send us all information in the form to ensure proper withdrawal from the contract):
https://cdn.shopify.com/s/files/1/0220/4654/files/Withdraw_from_contract.pdf?v=1639338071
Always include your original order number in the message. Upon your contact we will evaluate your request and will confirm the receipt of your withdrawal and/or provide further instructions. A member of our staff will attend your case.
ADDRESS WHERE TO RETURN GOODS WHEN WITHDRAWING FROM CONTRACT
Upon withdrawal from the contract, you must send the goods to the mailing address sent to you by the supplier unless otherwise specified in these terms. This address might differ case by case depending on your physical location and the nature of the return situation. Exceptions apply in particular to situations in which the consumer is offered the reimbursement of the cost of the return transport, where the consumer has to follow instructions provided by the supplier.
FINAL SALES THAT CANNOT BE RETURNED
The sales are final for the following goods if they were delivered before the deadline for withdrawal: Gift cards; Downloadable software products; Any products that are customized based on your order; Any goods that are subject to rapid deterioration, wear and tear; Audio and video recordings and computer programs; Any consumable items that have been fully consumed.
OUR VOLUNTARY 30 DAY RETURN PERIOD
Our goal is our maximum customer satisfaction when buying from us. Because we know it might be difficult to choose over the web, we offer a voluntary 30 day return period for all customers for all eligible items. This voluntary period applies only to Nodal Ninja and Bushman products and does not apply to the Nodal Ninja Mecha products, software, special sales, refurbished, used products and any products mentioned in the "final sales that cannot be returned". Our voluntary return period is independent of the lawful return period for consumers in EU and does not limit the lawful return period. Our voluntary return period can be used by EU-customers, non-EU customers and business customers (inside or outside EU).
The voluntary return period cannot be used for orders of more than 2 items of the same kind (bulk orders) or for orders above 2000 EUR (amount without VAT).
The customer does not have the right for the shipping costs to be returned if the voluntary return period is used. We will not refund original shipping costs paid. If free shipping was used and the customer does not use the EU-lawful return period the real shipping cost will be deducted from refund.
The restock fee is 0% (zero) if the items are returned during the voluntary return period. The customer is responsible for all shipping costs and transport fees both ways if voluntary return period is used. If the items are returned later than 30 days from the date of shipping of the original order, there will be a 10% restock fee charged. No returns will be accepted if the items are returned later than 60 days from the original shipping date.
The items returned during the voluntary return period must not have been used at all (i.e. must be "as new"). In a case the returned items are not completely "as new" we will subtract the cost of changing the items to their original condition from the refunded amount or provide discount (amount determined by us).
BUSINESS CUSTOMERS
A buyer who is not a consumer (i.e. an entrepreneur or a legal person, hereinafter referred to as "business customer") who buys goods or services for their business or in their business name, are subject to these conditions to the extent to which it relates to the law, and the Commercial Code in Czech Republic. If you are a business customer you are not satisfied with your purchase, you cannot simply withdraw from contract as a consumer in EU. Business customers can use our voluntary 30 day return period instead.
NON-EU CUSTOMERS
A buyer who is not a consumer in European Union (EU) (i.e. customer purchasing from outside of EU, hereinafter referred to as "Non-EU customer") and is not satisfied with the purchase cannot simply withdraw from contract as a consumer in EU. Non-EU customers can use our voluntary 30 day period for returning instead.
THE RIGHT OF SUPPLIER FOR TERMINATION OF CONTRACT
In cases where the customer in European Union in accordance with § 1829 paragraph. 1 of the Civil Code has the right to withdraw from the contract, the seller is also entitled at any time withdraw from the contract, up to the time of receipt of goods by the customer. In this case, the seller is obligated to return the purchase price paid, without undue delay, using the original payment method.
COMMUNICATION DURING RETURNING AND REFUNDING
If a return related to warranty or our error is necessary we will send you further instructions and/or we will organize the delivery. In all other cases it is much recommended and appreciated if you contact us upfront before a return. While you are not required to do so it will ultimately lead to better and faster resolution of your situation. Consumers in EU must deliver the goods to supplier no later than fourteen (14) days from the withdrawal of the contract. The supplier will issue refund within 14 days of receipt of your cancellation, but the refunding can be delayed if the supplier haven't received the goods from consumer or sufficient evidence that consumer sent them.
CONDITION OF RETURNED ITEMS
The provisions of the withdrawal from the contract are not possible to be understood as a possibility of free loan of items but as a way to learn about the items as if purchased in a physical store. The intensity of this learning after a delivery of the items is expected to be similar to the expected intensity of learning in a physical store. In a case of withdrawal from the contract the items should be returned to the supplier undamaged, in clean condition and, if possible, in the original packaging, in the condition and value as when received and they should be with no scratches or obvious marks or signs of use. If this is no longer possible (eg in the meantime the items were damaged, lost, destroyed or consumed), the seller may claim reduction of value from the consumer and deduct this claim against returned purchase price and thus return to the consumer such a reduced purchase price corresponding to the portion of the value that was not returned. The applicable amount deducted is determined by us by the cost of returning of the products to the original condition. The consumer is especially responsible to the supplier for a loss of the value of the items that was caused by unnecessary, careless or reckless handling with regard to the nature and properties of the items.
RETURN SHIPPING COSTS
The customer is solely responsible for shipping, handling, insurance fees and items damaged during transport during returning any item when withdrawing from contract. We recommend properly packaging the items returned and choosing a reliable shipping company with track&trace feature and proper insurance.
PROCESSING RETURNS AND REFUNDING
Once your return is received and we inspect your package, we will send you an email to notify you of the approval or rejection of your refund and/or we might ask for more information via email. If you are approved, then your refund will be processed, and/or a new replacement item will be sent, depending on your choice and our approval. Refunds will then be automatically applied to your credit card or original method of payment, within 2 weeks of the withdrawal from the contract.
REFUNDS
If a refund is approved by the Supplier, the payment shall be returned to the consumer within 14 days after withdrawing from the contract, using the original form of payment, but no sooner than the goods are returned.
We are not responsible for currency conversion and other fees related to refunds.
If you are a consumer in EU and you have withdrawn from the contract and returned the items as per these terms, you are also entitled for a refund of the cheapest possible cost of shipping of your order.
LATE OR MISSING REFUNDS
If you haven’t received a refund yet, first check with your bank or credit card company. PayPal refunds happen immediately but it may take some several weeks before your refund is officially posted on your bank account or credit card (if applicable). If your refund is still missing try contacting us at info(at)panosociety.com.
GIFTS
If the goods are supplied with gifts or free items, the contract is concluded with a condition that the gift donation agreement shall expire when the buyer consumer decides to withdraw from the purchase agreement. In the event that gifts are not returned it will be considered as unjust enrichment of the buyer and the provider is entitled to a cash payment in the amount of the normal price.
Gifts that do not need to be returned: e.g. little chocolates. :)
DISCOUNTED SETS
If the order contains discounted items and the buyer insists on a refund of just a part of the order, the product purchase agreement is concluded with a condition that the purchase agreement is amended when the buyer consumer decides to withdraw from a part of the purchase agreement, as if the rest of the items order (if any) were purchased separately by the buyer consumer. Correspondingly, the price of the remaining items will be reflected in the calculation of the refunded amount.
ITEMS THAT CANNOT BE RETURNED AND REFUNDED
The customer cannot cancel the purchase agreement, nor demand replacement, if they are unable to return the item in the original condition. This does not apply in these situations:
(a) The change of condition occurred due to inspection of the item
(b) The change of condition was caused by using the item before the problem was discovered
(c) The change of condition was not caused by act of the customer nor their negligence
(d) The item was sold or consumed before discovering the problem or changed due to normal use
In a case the above happened only partially the consumer shall return everything they can and the supplier shall refund the amount less any benefit the consumer has gained. In a case the problem was not reported soon enough according to the terms the consumer shall lose their right to cancel the purchase agreement.
THE COSTS OF WITHDRAWING FROM CONTRACT
All related costs of returning the purchased items shall be paid by the consumer.
INVOICES AND RELATED DOCUMENTS
The purchase contract and all related tax documents are stored in an electronic archive of the supplier. Customers registered in the shop can access their past orders in their account. A copy of the order shall be emailed to the customer after submitting an order. To protect the environment we send invoices automatically after payment as EU laws-compliant PDF via email. If you don't receive your invoice in 24 hours from the date of fulfilling your order it could be for a technical reason (spam filter, typo in email address, etc.). In that case do not hesitate to contact us and we will resend it to you.
MANUALS
The products we sell are intended as specialized photography equipment. We don’t attach manuals to shipments to protect the environment. Some of the Nodal Ninja manuals have tens of pages of double-sided print or are videos which would be impossible or impractical to print. Instead you can find all the manuals online. Let us know if anything is not clear and we’ll gladly help. The manuals are here.
COMPLAINTS
If the consumer has a complaint, they can contact our sales department for Trading Standards Condition at suport(at)panosociety.com, or contact respective authorities of their home country.
RETURNS OF ITEMS NOT MATCHING YOUR ORDER
We'll pay the return shipping costs or we will offer an interesting discount from your order if the return is a result of our error (you received an incorrect or defective item, etc.) You are always obliged to return items that you receive in error but we will pay return costs. Return must be done using the cheapest shipping method possible or using our own carrier (we decide). If you notice that the item received does not match your order or is defective contact us as soon as possible but no later than 7 days after receipt to be eligible for discount or refund.
LEGAL WARRANTY AND RESPONSIBILITY FOR DEFECTS
Unless the goods are perishable or used, the supplier is responsible for defects which appear as a contradiction with the contract after receipt of the goods within the warranty period (warranty). The rights of the customer arising from supplier's liability for defects, including the supplier's warranty, can be exercised with the supplier. The rights and obligations of the parties regarding the liability of the supplier's liability, including liability of the guarantee shall be governed by the relevant legislation (in particular the provisions of the EU e-commerce laws). The supplier is responsible to the customer that the goods are sold in accordance with the contract, and that they are free of defects. Conformity with the contract means that the goods sold have the quality and properties required by the contract, advertised by the supplier or the manufacturer or their representative, and that the quality and characteristics of the goods meets the requirements of legislation, is in the advertised quantity, measure or weight which corresponds to a purpose which the supplier advertises the goods or for which the goods are usually used. All items sold are covered by 2 years warranty (1 year for Non-EU customers and entrepreneurs) against hidden manufacturer defects from the date of purchase except where stated otherwise. The warranty does not cover damage from external source such as fall, accident, extensive stress, abnormal use, user modifications and storing or operating in poor conditions.
SERVICE LIFE AND CONSUMABLES
If the subject of purchase is consumables (e.g. battery, Mecha motor gear, knobs, washers, springs, carbon fiber poles, lighting, etc.) or if the consumables are part of the purchased goods, the warranty to service life of these consumables is 6 months. This does not affect the customer's right to claim the goods within the whole statutory warranty period. However, the customer must take the service life into account, as the warranty does not cover wear and tear caused by normal use of the consumable item and cannot be confused with the life of the whole product. The service life of the goods represents the susceptibility to wear caused by normal use. If you use the consumables for longer than the normal service life, it is probable that the resulting defect is the result of normal wear and tear. This does not exclude the possibility that the situation is still covered by warranty.
NODAL NINJA / FANOTEC FACTORY WARRANTY
Nodal Ninja/Fanotec items sold after September 1, 2019 are sold with lifetime factory warranty for all customers as advertised unless otherwise noted on item description page. Warranties are non-transferable and require proof of purchase or original invoice issued to the original customer from an authorized dealer. This factory warranty is handled by Nodal Ninja / Fanotec factory and can be also handled by us as long as we advertise the fact at https://panosociety.com/pages/nodal-ninja-warranty. Factory warranty extends legal seller warranty and does not limit the seller warranty nor consumer protection. Therefore factory warranty can be used in cases where legal warranty no longer applies. As some consumable parts may wear through time or break from misuse, WE DO NOT WARRANTY THAT A PRODUCT WILL PERFORM FOR THE LIFETIME for THE BUYER. The factory warranty covers defective parts and labor to repair, it does not include shipping to and from warranty center. Mecha products, Poles, Guy wire reels, and lenses are not covered by factory warranty. Warranty extends to original purchaser only and proof of purchase will be required. Parts not covered under factory warranty would include consumable or wearable parts such as knobs, batteries, washers, detent plungers, springs, Mecha inner gears, plastic locking column for poles etc. All items showing signs of abuse, cross threaded items and items with failed self-repair efforts may be deemed as misuse and not covered under factory warranty. Provide images and videos of defective/broken parts and they will processed to find quick resolve. Please note that in some cases it might be necessary to wait with the repair until replacement parts arrive from factory (up to 30 days).
SIGNIFICANT BREACH OF CONTRACT OR CONFLICT WITH THE CONTRACT
In the event that the goods received by the customer are not in conformity with the contract (hereinafter referred to as "conflict with the contract"), the customer or entrepreneur in EU has the right to ask the supplier to bring them into accordance free of charge and without undue delay. Non-EU customers and entrepreneurs outside EU are obliged to pay all return shipping costs including all related customs and VAT fees. Bringing into accordance shall be done by exchanging goods or repairing, or by a reasonable discount on the purchase price, or by the consumer in EU withdrawing from the contract. The right of bringing into accordance does not apply if the customer knew about the conflict or if it was caused by the customer or if the purchase price was reduced due to conflict with the contract. Conflict with the contract that shall be discovered within six (6) months from the date of receipt of the goods by the customer, shall be deemed to have already existed when the customer received the items, unless this is against the nature of the goods or if it is proven otherwise. If the customer does not opt in for their selected way of resolving the conflict with the contract in time, the conflict is considered as an insignificant conflict with the contract. The selected way of resolution by the customer may not be changed without the consent of the supplier.
INSIGNIFICANT CONFLICT WITH THE CONTRACT
If the goods received are in an insignificant conflict with the contract the customer has the right to have the defects removed by the supplier, or for a reasonable discount on the purchase price. As long as the customer have not exercised their right to reduce the purchase price or to withdraw from the contract, the supplier may remove the defect. If the supplier fails to remove the defect in time or refuses to fix the defective goods, the customer may ask the supplier to reduce the purchase price or customers in EU may withdraw from the contract. The consumer in EU has a right to have get a complete replacement or to withdraw from the contract even in a case of fixable defect in a case the goods cannot be used properly due to repeated occurrence of defect or for a greater number of defects. In a case of replacement of goods the customer in EU or entrepreneur in EU shall return the goods originally received while the supplier will pay the costs of the return. Non-EU customers and entrepreneurs outside EU are obliged to pay all return shipping costs including all related customs and VAT fees. The supplier guarantees the quality of the goods and that they will retain their quality for certain period of time and that they will be suitable for their usual purpose and will retain the usual properties. This guarantee can also be stated on the packaging or in advertising. The guarantee starts from the date of the receipt of the goods by the customer. The selected way of resolution by the customer may not be changed without the consent of the supplier.
SOFTWARE IS DELIVERED VIA EMAIL
The provider does not send the software on physical media, but only in electronic form. By agreeing to the contract the provider agrees to send a digital content / license ("license") to the buyer according to the order, and to allow the buyer to acquire the ownership/rights to the license, and the buyer agrees to receive the license and to pay the purchase price. The provider will deliver the license as a unique digital non-transferable license code for software according to the order in the name and email address of the buyer. Part of the license may be instructions for downloading the software and actual license. The buyer has an obligation to review to the license terms of purchased software and by ordering expresses the agreement with these terms. The buyer especially agrees to use the license only for the specified number of users and to follow the copyright law. The provider guarantees that the provider has the authority and express consent of the manufacturer to sell respective software licenses. The license will be delivered to the buyer to the e-mail address specified in the order. All ordered and paid for licenses are distributed usually within 24 hours after payment or immediately. The license shall be generated only after upon successful receipt of payment. The provider provides a full legal warranty and guarantee for the license ordering. No returns shall be given for a generated license. Withdraw from the contract is only possible before receiving buyer's payment. In the event that payment has already arrived it is understood that the buyer expressly agrees to the commencement of fulfilling of the order and the provider takes (often automated) steps to generate a unique non-transferable license code for the buyer's name and withdrawal is then not possible.
These additional terms are an integral part of these Terms when buying software:
PTGUI http://www.ptgui.com/ptgui_eula.html
Krpano http://krpano.com/buy/license/
Pano2VR, Object2VR https://ggnome.com/contact
WORKSHOPS AND SPECIAL PROJECTS - ORDERING AND CANCELLATION TERMS
Please read the workshop or special project (collectively named projects) description carefully before ordering the project. All project orders are confirmed only after the whole amount is paid. After purchasing a project we contact you to agree on a date, time and place or just date and time if the project is going to take place online. You can cancel any time. Refunds for project are given as follows: If you cancel more than 24 hours before the project starts you are entitled for a full refund. If you cancel less than 24 hours no refunds are given. If the project doesn't take place for a reason on our side a full refund will be given. To cancel a project and request a refund please contact us at info(at)panosociety.com.
CODES
The Supplier is not bound by any codes of conduct in relation to the purchaser other than standard law.
WE DO NOT USE PREMIUM TARIFF MEANS OF DISTANCE COMMUNICATION
The cost of the means of distance communication is the same as the standard rate. In the case of telephone and internet connection to our shop we do not charge any additional fees in addition to any charges for transportation. Our contact phone number is based in Czech Republic, Europe.
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SECTION 3 - TERMS OF SERVICE
ACCEPTANCE OF TERMS
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms. By visiting the site How To Shoot 360º Shop and/or purchasing something from it, you engage in our “Service” and agree to be bound by the these terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Czech Republic (a member state of European Union). This does not affect the rights of consumers resulting from the generally binding legal regulations.
HEADINGS
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
LENGTH OF THESE TERMS
We've made these terms as short, simple and easy to read as we could force our lawyers to. :)
UPDATES
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. Any new features or tools which are added to the current store shall also be subject to the Terms. Changes and clarifications will take effect immediately upon their posting on the website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. We reserve the right to modify this Privacy section at any time, so please review it frequently. If we make material changes to the to the Privacy section, we will notify you on this page that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
AGE
By agreeing to these Terms, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site.
LEGAL USE
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services. We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
TERMINATION
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
REFUSAL OF ORDERS
The information provided at the shop is informative and the provider is not obliged to conclude a purchase agreement. The provisions of § 1732 paragraph. 2 of the Civil Code does not apply. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. Any offer for any product or service made on this site is void where prohibited. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
ERRORS, INACCURACIES AND OMISSIONS
We have made every effort to display as accurately as possible the texts, colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
OPTIONAL THIRD-PARTY TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall the Supplier, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless How To Shoot 360° Shop, the Supplier and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
COPYRIGHT
The content included in the How To Shoot 360º Shop is copyrighted and is the property of the Supplier or respective product suppliers. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with us or purchasing our products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by us.
Nodal Ninja® is a LEGALLY REGISTERED TRADEMARK - ALL RIGHTS RESERVED. All trademarks, service marks, slogans, and trade names of Nodal Ninja or Fanotec used in the site are trademarks or registered trademarks of Nodal Ninja and/or Fanotec International / property of either Bill Bailey, LLC d/b/a Nodal Ninja ("Nodal Ninja") or Fanotec. The collective work includes works that are licensed to Nodal Ninja®. Product images, texts and all related information is copyright of respective suppliers, vendors or manufacturers.
TRADEMARKS
All trademarks, service marks, slogans, and trade names used in the site are trademarks or registered trademarks of respective owners.
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SECTION 4 - PRIVACY POLICY, COOKIES AND YOUR CONTENT
Our Privacy Policy and Cookie Rules has been moved to a separate page to make it easier to understand and follow. It is, however, still an integral part of these Terms.
https://panosociety.com/policies/privacy-policy
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SECTION 5 - QUESTIONS AND CONTACT INFORMATION
Questions about these Terms, general questions and orders should be sent to us at info(at)panosociety.com.
The extrajudicial resolution of consumer disputes arising from the purchase agreement, the Czech Trade Inspection, headquartered Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs. Online dispute resolution between supplier and customer can be done at http://ec.europa.eu/consumers/odr.
European Consumer Centre Czech Republic, headquartered Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is the home of the European Parliament and Council Regulation (EU) no. 524/2013 dated May 21, 2013 to resolve consumer disputes online and amending Regulation (EC) no. 2006/2004 and Directive 2009/22 / EC (Regulation on consumer ODR online).
If you ask for information about the processing of your personal data, we shall deliver this information. We may request a reasonable compensation not exceeding the cost of providing the necessary information. If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at info(at)panosociety.com or by mail at our mailing address specified at the top of these Terms.
In the event that you think that we process your personal data in a way that is inconsistent with the protection of your private and personal interests or in conflict with the law, especially if personal data are inaccurate for the purpose of processing, may:
- Ask the provider or processor for explanation
- Require the provider or processor to correct the condition. In particular, you may ask us to block, correct, add or delete your personal data. If your request under the preceding sentence is found to be justified, we shall fix the problem immediately. You also have a right to appeal directly to the Office for Personal Data Protection. This provision shall not affect your right to contact the Office for Personal Data Protection directly.