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The following Terms for the Test & Wow Promotion ("Loan Terms") in the version valid at the time of the order shall apply to the business relationship between OM Digital Solutions GmbH – Willy-Brandt-Strasse 23, 20457 Hamburg, registered in the commercial register of the court of Hamburg under the number HRB 163550, 'VAT ID number: DE334687531, ("OM Digital Solutions", "we", "us") and the borrower ("Borrower", "you") , for the use of the Test & Wow Loan Service ("T&W Program").
Contact: camera.support@om-digitalsolutions.com
Under the T&W Program, OM Digital Solutions makes certain product(s) ("Test Equipment") available to you at no charge for the purpose of testing and subject to these Loan Terms. You shall have the opportunity to experience the functionalities and the quality of the Test Equipment in compliance with the instructions of use.
The Test Equipment available for the T&W Program is identified on the website of OM Digital Solutions and by accepting these Loan Terms, you will enter into a loan contract for the chosen Test Equipment through the internal area on the website ("Platform").
These Loan Terms are the framework for the loan contract between you and us ("Loan"), for your chosen Test Equipment for a set period of five local working days ("Loan Period") and subject to the provision of a fully refundable deposit as set out in these Loan Terms. We will deliver the Test Equipment to you free-of-charge. We will also provide a free return label to you together with the Test Equipment for the return of the Test Equipment at the end of the Loan Period.
The T&W Program is available for Borrowers who meet the conditions set out hereunder. To participate in the T&W Program, you must fulfil the following requirements:
All Borrowers must be eighteen or over and must have a delivery address in a country listed below;
Orders for the Test Equipment may exclusively be placed online via the Platform. Before submitting the order, the Borrower can view and change the data at any time. The Borrower makes a binding offer to enter into a Loan as soon as it clicks on the "order now" button. However, the order can only be sent and transmitted if the Borrower confirms acceptance of these Loan Terms, by ticking the corresponding checkbox. The Borrower has the option of calling up the contractual provisions including the Loan Terms before completing the order process and saving them in reproducible form. We confirm receipt of an order from the Borrower by sending an e-mail in which we confirm receipt of the order and list the contents thereof (receipt confirmation). This receipt confirmation does not constitute an acceptance of the offer, but is only intended to inform the Borrower that the order has been received by us. The Loan shall only be concluded upon the submission of the declaration of acceptance by OM Digital Solutions, which shall be sent with a separate e-mail (order confirmation), at the latest, however, upon dispatch of the Test Equipment. In this e-mail or in a separate e-mail, but at the latest upon delivery of the Test Equipment, the contract text (consisting of the order, the Loan Terms and the order confirmation) will be sent by us to the Borrower on a durable data carrier (e-mail or paper printout) (contract confirmation). The text of the Loan will not be stored by us for retrieval by the Borrower after completion of the order process. The contractual partner is OM Digital Solutions. The T&W Program is not directed at minors.
If the chosen Test Equipment is not available during the chosen Loan Period, OM Digital Solutions will send the Borrower a rejection of the offer by separate e-mail within two (2) working days following the receipt confirmation and will indicate when the Test Equipment will presumably be available again. In this case, a Loan is not concluded.
Consumers have a right of withdrawal under the following conditions. A consumer is a natural person with whom a legal transaction is concluded primarily for a purpose that cannot be attributed to that person's commercial or self-employed activity.
WITHDRAWAL INSTRUCTIONS
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods.
To exercise your right of withdrawal, you must inform us, OM Digital Solutions GmbH - Willy-Brandt-Strasse 23, 20457 Hamburg, Germany, e-mail camera.support@om-digitalsolutions.com, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form for this purpose, which is, however, not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall release your deposit without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
However, this right of withdrawal does not apply to:
END OF WITHDRAWAL INSTRUCTIONS
Sample withdrawal form
(If you wish to withdraw from the contract, please fill in this form and send it back).
(*) Delete as appropriate
During the ordering process, you must provide a deposit for the Loan of the Test Equipment, to provide us with security regarding the possible loss, damage or non-return of the Test Equipment. The amount of the deposit depends on the type and number of products you choose and is indicated on our website. The amount will be quoted online during the order process or at the time of booking before you place an order.
In order to offer the deposit, you have to provide us with your credit card (only Visa and Mastercard are accepted) details as part of the ordering process. You will then be redirected to our payment service provider Adyen. Instead of debiting the your credit card, OM Digital Solutions can, by making a so-called merchant request in its favour, have a sum in the amount of the deposit blocked under the credit facility granted to you by your credit card institution for your credit card.
The deposit will be secured upon the dispatch date. If the deposit is not secured and OM Digital Solutions cannot contact you, the Loan will be cancelled and OM Digital Solutions will inform you thereof.
OM Digital Solutions will release the blocked deposit amount once the Test Equipment has been returned and checked for completeness and damages. This check will be done within an appropriate examination period, normally within two (2) working days after the Test Equipment has arrived in our warehouse. The cancellation of the blockage of the deposit may take up to eight (8) working days after the Test Equipment has been returned providing it is certain that there are no claims to offset by the deposit.
If no or no deviating delivery time is specified for the respective Test Equipment, the delivery period is 14 days. Delivery times stated by us are calculated from the time of conclusion of the Loan, provided that the deposit has been secured in advance in accordance with clause 7 of these Loan Terms.
In the event that it is determined after delivery, that the Test Equipment - through no fault of the Borrower - is not working properly or has deficiencies, we can offer the Borrower - at our sole discretion - a replacement product, if one is available. The Loan Period is then calculated anew, starting from the delivery of replacement product.
The Loan Period begins on the day of delivery of the Test Equipment.
Immediately after expiry of the Loan Period but in any case, no later than the 1 working day following expiry of the Loan Period, you have to return the Test Equipment to us, using the free shipping label we provide and using the original packaging in which you have received the Test Equipment from us. If this is not possible, you must provide for adequate packaging. You must deliver the Test Equipment with the returns label to the closest logistics hub. Find the closest available location: Add DHL link. Saturdays count as working days.
The Test Equipment remains in the property of OM Digital Solutions throughout the Loan Period. You must handle the Test Equipment with care and in accordance with the instructions of use. In particular, you must keep it in clean and dry storage place. You may not accept sell, rent or otherwise permit anyone else than you the use or dispose of the Test Equipment. In the event of a culpable deterioration of the Test Equipment or individual components thereof, which is not due to the proper use of testing of the Test Equipment, you may be liable to us for the resulting damage in accordance with the statutory provisions. The same applies in the case of loss (e.g. loss, damage, destruction) of the Test Equipment or individual components thereof.
In case of a late return of the Test Equipment or individual components thereof in accordance with clause 7 which is attributable to the Borrower, the Borrower shall pay the late charges for each day on which the products are returned late of an amount of 10% of the total value of the deposit (as indicated in the receipt or order confirmation) up to a maximum amount of 50% of the total value of the deposit, as shown on the platform during the order process and based on the deposit of ordered items. The value of the deposit is also stated on the receipt or order confirmation. The right of OM Digital Solutions to claim damages remains unaffected by the obligation to pay the late charges and the return obligation. The late charges will be set-off against any claims for damages.
In the case the Test Equipment is not returned within ten (10) working days as of expiry of the Loan Period and following a written reminder of OM Digital Solutions the full amount of the Borrower's deposit will be taken from the provided credit card as liquidated damages for the failure of return. The Borrower remains free to prove that OM Digital Solutions incurred no or significantly lower damages.
OM Digital Solutions is not liable for the success of the test-shots and records, nor a certain image quality or a continuous functional capacity or specific performance of the Test Equipment.
OM Digital Solutions shall be liable to the Borrower - irrespective of the legal basis – only in the case of intent and gross negligence without limitation in accordance with the statutory provisions.
Insofar as the liability of OM Digital Solutions is excluded or limited, it shall also apply to the personal liability of OM Digital Solutions' employees, legal representatives and vicarious agents.
The above exclusions and limitations of liability shall not apply if OM Digital Solutions has fraudulently concealed a defect or has assumed an explicit guarantee for the quality of the goods. The same applies to damages resulting from injury to life, body and health as well as to liability under the Product Liability Act.
The law of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the Borrower has placed the order as a consumer and has his habitual residence in another country at the time of his order, mandatory legal provisions of this country shall remain applicable and unaffected by the choice of law made in sentence 1.
The place of jurisdiction is Hamburg if the Borrower is not a consumer.
With Regulation (EU) No. 524/2013, the European Commission has created a platform for the out-of-court settlement of disputes, which may be accessed at http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board (information pursuant to Section [X] of the [German] Act on Alternative Dispute Resolution in Consumer Matters (Consumer Dispute Resolution Act - VSBG).
You may contact our complaints office directly by e-mail (camera.support@om-digitalsolutions.com) for further information.
In order to continue the ordering process, you have to accept these Loan Terms.