General Terms and Conditions

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as the “GTC”) of VALYRA Germany GmbH (hereinafter referred to as the “Seller”) apply to all contracts for the delivery of goods concluded between a consumer or business customer (hereinafter referred to as the “Customer”) and the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise stipulated. In addition to delivering the goods, the Seller shall provide digital content or digital services (hereinafter referred to as “digital products”) as a technical service provider. Such digital products are contained in or connected with the goods in such a way that the goods cannot or can only partially perform their functions without them.

1.3 These GTC shall apply accordingly to contracts for the delivery of physical data carriers used exclusively as carriers of digital content, unless otherwise stipulated. Digital content within the meaning of these GTC means data created and provided in digital form.

1.4 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated.

1.5 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or independent professional activity.

1.6 For the purposes of these GTC, a business customer is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but are intended to enable the Customer to submit a binding offer.

2.2 The Customer may submit an offer using the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer for the goods in the shopping basket by clicking the button that completes the order process. The Customer may also submit an offer to the Seller by telephone, fax, email or post.

2.3 The Seller may accept the Customer’s offer within five days:

• by sending the Customer written order confirmation or order confirmation in text form (fax or email), in which case receipt of the order confirmation by the Customer is decisive; or
• by delivering the ordered goods, in which case receipt of the goods by the Customer is decisive; or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the above alternatives apply, the contract shall be concluded at the time when one of these alternatives first occurs. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the day on which the offer was sent. If the Seller does not accept the Customer’s offer within this period, the offer shall be deemed rejected, and the Customer shall no longer be bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing shall be carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to PayPal’s terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or, if the Customer does not have a PayPal account, subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button completing the order process.

2.5 If an offer is submitted using the Seller’s online order form, the Seller shall store the contract text after conclusion of the contract and send it to the Customer in text form (e.g. by email, fax or letter) after the order has been submitted. The Seller shall not make the contract text available beyond this. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data shall be archived on the Seller’s website and may be accessed free of charge by the Customer through their password-protected user account using the relevant login details.

2.6 Before submitting a binding order using the Seller’s online order form, the Customer may identify potential input errors by carefully reading the information displayed on the screen. The browser’s zoom function may be an effective technical means of identifying input errors by enlarging the screen display. The Customer may correct their entries using the usual keyboard and mouse functions during the electronic ordering process until they click the button completing the order process.

2.7 German and English are available for the conclusion of the contract.

2.8 Order processing and communication generally take place by email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at that address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

The right of withdrawal set out below applies only to our customers who are consumers within the meaning of Section 13 of the German Civil Code (BGB).

Instructions on Withdrawal

Right of Withdrawal*

You have the right to withdraw from this contract within 30 days without giving any reason. The withdrawal period is 30 days from the day on which you or a third party designated by you, other than the carrier, takes possession of the goods.

To exercise your right of withdrawal, you must inform us (VALYRA Germany GmbH, Schanzenstraße 38, 51063 Cologne, Germany, telephone: 0800-46 07 060, fax: +49 (0) 221 59 68 62 00, email: info@zeiss-outdoor.com) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or email). You may use the attached model withdrawal form, but this is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (except for any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. We shall use the same means of payment for the reimbursement as you used for the original transaction, unless expressly agreed otherwise with you. In no event will you be charged any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You must send back or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.

You shall bear the direct costs of returning the goods. You are liable for any diminished value of the goods only if that diminished value results from handling the goods in a way that was not necessary to establish their nature, characteristics and functioning.

If you send parcels with postage due, you shall bear the direct costs of returning the goods. The fees paid for postage due will be deducted when calculating the refund amount.

Exclusion or Early Expiry of the Right of Withdrawal

The right of withdrawal does not apply to contracts for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts.

Model Withdrawal Form

(If you wish to withdraw from the contract, please complete this form and return it.)

To:

VALYRA Germany GmbH

Schanzenstraße 38

51063 Cologne

Email: info@zeiss-outdoor.com

Fax: +49 (0) 221 59 68 62 00

I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the purchase of the following goods (*)/the provision of the following service (*).

Ordered on (*)/received on (*)

Name of consumer(s)

Address of consumer(s)

Collection location of the goods (if different from the consumer’s address)

Signature of consumer(s) (only if this form is notified on paper)

Date

(*) Delete as appropriate.

Additional Information on the Possible Handling of a Withdrawal

Before returning devices containing storage media (e.g. memory cards), please note that you are generally responsible for backing up your data. We recommend making an appropriate backup copy and/or deleting any personal data stored on the device, particularly personal data relating to third parties. If deleting personal data is not possible due to a defect, please expressly inform us of this on the return form.

If deletion is not possible due to a defect, please expressly inform us that personal data is present. Please clearly note this on the return slip.

Please remember to return the goods complete with all parts and accessories supplied.

Your statutory right of withdrawal remains unaffected by the information and guidance in this section.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices shown are total prices and include statutory VAT. Any additional delivery and shipping costs are specified separately in the respective product description.

4.2 Deliveries to countries outside the European Union may incur additional costs in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, fees charged by financial institutions for transferring money (e.g. transfer fees or exchange rate fees) or import duties and taxes (e.g. customs duties). Such costs relating to the transfer of money may also arise where the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3 The payment method(s) available to the Customer shall be communicated in the Seller’s online shop.

4.4 If advance payment by bank transfer has been agreed, payment shall be due immediately upon conclusion of the contract unless the parties have agreed on a later due date.

4.5 If the payment method “PayPal Invoice” is selected, the Seller assigns its payment claim to PayPal. Before accepting the Seller’s declaration of assignment, PayPal carries out a credit check using the Customer data transmitted. The Seller reserves the right to refuse the “PayPal Invoice” payment method if the credit check produces a negative result. If PayPal approves the “PayPal Invoice” payment method, the Customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment period. In this case, payment can be made only to PayPal with discharging effect. However, even after assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. concerning the goods, delivery time, dispatch, returns, complaints, withdrawal notices and submissions, or credits. The General Terms of Use for PayPal Invoice payments also apply and are available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

4.6 If the payment method “IP InfinitePay”, “purchase on invoice” or “direct debit” is selected, depending on the payment methods made available, the Seller assigns its payment claim to Financial Management Solutions GmbH (operating under the brand IP InfinitePay). Before accepting the Seller’s declaration of assignment, IP InfinitePay carries out a credit check using the Customer data transmitted. The Seller reserves the right to refuse the IP InfinitePay payment method if the credit check produces a negative result. If IP InfinitePay approves the payment method, the Customer may make payment with discharging effect only to IP InfinitePay. Even after assignment of the claim, the Seller remains responsible for general customer enquiries, e.g. concerning the goods, delivery time, dispatch, returns, complaints, withdrawal notices and submissions, or credits. The additional terms for use of the IP InfinitePay invoice payment service also apply and are available at https://admin.novalnet.de/Besondere_Bedingungen_fuer_Zahlungsgarantie_Version7.0.pdf.

5) Delivery and Shipping Terms

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address stated in the Seller’s order processing system shall be decisive for the transaction. If PayPal is selected as the payment method, the delivery address stored with PayPal by the Customer at the time of payment shall prevail.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the outward shipping costs if the Customer validly exercises their right of withdrawal. In the event of a valid withdrawal, the rules set out in the Seller’s withdrawal instructions shall apply to return shipping costs.

5.3 If the Customer is a business customer, the risk of accidental loss or accidental deterioration of the goods shall pass to the Customer as soon as the Seller has handed the goods over to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the Customer is a consumer, the risk of accidental loss or accidental deterioration of the goods shall generally pass to the Customer only when the goods are handed over to the Customer or a person authorised to receive them. By way of exception, the risk shall also pass to a consumer upon handover to the carrier if the Customer has commissioned the carrier or other person or institution designated to carry out the shipment and the Seller has not previously named that person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract if it is not supplied correctly or properly by its own supplier. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller shall make all reasonable efforts to obtain the goods. If the goods are unavailable or only partially available, the Customer shall be informed without undue delay and any consideration already paid shall be refunded without undue delay.

5.5 Collection in Person

After payment via PayPal, Customers may also collect their goods in person from the Seller at Schanzenstraße 38, 51063 Cologne, Germany. Please provide proof of payment by presenting the invoice or payment confirmation. Please do not attempt to pay for the goods on site. Cash or card payments cannot be processed at the premises.

5.6 Vouchers shall be provided to the Customer as follows:

• by download
• by email

5.7 The Seller is entitled to use affiliated companies and third parties as vicarious agents or subcontractors to fulfil its contractual obligations. This shall not affect the Seller’s responsibility towards the Customer.

6) Export Control

Contractual Clause Prohibiting (Re-)Export to and Use in Russia Pursuant to Article 12g of Regulation (EU) No. 833/2014

6.1 The Customer shall not sell, export or re-export, directly or indirectly, to the Russian Federation or for use in the Russian Federation any goods supplied under or in connection with this contract that fall within the scope of Article 12g of Regulation (EU) No. 833/2014.

6.2 The Customer shall use its best efforts to ensure that the purpose of paragraph 6.1 is not frustrated by third parties further down the supply chain, including potential resellers.

6.3 The Customer shall establish and maintain an appropriate monitoring mechanism to detect conduct by third parties further down the supply chain, including potential resellers, that would frustrate the purpose of paragraph 6.1.

6.4 Any breach of paragraphs 6.1, 6.2 or 6.3 shall constitute a breach of a material contractual obligation, and the Seller shall be entitled to appropriate remedies, including but not limited to:

6.4.1 the right to terminate this contract; and

6.4.2 the right to claim a contractual penalty amounting to 50% of the total value of this contract or the price of the exported goods, whichever is higher, but at least EUR 50,000.

6.5 The Customer shall promptly inform the Seller of any problems in applying or complying with paragraphs 6.1, 6.2 or 6.3, including any relevant activities by third parties that could frustrate the purpose of paragraph 6.1. The Customer shall provide the Seller with information concerning compliance with the obligations under paragraphs 6.1, 6.2 and 6.3 within two weeks of the Seller’s request.

7) Retention of Title

If the Seller makes an advance payment or otherwise performs before receiving payment, the Seller shall retain ownership of the delivered goods until the purchase price owed has been paid in full.

8) Liability for Defects (Warranty)

8.1 Unless otherwise provided in the following provisions, the statutory provisions on liability for defects shall apply. The following provisions apply by way of deviation to contracts for the delivery of goods:

8.2 If the Customer is a business customer:

• the Seller shall choose the type of subsequent performance;
• for new goods, the limitation period for defects shall be one year from delivery of the goods;
• rights and claims relating to defects in used goods shall be excluded;
• the limitation period shall not begin anew if replacement delivery is made as part of liability for defects.

8.3 The above limitations of liability and reductions of limitation periods shall not apply:

• to claims for damages and reimbursement of expenses by the Customer;
• if the Seller has fraudulently concealed the defect;
• to goods that have been used for a building in accordance with their usual use and have caused the building to be defective;
• to any existing obligation of the Seller to provide updates for digital products under contracts for the delivery of goods with digital elements.

8.4 For business customers, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

8.5 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer shall be subject to the commercial inspection and notification obligations under Section 377 HGB. If the Customer fails to fulfil the notification obligations set out therein, the goods shall be deemed approved.

8.6 If the Customer is a consumer, the Customer is requested to report obvious transport damage to the delivery service and inform the Seller. Failure to do so shall have no effect on the Customer’s statutory or contractual claims for defects.

9) Special Conditions for Repair Services

If, under the terms of the contract, the Seller is obliged to repair an item belonging to the Customer, the following shall apply:

9.1 Repairs shall be carried out at the Seller’s place of business.

9.2 The Seller shall provide its services at its own discretion, either personally or through qualified personnel selected by the Seller. The Seller may also use third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller’s service description, the Customer shall not be entitled to select a specific person to carry out the requested service.

9.3 The Customer shall provide the Seller with all information necessary for the repair, unless obtaining such information falls within the Seller’s contractual responsibilities. In particular, the Customer shall provide a comprehensive description of the fault and disclose all circumstances that may have caused the identified fault.

9.4 Unless otherwise agreed, the Customer shall send the item to be repaired to the Seller’s place of business at the Customer’s own cost and risk. The Seller recommends taking out transport insurance. The Seller also recommends using suitable transport packaging to reduce the risk of transport damage and conceal the contents of the package. The Seller shall inform the Customer promptly of any obvious transport damage so that the Customer may assert any rights they may have against the carrier.

9.5 The item shall be returned at the Customer’s expense. The risk of accidental loss or accidental deterioration of the item shall pass to the Customer when the item is handed over to a suitable carrier at the Seller’s place of business. At the Customer’s request, the Seller shall take out transport insurance for the item.

9.6 The above provisions shall not restrict the Customer’s statutory rights relating to defects if the Customer purchases goods from the Seller.

9.7 The Seller shall be liable for defects in the repair service performed in accordance with the statutory provisions governing liability for defects.

10) Redemption of Promotional Vouchers

10.1 Vouchers issued free of charge by the Seller as part of promotional campaigns for a specified validity period and which cannot be purchased by the Customer (hereinafter “Promotional Vouchers”) may be redeemed only in the Seller’s online shop and only within the specified period.

10.2 Individual products may be excluded from the voucher promotion if the content of the Promotional Voucher specifies such a restriction.

10.3 Promotional Vouchers may only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Only one Promotional Voucher may be redeemed per order.

10.5 The value of the goods must be at least equal to the value of the Promotional Voucher. Any remaining balance shall not be refunded by the Seller.

10.6 If the value of the Promotional Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

10.7 The balance of a Promotional Voucher shall neither be paid out in cash nor bear interest.

10.8 The Promotional Voucher shall not be refunded if the Customer returns goods paid for wholly or partly with the Promotional Voucher under the statutory right of withdrawal.

10.9 The Promotional Voucher is transferable. The Seller may discharge its obligation by providing the goods to the respective holder who redeems the Promotional Voucher in the Seller’s online shop. This shall not apply if the Seller knows, or is grossly negligent in failing to know, that the holder is not entitled to use the voucher, lacks legal capacity or lacks authority to represent another person.

11) Redemption of Gift Vouchers

11.1 Vouchers that can be purchased through the Seller’s online shop (hereinafter “Gift Vouchers”) may be redeemed only in the Seller’s online shop, unless otherwise stated on the voucher.

11.2 Gift Vouchers and remaining balances on Gift Vouchers may be redeemed until the end of the third year following the year in which the voucher was purchased. Any remaining balance shall be credited to the Customer until the expiry date.

11.3 Gift Vouchers may only be redeemed before the order process is completed. Subsequent offsetting is not possible.

11.4 Only one Gift Voucher may be redeemed per order.

11.5 Gift Vouchers may only be used to purchase goods and may not be used to purchase further Gift Vouchers.

11.6 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

11.7 The balance of a Gift Voucher shall neither be paid out in cash nor bear interest.

11.8 The Gift Voucher is transferable. The Seller may discharge its obligation by providing the goods to the respective holder who redeems the Gift Voucher in the Seller’s online shop. This shall not apply if the Seller knows, or is grossly negligent in failing to know, that the holder is not entitled to use the voucher, lacks legal capacity or lacks authority to represent another person.

12) Use of Cellular Cameras

12.1 Reception and Transmission Coverage

The Seller currently provides reception and transmission coverage in the following countries:

Germany, Belgium, Bulgaria, Denmark, Estonia, Finland, France (including Réunion and Mayotte), Greece, Ireland, Iceland, Italy, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Austria, Poland, Portugal (including the Azores and Madeira), Romania, San Marino, Sweden, Switzerland, Slovakia, Slovenia, Spain (including the Canary Islands), the Czech Republic, Hungary, the United Kingdom (including the Channel Islands) and Cyprus. The Seller reserves the right to change the countries in which the service of VALYRA Germany GmbH can be used at any time.

12.2 Disclaimer of Warranty for Reception and Transmission Coverage

The Seller excludes any warranty for uninterrupted transmission and reception of images from ZEISS SECACAM cameras for the following reasons. The reception and transmission functions of a ZEISS SECACAM camera may be impaired by circumstances beyond the Seller’s control. For example, mobile network coverage may be limited indoors or due to structural conditions. Temporary faults or interruptions in the telecommunications systems of network providers, as well as inadequate network coverage, may also cause image transmission to fail. As a result, images may not be sent or received by the ZEISS SECACAM Control Center. In all such cases, there shall be no entitlement to compensation or replacement services.

12.3 Misuse of the SIM Card

The SIM card supplied with a mobile ZEISS SECACAM camera may only be used with the camera with which it was supplied by the Seller. Inserting a SIM card from another provider may damage the camera and result in the loss of the warranty.

Any other use of the SIM card installed in the camera is prohibited. In the event of misuse, the Seller reserves the right to block the relevant SIM card and prevent the respective user from using the ZEISS SECACAM Control Center.

12.4 Deactivation of Inactive SIM Cards

The Seller reserves the right to permanently deactivate SIM cards in ZEISS SECACAM cameras that have not been connected to the Seller’s Control Center for more than 12 months (i.e. have neither sent images/videos nor connected to the network). Reactivation is possible only after consultation with the Seller’s service department. In this case, the Customer may obtain a new SIM card by post for a one-time fee of EUR 29.99. The new SIM card must be activated.

12.5 Image Rights

You must ensure that the images transmitted by your ZEISS SECACAM camera are free from third-party rights. Our service and ZEISS SECACAM cameras must not be used unlawfully, and all applicable legal requirements must be observed. The camera should be positioned so that automatically triggered image capture does not infringe the general right of personality protected by Article 2(1) of the German Basic Law (GG).

The Customer shall be directly liable to third parties for any infringement. We provide only the infrastructure necessary for transmitting and receiving images. The Customer alone is responsible for the images created. If third parties bring claims against us, the Customer shall indemnify us and hold us harmless against such claims. We reserve the right, at our discretion, to delete user accounts if we suspect that users have violated these GTC. We are not responsible for content created through the use of our products or services.

Please protect your access password for the Seller’s services. Ensure that no one else has access to it and keep your account details up to date.

12.6 Image Storage Period

The storage period for images in the ZEISS SECACAM Control Center depends on the selected subscription. Under the “Prepaid Service” and the “Basic Subscription”, images are stored for two months from the date they were taken. Under the “Premium Subscription”, the storage period is six months, and under the “Professional Subscription”, it is twelve months. Images are automatically deleted after these periods. The Seller reserves the right to adjust the image storage period.

12.7 Loss of Entitlement to Additional Services

Depending on the subscription, the Customer may purchase additional services. Use of these additional services may require consent to data processing. For example, the Animal Recognition and Advanced Hunting Statistics functions require images to be evaluated and analysed. The evaluation, analysis and transmission of images constitute data processing that requires consent. Without this consent, the Seller may not offer these services for data protection reasons. Accordingly, the user shall no longer be entitled to the relevant services. The other services included in the subscription shall remain available. There shall be no entitlement to a reduction in subscription fees. The Customer determines the scope of data processing but should not be excluded from attractive subscription offers merely because they do not wish to consent to data processing.

12.8 Credit Account

The credit account is maintained in credits rather than euros. Each image sent reduces the image balance by one credit, and each video sent reduces it by four credits.

If no credits remain, the camera will no longer send images or videos. The ZEISS SECACAM camera will continue to take images and videos and store them on the SD card.

You can purchase image credit packages (100, 200, 500 or 5,000 credits) in the ZEISS SECACAM Control Center. The Seller expressly reserves the right to adjust the credit system and the number of credits charged per image and video.

12.9 Payment Terms for Credits

You may choose from the following payment methods:

• PayPal
• Credit card

Beyond the costs of the required credits and any service packages (subscriptions) selected by the Customer, we do not charge any additional recurring fees.

12.10 Push Notifications

The app allows you to receive push notifications about new images captured by your camera. By using the app, you consent to our sending you push notifications relating to our products and services. These may include camera status messages, information about new products, information about features and similar communications.

12.11 Termination of Use

You may terminate our services at any time. We reserve the right to terminate the services at our own discretion, on a date of our choosing and without prior notice. For example, we may suspend or prevent your use of the services if you fail to comply with these GTC or use the services in a way that creates liability risks for us, interrupts the services or interferes with other users’ use of the services.

12.12 Changes to the Services

We reserve the right to expand, restrict, modify or discontinue our services on a date of our choosing and without prior notice. There is no entitlement to the continued provision of the services.

12.13 Price Changes

We reserve the right to change the prices of paid services, such as image credits, at any time and without prior notice.

12.14 Expiry of Credits

The image credits you have purchased do not have an expiry date. However, your credits may be forfeited if:

• we close your user account, for example due to a violation of these GTC;
• you return the camera to us following a withdrawal;
• you delete your user account;
• the service is discontinued.

If you privately transfer your camera to a third party (e.g. by selling it), the camera’s credit balance will be transferred with it. The Seller cannot provide any warranty in this regard.

Credits for images and videos cannot be paid out or refunded. Credits may only be purchased through the websites shop.zeiss.com or shop.zeiss.de or through the ZEISS SECACAM app. Purchases through third-party retailers or services are not possible.

12.15 Archiving of Recordings

There is no entitlement to the archiving of data such as photo or video files. We accept no liability for data loss. We reserve the right to delete data after giving prior notice. Recordings that violate our terms of use or applicable law may be blocked or deleted by the Seller without prior notice.

13) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

14) Place of Jurisdiction

If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the Customer’s registered office is outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from it can be attributed to the Customer’s professional or commercial activities. In the above cases, however, the Seller shall in all circumstances also be entitled to bring proceedings before the court at the Customer’s place of business.

15) Alternative Dispute Resolution

15.1 The European Commission provides an online dispute resolution platform at the following address: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.

15.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Version dated: 23 May 2025