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The following general terms and conditions ("Terms") apply to your subscription for the PRO Service and all services provided to you under your PRO Service subscription (together "OPS"). OPS and all services related to it are provided by OM Digital Solutions GmbH ("OM Digital Solutions"). By subscribing to OPS you are entering into a contract with OM Digital Solutions, and you agree to be bound by and comply with these Terms.
1.1 OPS consists of hardware maintenance, technical support and device loan services for owners of Qualifying Equipment as set out in the Service Description. OPS covers Qualifying Equipment and Eligible Accessories.
1.2 OPS is only provided to customers in the OPS Territories. If you live outside of the OPS Territories, you are not entitled to receive OPS services.
1.3 Nothing in these Terms limits or changes your statutory warranty rights. Where statutory warranty rights exist in parallel to rights under these Terms, the customer has the right to choose whether to invoke statutory warranty rights or rights under these Terms. These Terms govern certain services related to hardware maintenance, technical support and equipment loan services as described in the Service Description. OPS is available only for registered members of MyOMSYSTEM who own and have registered Qualifying Equipment on MyOMSYSTEM. In order to subscribe to OPS, you must be at least 18 years old.
1.4 OM Digital Solutions may at any time change, discontinue, modify or extend services and features provided as part of the OPS service with at least 30 days' advance notice. In case of a material change or a discontinuation of a service or feature you have the right to terminate your OPS subscription within 30 days of receiving such notice, by sending a written notice of termination to camera.support@om-digitalsolutions.com. You will be entitled to a proportionate refund of the service fees.
2.1 In order to activate OPS in MyOMSYSTEM, you have to fill in the registration form and provide your activation code within your MyOMSYSTEM account on https://my.omsystem.com/. By clicking on the confirmation button you activate your subscription.
2.2 The OPS term of coverage ("Coverage Term") will commence on the day you activated your OPS subscription in accordance with Sec. 2.1 above ("Activation Date"), and will continue for the period indicated in your purchase information. Your OPS subscription will automatically end after the expiry of the Coverage Term, unless you have extended any such Coverage Term in accordance with Sec. 2.3.
2.3 You may renew or upgrade your subscription at any time. In order to renew or upgrade your subscription, you have to purchase a respective activation code, e.g. in the OM Digital Solutions web shop. Please note that once you activated your renewal or upgrade subscription, your previous subscription will automatically end and you will not be entitled to a refund for remaining subscription time under your previous subscription.
2.4 You may terminate your subscription at any time without observing a notice period by sending a written notice of termination to camera.support@om-digitalsolutions.com. You will not be entitled to any refund of the service fee. OM Digital Solutions may terminate your OPS subscription at any time with at least 30 days' notice if OM Digital Solutions ceases to provide the OPS; in such case you are being refunded a proportionate amount of the service fee. OM Digital Solutions may terminate your OPS subscription at any time without observing a notice period if (i) you have committed a material breach of these Terms and, where such breach is capable of remedy, failed to remediate such breach within a reasonable period of time determined by OM Digital Solutions in its sole discretion; (ii) you cancel your MyOMSYSTEM account, or (iii) you de-register your Qualifying Equipment and do not register new Qualifying Equipment within 30 days.
3. Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) on following address:
OM Digital Solutions GmbH
Willy-Brandt-Strasse 23,
20457 Hamburg
Germany
Email: camera.support@om-digitalsolutions.com
Phone number: 448003583294
You may use the below model withdrawal form, but it is 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.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), 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. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
5. Model Withdrawal Form
(If you wish to withdraw the contract, please fill in this form and send it back to us.)
To OM Digital Solutions GmbH, Willy-Brandt-Strasse 23, 20457 Hamburg Hamburg, Germany, camera.support@om-digitalsolutions.com , phone number: 448003583294
I/we* hereby give notice that I/we* withdraw from my/our* contract of sale of the following goods* /for the provision of the following service*:
Ordered on*/received on*:
Name of consumer(s):
Address of consumer(s):
Date:
Signature of consumer(s):
(only if this form is notified on paper)
*Delete as appropriate.
6.1 OPS services are only available to Qualifying Equipment and Eligible Accessories which is (i) owned by you and (ii) has/have been registered for OPS. OM Digital Solutions may require proof of purchase before providing hardware maintenance and repair services under an OPS subscription. OM Digital Solutions may require a validation of you OPS subscription before providing certain offline services (e.g. Check & Clean events).
6.2 The provision of OPS hardware maintenance and repair services is subject to your compliance with our shipping instructions. OM Digital Solutions reserves the right to choose a carrier/shipping service to ship your product to/from OM Digital Solutions or its authorized service providers. All devices sent to OM Digital Solutions must be packaged securely. You assume all responsibility and liability for damage during shipping due to unsecure packaging. You further assume the overall responsibility for shipping if you do not ship the products with the carrier suggested by OM Digital Solutions. Additional shipping charges may apply. Please refer to the Service Description for further information.
6.3 OM Digital Solutions will provide an estimate of repair costs via email and/or your MyOMSYSTEM user account if devices are handed in for out-of-warranty repair. Please check your email inbox and MyOMSYSTEM user account regularly. No repair or maintenance services are performed prior to your approval of the estimated repair costs.
6.4 Repair Turnaround Times ("RTT") indicated in the Service Description do not include transportation and shipment, weekend days and bank holidays in Portugal.
6.5 Your devices are returned against signature and/or proof of ID. Please ensure that you or your authorized representative is available at the place agreed with OM Digital Solutions to acknowledge receipt of shipment.
6.6 Firmware updates may require setting back the settings of your devices to default. You acknowledge and agree that all settings of your devices may be deleted in such case. Please note that OM Digital Solutions may perform a firmware update without your approval.
7.1 Repair coverage loan of cameras and accessories ("Loan Equipment") will only be available to customers with a valid MyOMSYSTEM membership and active OPS subscription. Requests for Loan Equipment will be subject to availability. OM Digital Solutions may request a copy of an ID card or a deposit as a precondition for providing Loan Equipment.
7.2 Loan Equipment remains the property of OM Digital Solutions. Loan Equipment may not be loaned, sold, encumbered, transferred to or otherwise handed over to a third party.
7.3 You represent and warrant to (i) treat Loan Equipment with all due care and in accordance with all relevant instructions and manuals. In particular: (ii) not expose Loan Equipment to shock, extremely high or low temperatures, impact, liquids, humidity, sand, dirt, and other substances which from an objective perspective are likely to cause damage to the Loan Equipment, (iii) not leave Loan Equipment unattended in the public, and (iv) use all due care when packaging the Loan Equipment for return shipment to OM Digital Solutions .
7.4 Loan Equipment will be delivered by personal delivery only. Parcel services may require proof of identification and/or a signature before handing over Loan Equipment. The costs for shipment or return shipment will be borne by OM Digital Solutions . Unless otherwise instructed by the customer, Loan Equipment will be shipped to the address listed in the customer´s MyOMSYSTEM account contact information.
7.5 You are obliged to inform us within 48 hours in case Loan Equipment gets lost, stolen or damaged. You must inform the police immediately if Loan Equipment gets stolen.
7.6 The loan will end when the Qualifying Equipment or Eligible Accessories, which have been under repair, have been returned to you. OM Digital Solutions ´ right for an earlier termination for causes remains unaffected. OM Digital Solutions may in particular terminate the loan without notice if you breach your obligations set out in 6.2 and/or 6.3 above.
7.7 After arranging Loan Equipment pickup with OM Digital Solutions you are obliged to hand over the Loan Equipment to the carrier. In case the Loan Equipment pickup has not been arranged you are obliged to return the Loan Equipment to the address agreed with OM Digital Solutions within five (5) working days (i) after you have received your repaired devices or (ii) after OM Digital Solutions notified you via email or your MyOMSYSTEM account that OM Digital Solutions cancelled the loan.
7.8 You are liable for any loss in value of the Loan Equipment that exceeds the loss that occurs as a result of ordinary use. You are liable for the then-current value of the Loan Equipment if (i) you culpably fail to return the Loan Equipment within the deadlines set forth in Sec. 7.7, (ii) Loan Equipment is severely damaged, destroyed, stolen or lost as a direct consequence of your failure to adhere to the duties of care set forth in Sec. 7.2 and/or 7.3 above.
8.1 OM Digital Solutions is liable without limitation for intent and gross negligence.
8.2 The liability of OM Digital Solutions for slight negligence is limited to the violation of cardinal contractual duties on the observation of which the customer can legitimately rely and the non-observance of which would render the proper execution of the agreement impossible. In this case, the liability of OM Digital Solutions is limited to damages, which are typical for contracts of this nature and foreseeable at the time of the formation of the contract.
8.3 To the extent, OM Digital Solutions' liability is limited or excluded under this Sec. 8 such limitation or exclusion also applies to our legal representatives, vicarious agents and employees.
8.4The limitations stipulated in the foregoing Items shall not apply in case OM Digital Solutions has fraudulently concealed a defect or has assumed an express voluntary guarantee/warranty for the properties of the item. The same applies to damages resulting from injury to life, body and health as well as a product liability under applicable product liability laws.
9.1 This agreement, together with and any other document OM Digital Solutions designates from time to time as part of the OPS agreement, constitutes the entire agreement between the parties concerning OPS and supersedes all prior agreements or representations, written or oral, of the parties pertaining to such subject matter.
9.2 In the event that a provision of these Terms is or becomes invalid or unenforceable, this shall not affect the enforceability and validity of the remainder of these Terms. The parties agree to replace such invalid or unenforceable provision by a valid and enforceable provision which reflects the economic intention of the invalid or unenforceable provision in the best possible way.
9.3 These terms are governed by the laws of Germany. If you are a consumer with a permanent residence outside of Germany at the time this agreement is made, the application of mandatory law provisions of your country of residence remains unaffected. Nothing in these terms affect your rights as a consumer to rely on such mandatory provisions of local law. If you are a merchant ("Kaufmann"), or if you do not have a permanent residence in Germany, the venue for all disputes relating to or arising out of this agreement is Hamburg, Germany. In case you are a consumer, OM Digital Solutions may only sue you at the competent court of the country of your habitual residence and (ii) you may sue OM Digital Solutions at Hamburg, Germany or at the competent court of the country of your habitual residence.
9.4 Changes or amendments to this agreement must be made in writing. This also applies to a waiver of this written form requirement.
9.5 The assignment of this agreement or any right arising out of this agreement is excluded.
9.6 Under the Regulation (EU) No. 524/2013, the EU Commission has created a platform for the out-of-court resolution of disputes and this is available from http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to take part in a dispute resolution process before a consumer arbitration authority.
9.7 You can contact our complaints department directly by email camera.support@om-digitalsolutions.com for further information.
Last Update: [January 2021]