Terms & Conditions

§ 1 - Area of ​​use

For the business relationship between JP Photo and consumer, only the following general conditions apply, which are delivered to the consumer at the latest at the same time as the conclusion of the first agreement between consumer and JP Photo. Consumers under the age of 18 do not have the right to buy or order products from JP Photo without the approval of a parent or other guardian.

The agreement concerns the seller's development, processing and delivery of photos sent by the consumer in analog and/or digital file format.

Consumers are required to save the general terms and conditions on their computer and/or print them before ordering via the internet.

§ 2 - Contracting parties

The consumer is:

The person who makes an offer to order goods at a trader and the offer is accepted.

The trader at www.jp-photo.se is:

JP Photo

Hammarby Allé 64

120 61 Stockholm

Sweden

Org. No.: 9008096134

§ 3 - Contact

Contact regarding complaints, regrets, etc. towards the trader is recommended to be in writing

julien@jp-photo.se or via contact form.

See more about complaints & regrets in § 12.

§ 4 - Conclusion of contract

By finalizing the checkout and paying the order price, the consumer submits an order to the trader regarding the production of products ("goods"). The placing of an order is considered an offer to traders.

A final agreement is only considered to have been entered into when the order intended by the consumer via the Internet has been accepted by the trader by sending an agreed order confirmation via e-mail.

§ 5 - Prices

Delivery of goods takes place at the prices in Swedish kronor applicable at the time of the conclusion of the contract, as indicated on the trader's website. We reserve the right for errors in our information on the website, catalog, etc. regarding price. Price is thus only considered as a recommended invitation to tender. Please note that shipping costs are reported separately on the website.

If the price appears on the invoice, this is considered valid, unless it is incorrect and this is clearly apparent to the consumer.

Invoice price includes development and processing of digital file formats as agreed, shipping and delivery costs and the statutory value added tax (VAT) applicable at any time.

§ 6 - Delivery, forwarding

Delivery or collection of orders takes place in accordance with the regulations laid down in the ordering software or on the website, unless the buyer and trader have agreed otherwise.

Please note that we can never guarantee that a delivery will take place within the set time. The delivery times stated are approximate and may be slightly longer during periods where order volumes are higher. During the Christmas period, Posten often has a higher load and thus longer delivery times, this is nothing we can influence. In the event of any delays caused by external partners, or in the event of transport damage, we comply with the right of complaint in the Consumer Purchase Act and the Act on distance contracts outside business premises.

The customer is notified of any delays in production. If the customer has chosen postal delivery, the delivery can be tracked using the transport company's consignment ID.

If the goods are to be transported to the buyer and nothing else follows from a delivery clause or the agreement in general, the delivery takes place when the goods are handed over to the carrier who has undertaken the transport from the place of dispatch.

The above-mentioned provision on risk does not apply to consumer purchases, as the risk instead passes to the consumer when delivery has taken place, i.e. when the consumer has received the goods.

§ 7 - Payment

When placing an order, the consumer must state whether the consumer wishes to pay by debit card, credit card or via Apple Pay. Consumers under the age of 18 cannot place orders on credit.

In the case of payment cards, costs are specified in connection with the transaction that are imposed on traders by the executing bank. The consumer is responsible for all these transaction costs.

If payment by direct debit cannot take place due to circumstances for which the consumer is responsible, the consumer must reimburse the trader for incurred transaction costs.

§ 8 - Marketing

JP Photo may use email for individual communications that are not operated by an individual for marketing, only if the natural person has consented to this in advance. If the trader has received the consumer's electronic address in connection with the consumer having bought a product from the trader there, the requirement for consent according to the first paragraph does not apply when:

• The natural person has not objected to the electronic address information being used for marketing purposes with the use of electronic mail.

• The marketing applies to traders' own, similar products and

• The natural person is clearly given the opportunity to object, free of charge and easily, to that data being used for marketing purposes when it is collected with each subsequent marketing message.

§ 9 - Acknowledgment

The consumer can only set off under the condition that the counterclaim has been determined by final, legal settlement or by the trader's written approval that set-off can take place.

§ 10 - Reservation on repossession

Until the trader has received full and final payment for the goods, he retains the option of reclaiming the goods.

§ 11 Right of cancellation

As soon as you finalize your order by checking out and paying the order price, the order processing will automatically begin. This means that you cannot undo or cancel your order.

§ 12 - Complaints

The consumer has a 3-year right of complaint according to law, provided that any defects in the product are notified within a reasonable time as soon as the defect is discovered or should have been discovered. If a complaint is made within two months, it is always considered to be within a reasonable time. If a complaint is made within two months, it is always considered to be within a reasonable time.

Only technical defects - not tasteful points of view - are valid grounds for complaint. Complaints cannot be made regarding errors that occurred when placing the order due to inaccurate or incomplete information, or information that can be easily misunderstood. If a reorder does not deviate from the first delivery, this does not entitle you to a complaint.

In the event of an approved complaint, we undertake a free redelivery. If the advertised fault is not remedied with the redelivery, the orderer has the right to cancel the agreement/purchase. If you, as a consumer, have incurred expenses due to the defect in the product, you may be entitled to compensation according to the right of complaint.

Additional claims other than those covered by the Consumer Purchase Act and the Act on distance contracts outside business premises cannot be made regarding deduction, cancellation or compensation.

In the event of a complaint, we ask that you first always contact us and we will help handle your complaint. We arrange free/shipping returns in case of complaints. Always send with the original order envelope and defect product, and enclose a detailed complaint description as a letter. Return only the photo products that you advertise. Remember to include your name, customer number and order number in the complaint.

§ 13 - Forwarding of personal information.

We refer to our separate Privacy Policy.

§ 14 - Copyright, Criminal law rules.

All penalties for any infringement of third-party rights are the sole responsibility of the consumer. The consumer must hold the trader harmless from any claim that third parties raise as a result of infringement of third-party rights when developing, processing, duplicating and using the transferred digital image files. The consumer has a duty to indemnify traders for all legal fees and other costs in connection with legal negotiations, which the trader may have to incur as a result of third-party contact and or initial legal steps against traders for a potential infringement of third-party intellectual property rights.

The consumer also has a duty to ensure that the content of the transferred image files does not contravene current legislation, including but not limited to the Criminal Code's orders on child pornography. If the trader becomes aware that the applicable legislation has not been followed, the trader reserves the right to contact the relevant authorities.

§ 16 - Confidentiality

JP Photo strives to protect our customers' privacy and sensitive personal information.

See further in our Privacy Policy.

§ 17 - Jurisdiction and choice of law.

A contractual term which states that the law of a country outside the European Economic Area shall apply to the contract does not apply in relation to purchases under this law, if the law that applies notwithstanding the term is the law of a country within the European Economic Area and that law gives the buyer better protection according to Section 48 of the Consumer Purchase Act.

It is expressly stated that the International Sales Law (CISG) does not apply.

Should individual provisions in this agreement with the consumer, including the general terms and conditions, be or become invalid, the validity of other provisions is not affected by this.

The terms and conditions below apply as a supplement to an individual assignment agreement between JP Photo (“the photographer”) and a buyer in a business operation.

Booking

On booking, the buyer shall state the scope of the assignment, the purpose of the photography, the means and scope of the use of the images, technical requirements and other instructions of importance to the assignment.

Cancellation

If an assignment is cancelled, the buyer shall always reimburse the photographer’s expenses for his/her own cancellations associated with the cancelled photography. The buyer shall also reimburse the photographer for preparation time and for cancelled time that cannot be used for another assignment.

Image selection

The photographer makes the selection of images to be approved and thus supplied.

Complaints

The buyer shall scrutinise images delivered as soon as possible. If repeat photography is required, this must be notified immediately. The images shall always be deemed approved once the production process for their use has started.

Areas of use

The images may be used in the way and to the extent specifically agreed at the time of ordering. Other use requires approval from the photographer.

The right to use may not be granted or transferred to another without the photographer’s approval. The right to use transfers to the buyer/end user once full payment has been made to the photographer. A grant of rights does not cover rights that are part of any current or future extended collective licences or corresponding licences entered into by the photographer’s management or trade organisation.

If the buyer should close down its business, suspend payment, become the subject of payment composition or be made bankrupt, the rights granted shall revert to the photographer without payment.

Exclusive use

Exclusive right of use means that the photographer is not entitled to grant the image to another image user during the period covered by the grant. For assignment photography, a grant is non-exclusive unless otherwise has been expressly agreed.

Photographer’s own use

The photographer is always entitled to use the images in his/her own marketing or own projects, such as exhibition or book production, unless otherwise has been expressly stated for the assignment.

Image reproduction

Images shall be reproduced with the greatest possible consideration for the execution of the original. Changing, processing or transfer to another art form may not be made without the photographer’s approval.

Crediting the photographer

When an image is used, the photographer shall always be credited. If the name of the photographer is not stated, a charge of 100 % of the basic fee or an adequate archive image price shall be made according to the Swedish Association of Professional Photographer’s (SFF) recommendations.

Ownership right to images, returns

Images delivered, and likewise idea or draft images, are the property of the photographer and, following the agreed use, shall be returned in undamaged condition.

Responsibility for an object provided

The buyer is responsible for ensuring that an object handed over for photography is satisfactorily insured. The photographer is not liable for any damage to or loss of such an object.

Image of a person

An image of a person is a photograph where an identifiable person or persons are included in the image.

The buyer is responsible for ensuring that such licence is in place as current legislation may require when an image of a person is used, for example in commercial advertising or on the internet.

Price and payment terms

25 % value added tax is added to the prices stated. Unless otherwise has been agreed, payment period and interest on overdue payment applies according to the Interest Act (1975:635).

The buyer is always liable for payment, irrespective of whether an image has been used or not, and also when photography is ordered for another end user.

Unauthorised use, etc.

In the event of unauthorised use, change or processing of an image, remuneration corresponding to the photography fee or current archive image price is payable. To this is added damages corresponding to at least the same amount, i.e. a 100 % surcharge.

Archive

The photographer undertakes to store digital image files/original imaged over a period of five years from the time of supply.

Damaged or lost image

If no price has been stated, compensation for damaged or lost inspection/printed images is charged at no less than 300 SEK or such higher amount as the production of an equivalent copy costs.

Compensation for damaged or lost unique images is charged at no less than 10 % of the current price base amount for social security purposes or the price stated by the photographer. The price base amount for social security purposes for 2013 is 44 500 SEK.

If a lost image is found and returned within six months from the time the photographer supplied the photograph, the compensation shall be repaid less a deduction of 20 % for administration charges.

Dispute resolution

In the event any dispute arises from the implementation of the Swedish Association of Professional Photographer’s recommended assignment terms and conditions that cannot be resolved through negotiation between the parties, this dispute shall be tried according to applicable legislation in a public court.