We’d all rather do without small print, but unfortunately it is pretty important. So here it is in all its glory… the enlight photo legal page.
It covers use of enlight photo websites, buying our gear, our unique TryAtHome guarantee and more.
“enlight photo websites” refers to all websites wholly owned and administered by enlight photo Ltd which includes but is not limited to www.enlightphotopro.com, www.ioshutter.com, www.orbisflash.com, www.friocoldshoe.com, usstore.enlightphotopro.com, eustore.enlightphotopro.com, gbstore.enlightphotopro.com
Supplementary online store Terms and Conditions may be found by visiting the legal pages at usstore.enlightphotopro.com/legal, eustore.enlightphotopro.com/legal, gbstore.enlightphotopro.com/legal
“WE” refers to enlight photo Limited of Auckland, New Zealand.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. ANY USE BOTH VIEWING OF AND PURCHASING FROM enlight photo websites CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND CONDITIONS BELOW.
1. Specifications: All content, features, specifications, products and prices of products and services on enlight photo websites are subject to change at any time without notice. Descriptions are approximate and are provided for convenience only. The inclusion of products or services on enlight photo websites does not imply or warrant that these products or services will be available at any time. It is your responsibility to know and obey all applicable local, state, regional, federal and international laws in regard to ordering, importing, use and sale of any item purchased on enlight photo websites. By placing an order you represent that the products ordered will not be used in an unlawful manner. By entering your email address you agree to be added to our SafeSubscribe™ Constant Contact email database.
2 Shipping Limitations: When an order is placed, it will be shipped to an address designated by the purchaser. This address must be compliant with any shipping restrictions placed on enlight photo websites. All purchases from enlight photo websites are made pursuant to a shipping contract. As a result, loss and title for items purchased on enlight photo websites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
3 Information: We attempt to ensure that all information on enlight photo websites is complete, accurate and current. Despite our best efforts, the information on enlight photo websites may sometimes be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or current nature of any information on enlight photo websites. We may make changes without notice. It is our practise to confirm orders by email, but the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity and/or to refuse service to any customer. We may require verification of information prior to the acceptance and/or shipping of any order.
4 Use: The design of enlight photo websites and all text, graphics, information, content and other material displayed or that can be downloaded are either property of enlight photo limited or are used by permission and are protected by copyright, trademark and other laws. All text, graphics, information, content and other material displayed or that can be downloaded may not be used except as permitted in these Terms & Conditions without the prior written permission of enlight photo limited. Any unauthorised use of any such information and materials may violate copyright laws, trademark laws, laws of privacy and publicity and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
5 Trademarks: Certain trademarks, trade names, service marks and logos used or displayed on enlight photo websites are registered and unregistered trademarks, trade names and service marks of enlight photo limited unless otherwise stated. Nothing on enlight photo websites grants or should be construed as granting, by implication, estoppel or otherwise any license or right to use any trademarks, trade names, service marks or logos without the written permission of enlight photo limited or any third party.
6 Links: Creating or maintaining any link to or the displaying or running of enlight photo websites and any material hereon that may bring enlight photo or any third party affiliate thereof into disrepute according to the sole decision of enlight photo limited is prohibited.
7 Third Party Links: enlight photo websites may contain links to websites that are not owned, operated or controlled by enlight phto limited or our affiliates. All such links are provided solely as a convenience to you at your own risk. If you use these links you will leave enlight photo websites and enlight photo limited are not responsible for any content, materials or other information located on or accessible from any other web site. Neither enlight photo limited nor any of its affiliates endorse, guarantee or make any representations or warranties regarding any other web site.
8 Disclaimers: Your use of enlight photo websites is at your own risk. The materials and services provided in connection with enlight photo websites are provided “as-is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Neither we nor any of our affiliates warrant the accuracy or completeness of th materials or services on or through enlight photo websites. The materials and services on or through enlight photo websites may be out of date and neither we nor any of our affiliates make any commitment or assumes any duty to update such materials or services.
The products and services purchased through enlight photo websites are subject only to any applicable warranties of their respective manufacturers, if any. We hereby disclaim all warranties of any kind, either express or implied, including but not limited toany implied warranties with respect to the products and services listed on or purchased from enlight photo websites. We expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes or misappropriation. The foregoing exclusions do not apply to the extent prohibited by law. Refer to your local and national laws for any such prohibitions.
9 Returns: To return any products to enlight photo, you must first request a Return Authorisation number from enlight photo, using the contact details on the Contact Us page of our website. Once a Return Authorisation has been granted, you must despatch your order within 7 calendar days with the Return Authorisation number clearly marked on the outside of the package. You must email ops@enlightphotopro to confirm despatch of your return so that we know to expect it. Issuance of a Return Authorisation does not guarantee acceptance of product if other terms and conditions are not met. The enlight photo warranty is limited to the repair or replacement of the supplied enlight photo products only. enlight photo will not be held responsible for any resulting loss or damage to property, or loss of income or earnings that may be caused by failure of the orbis™ ring flash or any other enlight photo products, or by complications or costs arising from the use of the orbis® ring flash, any other enlight photo products or any associated hardware. All warranties are limited to the original purchaser only and are not transferable. Warranty registration is not required but you are asked to retain proof of purchase. Any party returning a faulty product must pay all applicable freight (and insurance if applicable) charges to return the unit to the location designated with our Return Authorisation code and do so at their own risk. enlight photo will at our discretion repair, replace or credit the faulty product. Any product returned as faulty but tested and found to be OK may incur a handling charge. If your warranty claim is deemed valid by enlight photo, freight charges will be paid for the replaced or repaired product to be returned to you. enlight photo will fully support our products for the entire warranty period but cannot provide support if we deem that the products were subject to misuse or physical damage. All returns will be rejected unless clearly marked with a Return Authorisation Code supplied by enlight photo Customer Services. enlight photo reserves the right to replace any faulty product that is no longer in production with a current model. enlight photo strives to ensure a 10 working day turnaround from the time the product arrives at the designated office, but cannot be held responsible for reasonable delays.
10. Limitations of liability: enlight photo limited assumes no responsibility and shall not be liable for any damages to, or virusses that may infect your computer, equipment or other property caused by your access to or use of enlight photo websites. enlight photo limited shall not be liable to any party for any damages arising out of the use of, inability to use or results of use of enlight photo websites or any website linked to or from enlight photo websites or the website of any affiliate of enlight photo limited. The foregoing exclusions do not apply to the extent prohibited by law. Refer to your local and national laws for any such prohibitions.
11. Revisions: enlight photo limited may revise enlight photo websites or these Terms and Conditions at any time. These Terms and Conditions may be superseded by notices and terms located elsewhere on enlight photo websites.
12. These Terms and Conditions supersede any other agreement between you and enlight photo limited. These Terms and Conditions will be governed by and construed in accordance with the laws of New Zealand. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions. You or we may suspend or terminate your account or use of enlight photo websites at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. Enlight photo limited reserves the right to change, suspend or discontinue all or any aspect of enlight photo websites at any time without notice.
If you do not understand any of these Terms and Conditions or if you have any questions or comments please contact us directly at [email protected].
enlight photo Trademark Information
Please read the following before listing an item with the name “orbis®”, “frio™” or “ioShutter™” for sale online. This message/page provides awareness of the USA Trademark Laws applying to enlight photo trademarks registered in the United States.
Trademark and Gray Market Warning Notice
enlight photo, an New Zealand-owned company not related to foreign suppliers, has registered the ORBIS Trademark with the U.S. Patent and Trademark Office (PTO), and has recorded these marks with the United States Customs Service for legal import restrictions in accordance with 19 C.F.R. Part 133. The trademarks for FRIO and IOSHUTTER are claimed by enlight photo and pending registration.
Under Section 526 (a) of the US Tariff Act of 1930, the importation of any foreign-origin merchandise bearing the ORBIS, FRIO or IOSHUTTER trademarks, without the written consent of enlight photo, is unlawful and prohibited. Unauthorized importations are subject to possible seizure and forfeiture by the United States Customs Service.
enlight photo is actively working with US Customs to enforce these trademarks aggressively. enlight photo will also pursue all of its available remedies for injunctive relief and damages against any companies or persons who import, distribute, sell or otherwise deal in gray market merchandise bearing these trademarks.
enlight photo cannot guarantee the quality or authenticity of any product, or that the warranty is applicable or enforceable for any product, that does not come in the original box, or which is not specifically purchased through one of our authorised distributors or retailers. For a complete list of authorized dealers, please visit the relevant product website (see below).
If you live in the United States:
GUIDELINES FOR ADVERTISING enlight photo TRADEMARKED PRODUCTS:
1.If offered as new or like new, the products must be described as being “in original boxes from enlight photo”. If the item or items are discontinued, no restrictions apply to the listing.
2.If the products are offered as used and described with no further description except “used”, no restrictions apply; the title and description must contain the word “used”. If not, you must revise the listing(s) to reflect this as soon as possible.
3.Descriptions such as “like new” or “mint” which imply that the product(s) is (are) not used will require trademark approval and source of purchase must be disclosed to the CEO at enlight photo. Again, if the product(s) is (are) labeled as “used” in combination with any other description, no restrictions apply.
4.If the product was purchased from outside of the United States (except personal tourist purchases carried on someone’s person), the source of purchase must be disclosed to us with a copy of the customs entry form filed by the original purchaser.
Please contact the Marketing Department at [email protected] if you have any questions about applicable trademark laws.