LUMIX PRO MEMBERSHIP TERMS AND CONDITIONS

2.1

“You”, “Your” and “Customer” or “User” means the member of the LUMIX PRO Membership.

2.2

“We”, “Us”, “Our” and “Panasonic” means Panasonic Marketing Europe GmbH.

2.3

“LUMIX” means a range of camera bodies and lenses that are distributed by Panasonic.

2.4

“Qualifying Equipment” means individual product items from the range of products which qualify for LUMIX PRO Membership as defined by Panasonic and which were registered by the User.

2.5

“Territory” means, Austria, Belgium, France, Germany, Italy, Spain, Sweden and United Kingdom

2.6

“Working Day” means Monday to Friday 9am until 5pm excluding weekends, bank, public and statutory holidays.

LUMIX PRO Membership provides You, as an owner of professional LUMIX equipment, with benefits such as improved turnaround times on repair provided by Panasonic's own specialist repair centres or service facilities that have been authorised by Panasonic to provide LUMIX PRO Services.

4.1

LUMIX PRO Membership is available to end users, consumer and business professionals who have their place of residence or place of business within Europe, who are over the age of 18 who own and register Qualifying Equipment on the Website . The current list of the Qualifying Equipment is listed in Section 5 below and can be found at https://www.lumix-pro.com.

4.2

The LUMIX PRO Membership is free of charge.

4.3

Registration for LUMIX PRO Membership is easy: simply register Your details and the Qualifying Equipment You own on-line through the Website at https://www.lumix-pro.com.

4.4

If You are a new customer: Start by creating an account by entering Your personal data and clicking on the button “Next”. You will get to a Webpage where You may enter Your Qualifying Equipment. You may review and modify Your personal data and the amount and kind of Qualifying Equipment at any time during the registration process on the Webpage. . An overview of Your input will open up on the overview page. To correct input errors click „Edit“ next to the respective field. To cancel the registration process, You can simply close Your browser window. By clicking the confirmation button „Confirm“ in the last step of the account creating process, You submit an offer to create Your account and to conclude a contract for LUMIX PRO Membership between You and Panasonic.

4.5

You will receive a confirmation via email with a double opt-in option. By following the double opt in link You will complete Your account registration and receive a confirmation email for successful creation of Your account and acceptance of Your offer to conclude a contract for LUMIX PRO Membership including these Terms and our Privacy Policy. If You choose not to select the double opt in, all of Your data which You registered on the Webpage will be deleted after 48 hours.

4.6

After successful account registration Your LUMIX PRO Membership account information, e.g. Membership ID, will be provided by Email to address You have registered.

4.7

Your LUMIX PRO Membership account must be held in your own name and should be registered to Your permanent address. You will be responsible for registering and updating the correct and accurate information for membership communications.

4.8

You must ensure that Your LUMIX PRO Membership profile is updated with any changes to Your personal information through the Website at www.lumix-pro.com. LUMIX PRO Membership is not transferrable.

5.1

Your LUMIX PRO Membership requires the registration of the Qualifying Equipment You own.

You must own & register at least 1 qualifying camera from the list shown below under clause 5.3.

5.2

Qualifying lenses for LUMIX PRO Membership are listed below

5.3

The qualifying camera bodies for LUMIX PRO Membership listed below

5.4

All Qualifying Equipment requires a valid serial number.

5.5

The list of Qualifying Equipment may be amended from time to time. Panasonic reserves the right to change the LUMIX PRO Membership requirements at any time with prior notice to the User according to the terms in Section 15. You may periodically review the list of Qualifying Equipment.

5.6

In the event that Panasonic changes the list of Qualifying Equipment for the LUMIX PRO Membership during the course of a Membership Period, the new Qualifying Equipment list will only apply to new registrations or Membership Period renewals made after the publication date of such changes.

5.7

The Qualifying Equipment list published at the date of registration will be valid for that Membership Period and the list published at the date of renewal will be valid for the following year's Membership Period.

5.8

For Users who are resident in the EEA, products imported from outside the EEA or products which are counterfeit or infringe the intellectual property rights of the Panasonic and its affiliated companies in the sense of applicable law (“Panasonic Affiliates”) in any way will not be eligible for these LUMIX PRO. For the avoidance of doubt, this shall mean that these products will not be eligible for registration and LUMIX PRO Membership. Full warranty exceptions provided for in the relevant warranty remain in full effect.

6.1

This Section is ONLY applicable to LUMIX PRO membership in the following participating countries: those which are labelled as “Available” in the table in Annex 1.

6.2

The following repair benefits are only available in the countries listed above.

6.3

Members benefit as follows:
Target Turnaround Time is 7 working days

6.4

Target Turnaround Times will only apply to a maximum of three (3) products being serviced at any given time for each individual User.

6.5

Target Turnaround Times will apply to camera body warranty and non-warranty repairs.

6.6

Target Turnaround Times are not guaranteed. However, both Panasonic and the authorised repair facilities, will endeavour to meet the target times listed above.

6.7

Target Turnaround Times are based on working days (Monday to Friday not including public holidays in the relevant country) and will be deemed to start the working day after receipt of the product by the repair facility and ends on the day the product is ready to leave the repair facility. It does not include time spent in shipment nor any time spent awaiting any customer information necessary to complete the repair, such as missing documentation or acceptance of estimated cost of repair for out of warranty repairs for example.

6.8

Target Turnaround Times are not applicable for membership repairs in any of the following territories: French Overseas Territories; the Canary Islands; Ceuta; Gibraltar, Isle of Man, Scilly Isles, Scottish Highlands and Islands.

6.9

Target Turnaround Times are only applicable on repairs duly authorised for repair under LUMIX PRO membership and identified as such as set out in Section 7 below.

6.10

For out-of-warranty repairs, You are responsible for paying all applicable costs associated with servicing or repair of the equipment including (but not limited to) delivery costs and any applicable taxes, fees and levies as may be required in the country where the equipment is submitted for repair.

6.11

All benefits are subject to availability and to change and may be withdrawn or altered at any time at the absolute discretion of Panasonic. Without limitation, Panasonic reserves the right to make exclusions or exceptions to the availability of benefits. Local variations to the published membership benefits may also apply.

6.12

All repairs provided under this scheme are subject to Panasonic's general Terms & Conditions of repair and that of any authorised repair facility providing such services.

6.13

The repair benefits detailed in this Section 6 above are not currently available in the countries listed as NOT AVAILABLE in Annex 1.

6.14

In accordance with Section 6.15, LUMIX PRO Users in these countries are not currently entitled to any LUMIX PRO repair .. Any such repair will be at the discretion service facility and subject to capacity.

In case of any questions or enquiries about your Lumix Equipment please contact us via:

https://support-uk.panasonic.eu/?scroll_id=contact-option-container United Kingdom

https://support-de.panasonic.eu/?scroll_id=contact-option-container Germany Austria

https://support-fr.panasonic.eu/?scroll_id=contact-option-container France

https://support-es.panasonic.eu/?scroll_id=contact-option-container Spain

https://support-it.panasonic.eu/?scroll_id=contact-option-container Italy

https://support-be-fr.panasonic.eu/?scroll_id=contact-option-container Belgium

https://support-be-nl.panasonic.eu/?scroll_id=contact-option-container Belgium

https://support-se.panasonic.eu/?scroll_id=contact-option-container Sweden

8.1

The Membership Period for the LUMIX PRO Membership is unlimited. You can cancel the Membership Period by deleting Your LUMIX PRO account at any time.

8.2

Upon deletion of your LUMIX PRO Membership account Your LUMIX PRO account will be cancelled and Your personal data erased within 24 hours. Should you also have a My Panasonic account, where you have registered other Panasonic products than LUMIX PRO products, the personal data and product data stored in Your My Panasonic account will not be affected by the deletion of Your LUMIX PRO account. Upon cancellation of Your LUMIX PRO Membership and consequential deletion, You will no longer be entitled to any of the benefits offered through Red LUMIX PRO Membership and will no longer be able to access your LUMIX PRO account

8.3

Deletion is irreversible, and it is not possible to reinstate the LUMIX PRO Membership once it has been cancelled. However, if You wish to re-join at any time, You can simply register as a new member as detailed above.

9.1

We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. The same applies to breaches of duty by our vicarious agents.

9.2

The abovementioned exclusions of liability do not apply in case of damage of life, body and health, if a defect was fraudulently concealed or a guarantee for the quality of the services was assumed. The liability pursuant to the product liability law remains unaffected.

9.3

Panasonic shall not be held liable for failure or delay in the performance of any obligation under these Terms caused by any unforeseen circumstances outside its reasonable control, such serious events being in particular, force majeure, epidemics, pandemics, riots, fire, flood, war or terrorist conflicts, industrial dispute, government action, or regulations, or failure or delay on the part of Panasonic suppliers or sub-contractors, which Panasonic is not responsible for (e.g. courier). Such an event shall release You and Panasonic from performance obligations for the duration of the disruption and to the extent of its effect, even if Panasonic or you should be in default. An automatic termination of the Red LUMIX PRO Membership contract is not associated with this. You and Panasonic are obliged to notify each other of such an impediment and to adjust your and Panasonic obligations to the changed circumstances in good faith.

10.1

All Personal Data (title, last name, first name, address, date of birth, email address) collected by Us will be in accordance with our Privacy Policy and with applicable legislation, including the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act. Data is collected with the purpose of enabling Panasonic to perform the LUMIX PRO and to improve Panasonic’s product offering. For any details regarding data protection and data security, please visit our privacy policy on the Website by following this link https://www.panasonic.com/uk/privacy-policy.html

10.2

Information about You and Your membership may be used by Panasonic to contact You, to review Your use of the LUMIX PRO services and/or to review, develop and improve our services, products and offers and/or for internal market research and statistical analysis.

10.3

We may need to transfer Your Personal Information to third parties, in particular Panasonic Affiliates, to provide the LUMIX PRO services You require or any other services/assistance You request. All Panasonic Affiliates are required to follow the privacy practices set forth in our Global Privacy Notice https://www.panasonic.com/global/privacy-policy.html.

11.1

The LUMIX PRO Membership includes the Terms that were in effect at the time of the User's ordering of a registration to LUMIX PRO Membership as amended in accordance with the provisions of this Section 11. Panasonic recommends that the User saves or prints a copy of the Terms when concluding the LUMIX PRO Membership contract.

11.2

Panasonic may from time to time make additions or amendments to the Terms, including, but not limited to Qualifying Equipment, for one or more of the reasons set out in Section 11.4 provided that the procedure in Section 11.3 is complied with. Panasonic may, however, make minor changes to the Terms or changes solely for the benefit of the User, without regard to Sections 11.3-11.4. These changes will be announced on the Website when they take effect.

11.3

Panasonic will notify the User by email of such additions or changes to the Terms, and unless the User notifies Panasonic within 30 days of the date the email was sent that the User does not accept such changed terms, the changed Terms will apply from the date set out in Panasonic’s email. In case of the User’s non-acceptance, the contract for LUMIX PRO Membership will terminate as from the day before the changes were announced to take effect.

11.4

Additions or changes to the Terms can be made for the following reasons but this is not an exhaustive list of why Panasonic may change the Terms:

(a) If Panasonic has reasonable cause to make the change for legal, regulatory or administrative reasons;
(b) to reflect changes that Panasonic makes to the systems and infrastructure that are used in connection with the Service;
(c) to improve the LUMIX PRO or to offer User new service features, or to remove one or more service features, subject to a reasonable reduction of the LUMIX PRO Membership Level fee or other compensation if applicable;
(d) to reflect organisational changes within Panasonic or Panasonic Affiliates; or
(e) to adjust prices or services to a reasonable degree.

12.1

Panasonic may assign or hand over the whole or a part of its rights and obligations for provision of LUMIX PRO to a third party after giving prior notice to the User.

13.1

Except for the link to the website and content of the Luzern, the Website may contain links to third-party websites for convenience only through which the User exits the Website. These linked sites are not under the control of Panasonic, and Panasonic is not responsible for the content of any such site or any link contained in such site.

13.2

Panasonic may commission third parties with carrying out of the LUMIX PRO. Third party services are subject to the terms and conditions of the third parties. The services provided by third parties are not under control of Panasonic and Panasonic does not assume any liability, except for mandatory liability under applicable law, for third party services.

13.3

Any fault that has been identified as a result of a fault with a third party product, such as, but not limited to Non-Panasonic memory cards, flash units, third party batteries or non-standard Panasonic cables will not be covered by the standard conditions of the LUMIX PRO or for repairs undertaken with the turnaround times for the LUMIX PRO Membership Level of the User.

14.1

The exclusive language available for the LUMIX PRO Membership shall be German. Translations of these Terms to other languages are for information only. In the event of contradictions between the German text and the translations, the German text shall prevail.

14.2

The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if

(a) Your habitual residence or registered office is in Germany, or
(b) Your habitual residence or registered office is situated in a state not being member of the European Union.

14.3

In the event that Your habitual residence or registered office is in a member state of the European Union, German law applies provided this stipulation is not in conflict with mandatory rules of the state in which Your habitual residence or registered office is situated. Such rules shall remain unaffected.

14.4

In addition to the benefits set out above, Panasonic may make additional benefits or promotional offers available to LUMIX PRO Members based on membership status and level of use of LUMIX PRO member services including (but in not limited to): repair services, loan equipment; shipping & delivery promotions; surveys and Panasonic and third party product offers.

14.5

PLEASE NOTE LUMIX PRO MEMBERSHIP DOES NOT AFFECT NOR EXTEND YOUR RIGHTS UNDER ANY PANASONIC COMMERCIAL WARRANTY PROVIDED WITH YOUR PRODUCT AT THE TIME OF PURCHASE OR YOUR STATUTORY LEGAL RIGHTS.

14.6

The Pan-European Standard Warranty provides cover for products purchased inside the EEA. The Limited Worldwide Warranty may apply if the product is purchased outside of the EEA but in a participating country. Further information can be found at https://www.panasonic.com/uk/support/warranty-information.html.

14.7

All queries relating to LUMIX PRO Membership should be addressed to the LUMIX PRO Membership admin team via Your local email address as per Section 3. All complaints should also be addressed to the LUMIX PRO Membership admin team via email.

14.8

The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr/.
Our e-mail address is stated in clause 3.4

14.9

We are not obligated and not willing to participate in dispute resolution proceedings pursuant to the German Consumer Dispute Resolution Act (VSBG).

14.10

Should individual provisions of these Terms and the LUMIX PRO Membership contract be invalid, this shall not affect the validity of the Terms and the LUMIX PRO Membership contract as a whole.

14.11

Different consumer protection legislation may be applicable to the provision of the Service. This includes, but is not limited to, the provisions listed in Section 20.

15.1

This Section 20 sets out additional terms applicable for certain countries. If case of discrepancies between this Section 20 and any provision in the Terms other than this Section 20, this Section 20 shall prevail.

15.1.1

If the User has his habitual residence in France, the following applies:

(1) Legal guarantee of conformity of services

We guarantee that the services covered by the Terms comply with the provisions of Articles L. 224-25-12 et seq. of the Consumer Code.

The legal guarantee of conformity is two years from the date of supply of the service.

The starting point of Your action is the day on which You became aware of the lack of conformity in accordance with Article 2224 of the Civil Code.

You are entitled to demand the compliance of the digital content or service according to the criteria set out in Articles L. 224-25-12 and following of the Consumer Code and subject to the cost conditions set out in Article L. 224-25-19 of the Consumer Code.

It is specified that this compliance is free of charge for You.

We will make every effort to comply with Your request within a reasonable timeframe, taking into account the nature of the digital service concerned. In any event, this period may not exceed thirty days following Your request.

You may also claim a price reduction or cancel the contract under the conditions set out in Articles L. 224-25-20 et seq. of the Consumer Code.

We will notify You of any updates necessary to maintain the compliance of the service throughout the term of the Terms.

Concerning the updates not necessary to maintain the conformity of the service, We commit to inform You as soon as possible.

It is specified that the aforementioned updates will be free of charge for You.

You may refuse the update of the service or uninstall the service if the planned update has a negative impact on the access or use of the service. In this case, the resolution is automatically and without cost to You subject to the conditions of termination provided in Article L. 224-25-26 of the Consumer Code. You are also advised that you can invoke the guarantee against hidden defects under the conditions set out in Articles 1641 to 1648 of the Civil Code.

You are also advised that you can invoke the guarantee against hidden defects under the conditions set out in Articles 1641 to 1648 of the Civil Code.

(2) Applicable language

The present Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.

(3) Jurisdiction - Mediation

In the absence of an amicable agreement to their dispute, any dispute relating to the interpretation, conclusion, execution or termination of these Conditions shall be brought before the Court:

- For You: in the court of Our registered office as indicated in 1.1 or in the court of Your place of residence;
- For Us: in the court of Your place of residence.

In the event of a dispute concerning these Terms and Conditions, you may have recourse to a mediation procedure in accordance with Article L. 611-2 of the Consumer Code.

The consumer can thus file a request for mediation on the European platform for online settlement of consumer disputes at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR .

(4) Provisions of the Conditions not applicable The provisions of the Conditions do not apply to the user residing in France:

- 6.13 ;
- 7.12.

(5) Provisions of the Amended Conditions

The following provisions of the Conditions are amended as follows:

- 15.2 Additions and Changes: Panasonic may from time to time make additions or changes to the Terms and Conditions including, but not limited to, Eligible Equipment, Membership Levels and LUMIX PRO, for one or more of the reasons set out in Clause 15.4, provided that the procedure in Clause 15.3 is followed.

20.1.3

If the User has his habitual residence in Italy, the following applies:

The exclusive language available for LUMIX PRO membership is Italian. Translations of these Terms into other languages are for information purposes only. In the event of any contradiction between the Italian text and the translations, the Italian text shall prevail.

Countries that are NOT included on the list here will not qualify for any LUMIX PRO Membership benefits.