Terms of service

1. Scope and seller

These terms apply to all orders placed in the online shop at lumenaryvision.com. Your contract partner is Sebastian Koch, trading as Lumenary Vision, Grewenbrink 3A, 33619 Bielefeld, Germany, email: sebastian@lumenaryvision.com, phone: Show phone number. In these terms, "I" and "me" mean Sebastian Koch.

A consumer is any natural person who places an order for purposes that are mainly outside their trade, business or profession. A business customer is a natural or legal person who orders in the course of their trade, business or profession. Where a clause applies to only one of the two groups, it says so.

If you order as a business customer, your own terms do not become part of the contract, even if I do not object to them in the individual case.

2. Products

I sell digital products for download only: film emulation profiles, camera profiles, presets, a Lightroom Classic plugin, styles for Capture One, an installer and the guides that come with them. No physical goods are shipped.

The product page describes what each product contains, which applications and versions it works with and which cameras are supported. The description on the product page at the time of your order is the agreed specification. A version for Capture One is made for the camera model you choose on the product page. The products need Adobe Lightroom Classic or Adobe Camera Raw, or Capture One, to run. That software is not part of the purchase.

3. How the contract is concluded

The product pages are not a binding offer. They invite you to place an order.

You order in these steps: you put the product in the cart, tick the consent box for immediate delivery, go to the checkout, enter your details and choose a payment method. Until you click the final order button you can check and correct everything you have entered, or leave the checkout. By clicking the final order button you make a binding offer to buy the products in your cart.

The contract is concluded when I send you the order confirmation by email or make the download available, whichever happens first.

The contract is concluded in English. I store your order details and send them to you with the order confirmation. You can read and save the current version of these terms on this page at any time.

4. Prices and payment

The prices shown are total prices and include the value added tax that applies to your order. There are no shipping costs.

The payment methods available to you are shown in the checkout. Payment is due when you place the order.

If you order as a business customer from another EU member state and enter a valid VAT identification number in the checkout, the order is invoiced without German VAT under the reverse charge rules.

5. Delivery

Delivery is by download. Right after payment you get a download link on the order status page and by email to the address you gave in the checkout. This normally takes a few minutes.

The products are installed with the Analog Vision Studio Installer for Mac and Windows, which you download through that link. Installing requires a one-time online activation with the email address and the order number of your order. After that the products work offline.

Each file can be downloaded up to five times through the link. If you need access again later, write to me with your order number.

6. Right of withdrawal

Consumers have a statutory right of withdrawal. The instructions, the conditions under which this right ends early for digital downloads and the model withdrawal form are on the page Right of withdrawal. You can send a withdrawal online at lumenaryvision.com/pages/withdraw-from-contract.

7. Licence

All products are protected by copyright and related rights. Once the purchase price is paid in full, you receive a simple, non-transferable licence, without time limit and valid worldwide, to install and use the products as follows:

The licence is for one person. You may install the products on up to three computers you use yourself at the same time. If you stop using a computer, write to me and I will release it.
A version for Capture One may be used with the camera model it was made for.
You may use the products for private and for commercial photography, including work for your clients. The photos you edit with them are yours without restriction.
If several people in a studio or company use the products, each person needs their own licence.

Each installed film profile and style carries an invisible code that identifies the order. It does not change how the products look.

You may not:

pass on, share, resell, rent, sublicense or publish the files, whether for free or for payment, including by upload to file sharing sites, forums, marketplaces or cloud folders that others can access,
remove or change the code that identifies the order,
include the files or parts of them in other products,
extract, convert or rebuild the profiles, lookup tables, styles or presets in order to create or distribute other profiles, presets, styles or lookup tables,
use the files to train machine learning models.

Activation is refused for orders that have been refunded or cancelled. If a payment is reversed without a legal reason, or if you seriously breach this licence, the licence ends. You must then stop using the products and delete all copies. My statutory claims, in particular to injunctive relief and damages, remain.

8. Updates and new products

I provide the updates that are needed to keep a product in conformity with the contract, as the law requires, and I tell you about them by email. You install them by opening the installer again. Beyond that there is no claim to new film stocks, additional cameras or new features. I may offer those as separate products.

9. Statutory warranty

The statutory warranty rights for digital products apply.

For business customers the warranty period is one year from the day the download is made available. This shortening does not apply to the cases listed in section 10 in which my liability is unlimited.

10. Liability

I am liable without limit for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and to the extent of any guarantee I have given.

In cases of slight negligence I am liable only for the breach of an essential contractual obligation. An essential contractual obligation is one whose fulfilment makes the proper performance of the contract possible in the first place and on which you may regularly rely. In that case my liability is limited to the damage that is typical for this kind of contract and was foreseeable when the contract was concluded.

Any further liability is excluded. These rules also apply to my legal representatives and to persons I use to perform the contract.

11. Third-party software and trademarks

The products work inside software from Adobe and Capture One. I have no influence on that software and its updates. The film stock, scanner and software names used in this shop are trademarks of their owners. They are used only to describe what the products refer to or work with. Lumenary Vision is not affiliated with, sponsored by or endorsed by these companies.

12. Applicable law and place of jurisdiction

German law applies. The UN Convention on Contracts for the International Sale of Goods does not apply.

If you are a consumer, this choice of law does not take away the protection of the mandatory provisions of the country in which you have your habitual residence.

If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is Bielefeld, Germany.