General Terms and Agreement - Custom Vids Productions

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SALES CONDITIONS
General Terms and Conditions

Article 1. Application
Article 2. Offers/agreements
Article 3. Prices and payments
Article 4. Delivery
Article 5. General ownership
Article 6. Copyright rights
Article 7. Ads and liability
Article 8. Orders/communication
Article 9. Circumstances beyond the suppliers controle
Article 10. Others
Article 11. Delivery fees
Article 12. Applicable law and court

Article 1. Application

1.1 These general conditions  (hereafter : conditions) are applicable on all offers, orders and agreements from www.custom-vids.com (hereafter CVS), with the exception of eventual other general agreements. These conditions are also applicable on all offers, orders and agreements of the webshop of CVS.

1.2 Accepting these conditions as well as placing an order implies you agree with the application of these Conditions.

1.3 Deviation of these terms is only possible in written form, in which case all other provisions remain in effect.

Article 2. Offers/agreements

2.1 All offers made by CVS are without obligation and CVS retains the expressive right to change the prices, particularly when this is obligatory on specific (legal) conditions.

2.2 An agreement only comes about after acceptation of your order by CVS. CVS reserves itself the right to refuse an order or apply certain conditions on a delivery, unless stated explicitly stated differently. When your order is refused by CVS, you will receive notice of this within two (2) working days after receiving your order. A reason for refusal can be that previous relations with CVS resulted in abusive use of our services or CVS is not allowed to deliver the provided service in your country.

Article 3. Prices and payments

3.1 The prices on the website are tax included and exclusive handlings- and sending carges or eventual other taxes and fees, unless stated otherwise or agreed upon in written form.

3.2 Payments are made up front by ordering a personalised movie or to be paid partially in case of a one-to-one session as a form of reservation.

3.3 Payment information will be provided to you after you placed an order. Your personal financial institution can make extra charges for international payments. Your payment will be accepted on the date when the account of CVS is credited.

3.4 Given te private nature of the services delivered by CVS no interest will be charged for payment default. Your order is only offically accepted after creditation of the account of CVS.

3.5 CVS is given the unlimited right to cancel your order when payment is not received.

3.6 When your payment is not transferred within 7 days after placing your order, your order will be automatically anulled. This timeframe only starts when both parties agree upon the content of the order in case of a custom video.

Article 4. Delivery

4.1.a. CVS puts everything to work to deliver your order as soon as possible but has to depend on the models that work for CVS. For Dutch models we try to deliver your order online within two weeks, with Engelish models within one month. The given delivery times by CVS are only indicative. CVS will inform you of eventual delays as soon as possible. The exceeding of any delivery time gives the customer no claim to any damage compensation nor any right to dissolve the contract and/or order, unless the delivery time is exceeded in such a way that it is no longer reasonable to hold the customer to the agreement. In that case you are entitled to anull the agreement and/or order if necessary. Given that all our products are made upon request the obligation to purchase proceeds any other obligation, in the sense that CVS can hold you to an extensive delivery time of two months before you can anull the order.

4.1.b. If your order implies an obligation to shoot on displacement, this will be clearly announced on the site. Delivery of such orders can easily take three to four weeks. You have to keep this into account when placing your order.

4.2 The delivery of our products will take place when all products are ready for delivery and sending to you. In some cases CVS will sent the deliveries partially as a special service. This is always a service and never a right.

4.3. In case a certain model is no longer available, but was not taken of the website before you placed your order, CVS will notify you as soon as possible and offer you a substitute service with another model for the amount of the placed order, or credit your account with the payment that you made, free of charge. The fact that a single product is no longer available is no legal reason to cancel the whole order, unless the items that are available and the ones that are not available have an obvious connection (e.g. if you only ordered one movie with a model that is no longer available, you can cancell the order, if you ordered two movies with two models of which one is available, only the movie with the unavailable can be cancelled).

4.4 CVS offers the possibility to download your order online. In this case you are allowed to burn the download on dvd. This excludes every right of reproduction and resale ! In such case no postal fees will be charged. After your payment you will receive an email which tells you when you can expect your order. In case of an online order your product will be available to you for download on a private part of the website. In case CVS comes to the conclusion that there is a case of abusive use of this video, this right will no longer be available to you and you lose every right to restitution. Abuse can be recorded when the movie is downloaded multiple times from different locations.

Article 5. Retention of title

5.1 The ownership of the supplied products is only passed after full payment of what is owed stated in your agreement with CVS.
The risk of products is passed at the time that the products are sent to you.

Article 6. Copyright rights'

6.1 You have to respect the intellectual and industrial rights which are included in the products and services delivered by CVS unconditionally.

6.2 CVS guarantees that the products and services you receive are free of any violation, written or unwritten, of intellectual and/or industrial ownership of third parties.

6.3 All content included in or made available through any CVS Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of CVS or its content suppliers and is protected by Luxembourg and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any CVS Service is the exclusive property of CVS and is protected by Luxembourg and international copyright and database right laws.

You may not extract and/or re-utilise parts of the content of any Amazon Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any Amazon Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Amazon Service (e.g. our prices and product listings) without our express written consent.

6.4 CVS's main service is the sale of custom made productions for private use. These movies are solely for private use and buying them gives no legal right to reproduce and/or resell the product in any possible form. CVS only grants a users right and no copyright which would allow you a right of reproduction or resale.

6.5 Given the private nature of the productions, CVS on its side is also not allowed to reproduce or resell the movies that are sold to its customers. The master copy of these productions is only kept in the databases of CVS to proof legal copyright ownership in case of (legal) disputes.

Article 7. Advertisements, liability and returning of products

7.1 You have the obligation to search the products at the time of delivery for possible defects. In case of defects (*) you have to inform CVS as soon as possible of this problem, which is seven (7) days after the time you received the product by mail or five (5) days when you can download the product online. This information has to be passed in writing by mail or postal mail wherein the you have to explain the nature of the defect..

(*) Defects : There is only a case of defect on material matters. This means that you can only call upon the rights that are applicable on defect products if your product itself has a material defect. This excludes the right to call upon this right when the video is not to your likings, given the private nature of all the movies and the fact that they are made to order. If the content of the movie is not to your liking, this is a result of not clearly stating your wishes concerning this order. You have the option to mail more than once before officially placing your order to make sure the movie is what you want it to be. If you have not included all your wishes in this process, the right to call upon a restitution based upon defect is not applicable.

7.2 When proven that the products don't answer to the agreement made with CVS, CVS will sent you a new product after you returned the defect product. Given the private character of the orders, it is not possible to claim any restitution from CVS.

7.3 Given the private nature of the products and services that are offered by CVS, it is not possible to return products to CVS and ask for a restitution. In case of a defect product you can only claim a right to a working product, after which a new dvd will be sent to you, or we will check online to see what went wrong if you can't download the product.
Returned articles without written or oral agreement will not be handled by CVS. You are also bound to the payment of the entire invoice. Returned sendings will not be accepted in any case in case of damaged packaging of the product and/or breaking of the seal.

7.4.a. In case of technical problems, like press error, you have a legal right to return the product. If this defect is also recorded by CVS, the postal fees will be credited to your account by CVS (add coupon of your postal office !) and we will return a new product, free of charge. In case the dvd runs perfectly in our office, we will be forced to charge you with the sending- and handlingcosts. If your dvd doesn't work because you have an older dvd player or a player that doesn't work as it should (players have a life expectancy of around 5 years) you have no legal right to return the product. CVS always advises you to use the product on a second, newer dvd-player, or to use a lenscleaner on your dvd-player.

Scratches and stains on dvd's are no valid reasons to return the dvd's as every product is ALWAYS checked on this before they are sent out to the client.

Article 8. Orders/Communication

8.1 For miscommunication, problems, delays or not properly passing and receiving of orders and communications as a result of the use of Internet or any other communication device in the communication between you and CVS, or CVS and third parties, as far as this is appliccable on the relation between you and CVS, CVS is not liable for any problems resulting out of it, unless there is malice or gross negligence on the side of CVS.

Article 9. Our liability

9.1 CVS and will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.

9.2. Force majeure as an exception to article 9.1

Force majeure means every shortcoming which cannot be linked to CVS, since it is not the result of a personal negligence or mistake or every shortcoming that is not applicable to CVS by law, legal act or general standards.

The previous condition does not limit the right of CVS to delay or cancel the agreement without legal interference, after a written announcement to your person and without being held to any right of indemnity on your side, if this would be unacceptable given normal and generally accepted standards of righteousness and/or reason in case of force majeure.

Force majeure excludes any negligence and/or shortcoming on the side of the customer, which results in the impossibility for CVS to abide to the contract between both parties.

In case of force majeure on the side of CVS, your payment will be credited on your account when CVS has not payed out models and shot the movie at this time.

9.5 Examples of force majeure and their customer

- Sick model which delays the delivery : delivery will be delayed unless you cancel the shoot before this shoot is planned. In this case we will abstract charges that were made to make these reservations. If the model is sick for over one month, we will take fifty percent of this amount to our account.
- Model gets pregnant : your order will be fully credited or you can choose a new model with the same action
- The producers get sick : we have a team of three producers, worst case scenario, the shoot is delayed, but there is a small chance that this will ever happen

This list is not limited and can only be adjusted by CVS. In case the list is adjusted between the time a video is ordered, and force majeure takes place, the customer will be informed of this fact.

Article 10. Others

10.1 When you pass an order to CVS and you want to receive a hard copy of your product and/or use our temporary option to receive a free item, you need to pass your living location. This address will be used by CVS to sent all orders, unless you pass other information to CVS. This information can be sent by mail.

10.2 If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

10.3 The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights. However, this does not render the whole contract void. In this case CVS will replace the applicable terms by new acceptable and equally legal terms.

10.4 CVS has the right to use third parties in the creation of your order.

Article 11. Delivery fees

11.1 The delivery fees are only 10 euros for an unlimited amount of titles. For all deliveries that are part of the same order and sent on a later date, no new charges will be held to your account. We want to remind you that making partial deliveries is always a right and not a duty on the part of CVS.

11.2 CVS holds the explicit right to change delivery fees.

Article 12. Applicable law and court


12.1 On all rights, obligations, offers, orders and agreements on which these Conditions are appliccable, as well as these Conditions, only Dutch law is applicable.

12.2 In case of a dispute, both parties agree to come to a settlement outside of the courtroom.

12.2 In case both parties don't come to an agreement as stated in the previous term, the dispute will bring their claim in front of the qualified Dutch court.

DCVP- DUTCH CUSTOM VIDEO PRODUCTIONS
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