Conditions of Use
TERMS AND CONDITIONS OF SALE
1.) Scope and juristication
The following terms and conditions of sale apply to all DVD sales made by G-Media Internet Service Corp., Enschede / Netherlands (hereafter called G-Media). These terms and conditions of sale are considered as accepted with receipt of you order or at the latest with the payment. Oral agreements or references to the terms and conditions of sale of a customer/client will not in any case be accepted herewith. Place of jurisdiction of G-Media is in Enschede, Netherlands.
2.) Notice in regard to product documentation
G-Media does not guarantee or safeguard to the correctness and accuracy of information in provided in its instructions, prospects and manuals. G-Media reserves the right to change or further develop the design and look of the DVDs. Rights against G-Media cannot be asserted in regard to discrepancies found in any prospects or manuals.
3.) Prices and terms of payment
All prices for Customers located within the European Union, if not explicitley marked otherwise, do include the valid tax and VAT / BAT. Prices for Customers located outside the European Union are shwon without the VAT / BAT. All receivables are due upon issue of an invoice and are due within 14 days from date of sale, unless they have already been debited via a valid credit card. In case of late payment or debit entry G-Media reserves the right to charge interest in the height of 5% p.a. of the net sale value. This interest rate is based on the basic interest rate of the European Central Bank (ECB) according to article 1. The customer/client automatically comes into default if he does not respect the legal requirements of payment within 30 days after receipt of the invoice.
4.) Returning / Query
The customer has the obligation to notify G-Media regarding damages or Production mistakes immediately after delivery. He is get a replacement as soon as possible without any costs. In that case that a replacement is not possible within a short time, he will receive a refund.
5.) Delivery dates for goods and services
All delivery terms apply only under reserve. G-Media will no take over any responsibility for abidance of stated delivery deadlines, especially when third parties are involved in delivery (e.g. Parcel Service.). In case of delivery delays due to force majeure or difficult conditions in regard to delivery like business disruption, strikes, material acquisition problems, official directives and similar, G-Media can not be held responsible. G-Media reserves the right to delay the delivery accordingly as well as reasonable additional respite, which normally would not exceed 14 days. In case of a specific modifications this may in some cases be longer and G-Media will in this case not be liable for arrears in delivery, unless a specific delivery date was defined previously. The customer/client has a right to indemnity of maximum 5% of the sale price if G-Media fails to deliver within the agreed time span. All other forms of indemnity will not be acknowledged.
6.) Warranty and liability
The DVDs and the related files are sold as they are, without guarantee in regard to performance or marketability or other guarantees. The Customer has the right to demand a rectification of defects. ( Related to No. 4 ) . G-Media will not be liable for claims in regard to damages caused by use of the DVDs to the Customer’s data, software or hardware.
7.) Reservation of title
The delivered product remains property of G-Media, until all account receivable have been settled in full. This right remains unchanged even in regard to third party claims. In case of non settlement of accounts receivable G-Media reserves the right to terminate or withhold access to the Customers area.
8.) Patents and copyrights
The right of copyright for all G-Media DVD products lies solely by G-Media. This copyright also includes all related product files, instructions, brochures and manuals. The DVDs are copyrighted by international law. The Customer must there handle the product like any other copyright protected material. The Customer is required to report any violation of copyright in written form as soon as such information becomes know to him. G-Media guarantees that the content of the DVDs is in full compliance to the Netherlands laws and also to the international general accepted record-keeping requirements of 18 United states Code 2257. Further G-Media guarantees that the models are over 18 Years. Proof on file.
9.) General terms
If any of the above terms are not valid or can be challenged, then all remaining terms are not affected by such. Changes or oral agreements require written confirmation. The laws of the Netherlands apply in all cases. The application of the United Nations Convention on Contracts for the International Sale of Goods – CISG does not apply. In case of queries in relation to these terms and conditions of sale contact:
G-Media
Postbus 11030
7502LA Enschede
Netherlands
