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- Conditions of sale
The fact of confirming the order implies that the customer bought the presented
goods and accepted this sale contract. The purchase of a product or service presented
on the DVD-Expert.com Web site implies the acceptance of the conditions mentioned
under the heading "information". The transactions between the customer
and DVD-Expert.com are controlled exclusively by these binding conditions and
in any case take precedence over any other condition sent by the customer or being
reproduced on his documents.
- Object of the sale
The present contract concerning goods or services is concluded between the customer
and DVD-Expert.com within the framework of an on-line system.
- Essential characteristics of the goods and services offered and technical
data
The articles and services sold to the customer correspond to the description appearing
for each product and service. However photographs illustrating the products bear
only an indicative value. In no case could the responsibility of DVD-Expert.com
be retained in the event of any difference between the representation of the product
or service on the site and its real aspect at delivery. DVD-Expert.com is not
the manufacturer of the offered products. All technical information, data and
dimensions rest on the indications of the respective manufacturers and do not
constitute a guarantee of DVD-Expert.com concerning these specific properties.
DVD-Expert.com holds no responsibility for the possible printing or transmission
errors.
- Engagement related to the acceptance of the order or its cancellation
The acceptance of the order is carried out thanks to the data capture appearing
on a screen page. The confirmation of order implies the acceptance of the general
conditions of sale of DVD-Expert.com and binds the customer irrevocably. His acceptance
could not be later called into question. The automatic order registration system
set up by DVD-Expert.com is regarded as being proof of the conclusion of this
sale contract. Consequently, the customer order acts as confirmation and cannot
be cancelled. Therefore, DVD-Expert.com will not accept any cancellation of order
for products specifically ordered for the customer and not being reproduced on
its site and/or for which it does not hold stock. For instance, the orders concerning
the licences of software and software packages, the computers, the portable computers,
the servers, cameras, video cameras, as well as certain consumables such as ink
ribbons, data carriers, toners, cartridges for printers, sprays, etc., cannot
be cancelled. This list is not exhaustive. In case of doubt, the customer can
consult DVD-Expert.com concerning this matter.
- Price
Prices are expressed in Euro or Swiss Francs, according to the option chosen by
the customer. All prices are indicated Net of tax. The VAT rate applicable on
the day of the order will thus be added to the selling price, according to the
country from which the order was passed, together with the delivery costs. The
amount of these expenses is indicated at the time of the transaction of the order
and depends on the weight of the parcel(s) as well as the destination. All prices
are indicative prices and are applicable during the customer's connection time
to DVD-Expert.com site, except in case of printing, writing or calculation errors.
DVD-Expert.com reserves moreover the right to carry out reasonable increases in
tariff, should a rise in tariff intervene after the publication of the concerned
products.
- Confirmation of order
The customer receives an electronic confirmation of order (e-mail) after having
placed his order. This confirmation mentions the date of the order, the ordered
product(s) or service(s), the sale's price, the delivery costs, as well as the
payment method. The contents of this confirmation is filed by DVD-Expert.com and
is valid as proof of the agreement of the customer to the present transaction.
Any order placed by the customer is regarded as final. It urges the latter to
carry out the payment of the good or service according to the method of payment
chosen by DVD-Expert.com (see "Methods of payment"). In the case of
services, the whole amount is due at the beginning of the mandate, and that even
if the customer were to later on decide not to want to make use, or to make only
partially use, of the service in question.
- Methods of payment
Payment of the ordered goods and services occurs at the time of the order by CREDIT
CARD via Klik&Pay, a worldwide famous body at the disposal of DVD-Expert.com
and specialized in protected payment, according to their general conditions. Klik&Pay
guarantees a highly protected transaction of the data and payment of the customer
(see "Confidentiality"). The customer will be able however to revoke
his payment order in the case of a fraudulent use. DVD-Expert.com reserves the
right to execute the orders of new customers or current customers against refunding
or prepayment. For the customers residing in Switzerland, and after duly confirmation
from DVD-Expert.com, the payment can be made via BVR (bulletin of payment) sent
with an invoice by mail. The delivery will be carried out once the payment is
recorded by DVD-Expert.com on their bank account. Other conditions, such as cash
on delivery or payment at 10 days can be individually negotiated with DVD-Expert.com
and must be approved by the latter. In case of the non-observance of the terms
of payment, DVD-Expert.com reserves the right to take a 7% interest on arrears,
as well as administrative expenses.
- Reserve of property
Delivered goods remain the sole property of DVD-Expert.com until complete payment
or balance of payment of the invoice. DVD-Expert.com has the right to proceed
to a corresponding inscription in the register.
- Delivery
If the product is not available, the customer will be informed as soon as possible
and will be able to require the refund of the paid sums, to choose an exchange
or to accept a delayed delivery. In the event of cause beyond control or reasons
independent of its will (fire, water damages, strike, suspension of the activity
of suppliers, etc), DVD-Expert.com is released from its obligations of delivery
and will inform the customer as soon as possible. The delivery takes place at
the delivery address indicated by the customer. The delivery costs are paid by
the customer. The ordered goods travel at the risks of the customer. Upon receipt
of the goods, the customer checks the general aspect of the goods. Any dispute
is to be announced in writing within 48 hours to DVD-Expert.com, as well as to
the transporters (post service or fast courier) who carried out the delivery.
In all cases, DVD-Expert.com cannot be held responsible for the delay of delivery
caused by the manufacturer or the various post or fast courier services whom it
works with. If an order cannot be delivered in a one-time-only basis, the delivery
costs will be invoiced only for the first part of the delivery. DVD-Expert.com
reserves the right to deliver substitution articles of equivalent quality.
- Complaints and return
Complaints must be notified within 48 hours from the receipt of the goods, or
else the delivery is considered as accepted. The "consumable" articles
ordered on DVD-Expert.com Web site, such as, but not exhaustively, DVDs, CDs,
carrying cases, software packages, etc, cannot be returned in case the seal has
been broken or they were opened. In the case of other products, these can be returned
as is and in their original packing, complete and in perfect operating condition,
within 14 days from the date of invoicing or of date of payment by the customer.
In the event of non-observance of the conditions of return enumerated above, DVD-Expert.com
reserves the right to proceed to a deduction corresponding to the damage on refunding
of the product. Are excluded from the right of return the articles especially
bought for the customer and for which DVD-Expert.com does not hold stock. In the
event of order of one of these articles, the conditions above will be specifically
mentioned again to the customer. As an example, are excluded from return the licences
of software, the computers, the portable computers, the servers, cameras, video
cameras, as well as certain consumable such as labels, data carriers, ink ribbons,
toners, cartridges for printers, sprays, etc, as well as software packages, if
original boxes were open. This list is not exhaustive. In case of doubt, the customer
can consult DVD-Expert.com on this matter.
- Warranty
Certain goods come with a legal warranty from the manufacturer. Should it be the
case, it will be indicated on the invoice and covers all the defects which the
ordered product could have. The invoice acts as "completion bond". The
warranty starts to run from the date of the invoice. In the event of defect announced
by the customer, DVD-Expert.com will assist the latter in obtaining compensation
for the damages from the manufacturer of the good. To this end, the defective
material must be returned to DVD-Expert.com in its original packing, accompanied
by the copy of the invoice. In no case will DVD-Expert.com be held responsible
to repair the damage caused by the defective good. The warranty excludes all damages
resulting from an erroneous operation or intervention from the customer, any problem
due to normal fair usage of the goods, as well as any defect due to the negligence
or a misused maintenance from the customer, or if the dysfunction results from
a cause beyond control.
- Responsibility
The customer is personally or collectively (in the case of a product bought by
a company) responsible for the choice and use of the products. Any compensation
is excluded insofar as it was not caused deliberately or by negligence by DVD-Expert.com.
DVD-Expert.com does in no case answer for damages caused directly or indirectly.
- Applicable law
Commercial activities of DVD-Expert.com are exclusively based on the Swiss law.
The company is registered by the Swiss “Register of Commerce” and subjected to VAT (no. 600968). In the event of litigation or dispute or claim, the contract signed between the
customer and DVD-Expert.com will therefore be governed by the Swiss, as well as
cantonal law applicable in Lausanne, Switzerland.
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