General Terms and Conditions
This document sets out the terms and conditions on which we license our DVD & Blu-Ray packages (Product or Products) to you (the Licence). Please read these terms and conditions carefully before ordering any Products. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
1. information about us
The distributing Company is registered in Greffe du Tribunal de Commerce de Annecy (RCS 518 308 978 ANNECY).
UNIVERS DITVIN - DAHU PRODUCTION
56 rue du président Faure
74800 La Roche sur Foron
On internet: www.univerditvin.com
2. How the contract is formed between you and us
2.1 Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you in writing that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Order Contract) will only be formed when we send you the Dispatch Confirmation.
2.2 The Order Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
2.3 These Terms and Conditions apply to the Order Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course dealing.
3. Availability and Delivery
3.1 Your order should be delivered by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
3.2 We may at any time notify you of delays in the dispatch or delivery of the Products and may, at our discretion but only if deemed necessary, amend the dispatch or delivery dates accordingly.
4. Risk and Title
4.1 The Products will be at your risk from the time of delivery.
4.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery costs.
4.3 You will be liable for the full cost of replacement of Products in the event of loss or damage, howsoever caused or arising.
5. Price and payment
5.1 The price of any Products will be as quoted from time to time, except in cases of obvious error. Prices quoted are for the Subscription Packages referred to in table above.
5.2 The prices quoted exclude VAT and delivery costs, which will be added to the amount due.
5.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
5.4 Payment for all Products must be by Paypal Shopping Website.
6. The licence
6.1 If you are a company or other organisation the Licence permits you to use or make available the Products for education and training purposes to your officers, employees and those persons whose services are contracted principally to you.
6.2 The Licence is granted solely to you and does not extend to other companies, organisations, individuals or partnerships , whether or not connected or associated with your company or organisation, group member or franchisee or otherwise, or officers or employees of such companies or organisations.
7. Restrictions on Use of products
7.1 All copyright, trade marks, design rights and other intellectual property rights (registered and unregistered) in respect of the Products and all content contained in our promotional material or on our website shall remain vested in us.
7.2 Under no circumstances will you be entitled to:
(a) Copy or duplicate a Product in whole or in part;
(b) Translate, edit, amend, modify or add to a DVD or Blu-Ray Product; or
(c) Sell, rent, lend or sub-licence a Product.
8. Our refunds policy
8.1 In the unlikely event that you receive Products which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your Dispatch Confirmation, we shall, at our own option, make good any shortage or non-delivery, replace or repair any damaged or defective Products, or refund to you the amount you paid for the Products in question provided you notify us of the problem in writing at the address stated in the Dispatch Confirmation within 10 working days of delivery of the Products provided the products are returned to us before replacements are dispatched. Nothing in this section affects your statutory rights.
8.2 We will endeavour to refund any undisputed sums owed to you using the same method originally used by you to pay for your purchase.
9. Our liability
9.1 We warrant to you that any Product purchased from us is of satisfactory quality and reasonably fit for the purpose for which products of the kind are commonly supplied.
9.2 Our liability to you is limited to the purchase price of the Product you purchased.
9.3 This section will not exclude or limit in any way our liability:
(a) for death or personal injury caused by our negligence;
(b) under section 2(3) of the Consumer Protection Act 1987;
(c) for fraud or fraudulent misrepresentation; or
(d) for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
9.4 We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or for any indirect or consequential loss arising under or in connection with these terms and conditions or an Order Contract including any losses that may result from a deliberate breach of the terms and conditions or an Order Contract by us, our employees, agents or subcontractors.
9.5 The content of the Products and any associated materials relates to various training scenarios and is provided as a guide only. The Products and related materials are provided as training aids and for the avoidance of doubt we accept no liability whatsoever for any damage or loss, direct or indirect, arising from your use or interpretation of the Products, associated materials and the content therein.
10. Import Duty
10.1 If you order Products for delivery outside France, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
11. restriction on export
Save as otherwise permitted by law, you may not export the Product or view it outside the country to which it is initially delivered without our prior written consent
12. Entire agreement
12.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between you and us and supersede any previous arrangement, understanding or agreement between us, relating to these terms and conditions or the subject matter of any Order Contract.
12.2 We each acknowledge that, in entering into any Order Contract neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that Order Contract or not) other than as expressly set out in these terms and conditions.
12.3 Nothing in this section shall limit or exclude any liability for fraud.