General terms of sale and of Use
Every person who reaches the site of T-Video http: // www.t-videoprod.com makes a commitment to respect the present conditions of use which can for certain services(departments) be completed by particular conditions.
T-Video is not responsible for the use(custom) of the data, for the spread(broadcasted) contents or for the services(performances) of another person and who, in particular, would not respect the regulations in force.
ACCEPTANCE OF THE CONDITIONS
The customer confides(entrusts) to T-Video the manufacturing of one or several assembly (ies(editing (s)) of videos and/or photos. The assemblies(editings) are realized by a professional fitter(editor).
The present General terms of sale apply in the day of the command(order) by the customer of the assemblies(editings). It will be worth acceptance by the customer of the present General terms of sale, and thus conclusion of the contract. The present General terms of sale will be valid between the parts(parties). It is thus up that to the customers of lira attentively the capacities(measures) which are going to follow, because set(group) these establishes(constitutes) a contract formalizing the contractual relations with T-Video.
T-Video reserves the right to modify at any time General terms of sale. The customer accepts the use of the service(department) supplied by T-Video as is.
The customer declares to have the capacity and to hold(detain) the powers and the necessary authorizations to contract. The customer refrains to use false information or to use the information of third(third party). The signing of command(order) is confirmed by T-Video by e-mail either by another way(means). This confirmation informs the customer that the command(order) was well recorded by T-Video but could not be interpreted as an acceptance of the command(order). In the conclusion of the contract, T-Video is in charge(is loaded) of the execution of the command(order). The real manufacturing of the assemblies(editings) can be made only after the complete payment of the amount corresponding with order with T-Video.
T-Video reserves the right to refuse a command(order) in particular (without this list is restrictive) in case of impossibility to execute the service(department), of excessive(unfair) demand(request) of the Customer (such as defined by the jurisprudence), of violation of the contents of the legislation and the regulations in force, the infringement of rights of others, assumption of impossibility for the customer to contract or to execute the contract.
PRICE(PRIZE) AND PAYMENT
T-Video reserves the right to modify the prices(prizes) at any time. The amount of the command(order) will be determined by current prices to the order date. The prices(prizes) mentioned in the confirmation of command(order) establish(constitute) the definitive prices(prizes), expressed in euros inclusive of all taxes. These prices(prizes) include the expenses of delivery, being the latter chargeable to the customer.
The payment is made on-line by means of a system of secure payment, or by any other way(means) mentioned on the site. According to data protection acts of January 6th, 1978 Modified by the law of August 6th, 2004, the personal information of the customer is protected and coded during the transmission in the center of treatment(processing) of banking payment. The command(order) validated by yourself(by your care) will be considered effective only when the centers of banking payment concerned will have given their agreement. In case of refusal of the centers of banking payment, the command(order) will automatically be cancelled and the customer will be warned(prevented) by any ways(means) chosen in the discretion of T-Video.
T-Video is solely responsible for the choice of the carrier. The expenses of delivery are chargeable to the customer. If nothing else is specified, T-Video sends the delivery to the address given by the sender. In case of deterioration of the delivery dûe directly to the customer or to the retreat(withdrawal) by the customer of its command(order) at the carrier, T-Video cannot be held responsible.
T-Video makes as possible a commitment to mutualize the commands(orders) crossed(spent) at the same address. In the case of a delivery aimed at(bound for) the DROM-COM, these expenses do not include the rights of taxes and possible customs duties to be settled(adjusted) by the customer. The amounts of these taxes depend on the regulations in force in every territory of destination. It is thus up to the customer to inquire with the concerned local authorities, the necessary information and to watch to respect the formalities specific to the import on the territory of destination.
LIMITATION OF RESPONSIBILITY
T-Video is kept only in a best effort undertaking for in particular (without this list is restrictive) the access to the site, the delivery or the later(posterior) services(departments)
The customer has 15 calendar days as from the delivery, to send in writing his complaints concerning his command(order) with T-Video. After this deadline, the customer will be considered as having accepted definitively the delivery and the customer can exercise any more no complaint. In case of exclusively attributable failing realization to T-Video namely restrictively, the bad realization of assemblies(editings) with regard to(compared with) the command(order) of the customer) and subject to the strict respect by the customer of the deadline(extension) of complaint, the compensation of the customer can be studied. T-Video can be held responsible on no account for losses resulting from inadequacies on the present supplied service(department).
T-Video incurs no responsibility for any direct or indirect damage (such as in particular: operating losses, losses of profit, loss of luck(chance) or losses of income), either other damage of all kinds or any miscellaneous expenses, as a result of a quality of the service(department) considered by the customer insufficient.
RIGHT TO WITHDRAW
According to provisions of the article L. 121-20-2, 3 of the Code of the Consumption, the right to withdraw cannot be exercised for the properties(goods) made according to the specifications of the consumer or clearly personalized. Consequently, the right to withdraw is excluded in the case in point for the customers.
RIGHTS OF INTELLECTUAL PROPERTY
The customer declares to hold(detain) all the intellectual property rights relative to files photos, videos, musical or graphic and in a general way for all the documents which he confides(entrusts) to T-Video. He(it) so guarantees to T-Video that no passed on(transmitted) element, allows a third(third party) to claim intellectual property rights or quite different privative right(law). The responsibility of T-Video cannot consequently be committed(hired) in case of third party claim bound(connected) to the data supplied by the customer.
In any case, the customer makes a commitment to indemnify T-Video for all the financial consequences bound(connected) to a legal action or a complaint emanating from third(third party), consecutive in particular to the sending, the distribution(broadcasting), the use(custom) or the transmission of contents made by him, as well as during the use of the Services(Departments), the violation of General terms of sale, or the infringement of rights of others.
PROPERTY OF THE ASSEMBLIES(EDITINGS)
The assemblies(editings) or more generally any good(property) freed(delivered) by T-Video stays the property of T-Video up to the complete payment by the customer.
The customer makes a commitment to supply with accuracy, all the elements relative to his personal data and required in particular during the process of command(order). In case of erroneous information, T-Video cannot be held responsible for the impossibility to forward one or several commands(orders) of the customer. This information is essential to T-Video to treat any command(order).
T-Video reserves the right to collect data on the customer. Your personal data are kept(preserved) in France and no datum will be passed on(transmitted) in thirds(third parties) without the agreement of the customer.
T-Video assures(insures) the confidentiality. However, he(it) is of the responsibility of the customer to assure(insure) the protection(saving) of his(its) files. T-Video cannot be held responsible for the loss of data of the customer or for their accidentelle.t destruction.
Besides, the customer declares to pass on(to transmit) all the elements via the post office or by internet (videos, music, photos, graphics standards, etc.) of his/her own free will, with the aim of making realized an assembly(editing) by T-Video.
STORAGE OF THE DATA
The customer accepts that T-Video can modify at any time the durations of detention of the passed on(transmitted) assemblies(editings). T-Video grants(tunes) no guarantee as for the data retention. The customer cannot consider T-Video as person in charge in case of loss of data, the customer making a commitment to make copies of protection(saving).
USE OF the SERVICE(DEPARTMENT)
T-Video is authorized to verify the contents of the data and/or the photo albums passed on(transmitted) by the customer. The customer is solely responsible for the contents and the transferred materials.
The customer makes a commitment not to use the Service(Department) for: download, send, pass on(transmit) by every possible means any illegal, harmful, threatening, excessive, constituent contents of harassment, slanderous, vulgar, obscene, threatening for the private life of others, resentful, racist or otherwise reprehensible. In case T-Video notices a use(custom) ofService(Department) against the present General terms of sale, T-Video reserves the right to delete(eliminate) the contents. For the contents liable to penalty, T-Video will alert(notify) competent authorities. In case of complaint of third(third party) concerning the contents of data of a user, T-Video will make the possible maximum to restore a healthy situation, but can be held responsible on no account for the distribution(broadcasting) of data.
FAILURE OF NETWORKS
The customer declares to know and to accept specificities and limits of Internet, and he recognizes to be informed in particular that the Internet networks can post(show) technical performances and very variable times(weathers) of answer during transfers of data. The data transmission (except the information passed on(transmitted) to make the on-line payment) is neither protected nor coded, what means that the information and the files which circulate via Internet are not inevitably protected, in particular against the possible misappropriations(diversions). The customer thus agrees to download all data under his full responsibility. Consequently, the customer recognizes that the communication of everything typifies of information whom(that) he considers confidential is made under his(her,its) full responsibility. So, the customer makes a commitment to do what's necessary to protect his personal data, sound or his computer systems as well as his software, some contamination by any sorts of malware (virus, spyware etc.) which circulate on the Internet network. Generally speaking, the customer is solely responsible for the use(custom) of the data which he consults, questions and transfers on or via Internet, as well as of the use of the diverse services(departments) proposed by T-Video about whom the responsibility could not be committed(hired) in any respect whatsoever.
In the hypothesis where one of the clauses of the present contract would be declared nobody following a change of legislation, regulations or a judicial decision, she(it) could not affect(allocate) the validity of the present General terms of sale. The present Terms of sale establish(constitute) all of the agreement crossed(spent) between T-Video and the customer. The defect for T-Video to exercise the rights which are recognized by him(her) in application of the present does not establish(constitute) a renunciation for the future to assert to right these rights.
In case of force majeure, the obligations(bonds) of T-Video are suspended during the duration of emergence. The blocking of telecommunications, the blocking or the unavailability of the Internet networks, the breakdown of the material(equipment) spreading(broadcasting) the service(department), the fire are considered as establishing(constituting) cases of absolute necessity, besides those usually held(retained) by the jurisprudence, the water damage, the blocking of the means of transportation or supply, the all-out or partial strike. None of the parts(parties) can be held responsible to the other one, and no compensation(allowance) can be asked him(her), in conformance with(for) the delays or the harmful consequences Due to the one or several of these cases of absolute necessity. If beyond a period of three months, the parts(parties) notice the obstinacy of the force majeure, the present general conditions will be cancelled automatically and by rights, unless otherwise agreed between both parts(parties).
The present General Conditions and the relation enters t-videoprod.com and the users will be subjected(submitted) to the French law. Quite various which would not have been able to find an amicable outcome(exit) within two months will be carried(worn) before the courts competent of Paris.
The majority of the contents and the on-line services(departments) on the www.t-videoprod.com portal(gate) are proposed in French and in English. In case of dispute, it is the French language which will be valid.