Terms and Conditions of sale
GENERAL TERMS AND Conditions OF SALE
Introduction
SC 4K Broadcast Solutions SRL (hereinafter referred to as “the Supplier”), a public limited company with its registered office at 19, Viesparilor 020641 Bucharest, Romania, Company Register no. J40/22630/3.12.07, publishes and administers the commercial website accessed at www.4k.ro (hereinafter referred to as "4k" or “the Site”) offering for sale articles frequently used in shooting films and TV shows.
On the Site the Supplier places on line an ordering system available to its customers, who are for the most part film professionals.
1. Scope of Application and Amendment of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale (hereinafter referred to as “General Terms and Conditions of Sale”) are fully and unreservedly applicable to the whole of the goods offered for sale by SC 4K Broadcast Solutions SRL on its website www.4k.ro
Sales are exclusively governed by these General Terms and Conditions which take precedence over all other terms and conditions, in particular those originated by the Customer.
By reason thereof the fact that a legal or natural person places an order on 4K’s website implies full and entire acceptance of these General Terms and Conditions of Sale. They are at all times accessible on the Site and shall take precedence over any other version whatsoever.
The data recorded by the Supplier shall constitute proof of all transactions in the absence of proof to the contrary.
2. Availability of Goods
Goods and prices shown shall be valid so long as they appear on the Site, subject to availability of stock.
Information concerning the availability of goods shall be provided at the time the order is placed.
The Supplier shall have no liability in respect of any error in updating stocks, however it arises.
The Supplier undertakes in the event of unavailability either to deliver to you the product ordered or to reimburse you for the value thereof within 30 days of validation of the order.
3. Validation of Orders and Electronic Signature
The Customer shall select on the site the goods he wishes to order.
Pursuant to Act n° 2000-230 of March 13 2000 relating to electronic signatures, any order form signed by the Customer by clicking on the button "place the order" constitutes irrevocable acceptance which can only be reviewed within the circumstances prescribed in these General Terms and Conditions of Sale.
The click in conjunction with the authentication and non-repudiation procedure and protection of message integrity constitutes an electronic signature. The said electronic signature is as valid as between the parties as a handwritten signature.
4. Prices
Prices are displayed on the Site in Euro s. They do not include processing, dispatching and transport fees (hereinafter referred to as “transport fees")
Payment is made in Euro s. Any extra cost intrinsic to an order placed in another currency shall be borne by the Customer.
The Supplier reserves the right to vary its prices at any time but agrees to apply the tariffs then in force which will have been given to you at the time of your order, subject to availability on the said date.
Then price shown in the order confirmation by the Supplier shall be the final price. The payment itself shall not be deemed to be final until after effective encashment of the monies by the Supplier.
Sale prices for the goods are exclusive of tax and are guaranteed subject to variation of the French VAT rate. Any amendment of the said rate shall be immediately reflected in the sale prices.
Processing, dispatching and transport fees shall be borne by the Customer and shall be invoiced additionally to the prices of the goods according to the amount of the order. The amount of the said fees shall be notified upon validation of the order by the Customer.
5. VAT and Taxes
5.1 Delivery within Metropolitan Romania.
Articles ordered shall be subject to the Romanian VAT and payment therefore shall be increased by the amount of transport fees.
5.2 Overseas Delivery
Any order involving overseas delivery shall be exempt from metropolitan VAT. The said exemption shall apply to the sale price of goods and transport costs. The entire transaction shall be invoiced tax free. On the other hand, upon arrival of the package the Customer shall be obliged to pay customs on his merchandise and pay duties and taxes for entry into the department[1][1] or territory.
5.3 Delivery within the European Community
Articles ordered are subject to the French VAT as well as the transport costs if the Customer is a private individual, while if the Customer is a professional, he benefits from the tax refund for goods and transport costs. On the other hand, upon arrival of the package the Customer shall be obliged to pay customs on its merchandise and pay duties and taxes for entry into the department or territory.
5.4 Delivery outside the European Community
The Customer benefits from the tax refund for goods and transport costs. The invoice shall be made up exclusive of French VAT. On the other hand, the Customer must pay the duties and taxes on entering his country and satisfy himself beforehand that importation of the goods so ordered is authorized in his country.
6. Methods of Payment and Protection
Payment shall be secure and made by bank card, cheque or transfer. The placement of an order by clicking on the payment icon shall imply full and unreserved acceptance of these General Terms and Conditions of Sale by the Customer.
Failing proof to the contrary the data recorded by the Supplier shall constitute proof of all transactions.
Payment shall be made on a secure site specializing in on-line payments.
Payment itself shall not be deemed to have been definitely made until after actual encashment of the funds by the Supplier.
6.1 Security
The particulars of the Customer’s credit card shall be encrypted using the SSL (Secure Socket Layer) protocol and shall never be transmitted in open uncoded form on the internet. Payment shall be made directly to the bank.
6.2 Default on Payment
The Supplier shall not be obliged to carry out delivery of goods ordered by the Customer if the same does not pay it the price of the goods under the terms and in accordance with the methods hereinafore prescribed.
The Supplier also reserves the right to refuse performance of a delivery or to honour an order from a Customer who has failed in whole or in part to make payment for a previous order or with whom a payment dispute is on foot.
6.3 Anti-Fraud Monitoring
The Supplier shall monitor all orders validated on its site. The said monitoring is aimed at protecting the Supplier from unlawful practices by perpetrators of fraud. Pursuant to the said procedures, the Supplier may request from the Customer all necessary documents for releasing its order : proof of domicile and debit in your name, etc. The said requests shall be made by e-mail.
7. Dispatching the Order, Time and Carriage Costs
Total delivery time (which includes computerised processing of the order, its preparation, its dispatch, and its transport by the carriers) is given as an indication only and cannot be in any way guaranteed.
The order shall be dispatched as from acceptance of the payment by bank card.
Articles shall be sent by Postal Service, using DHL, or UPS, and shall be delivered to the address provided by the Customer in his order on the website.
As an indication only, shipment time shall be 48 hours for Metropolitan Romania. For the European Union and abroad, it shall be from 2 to 14 days indicatively depending on the zone.
The Supplier undertakes to use its best endeavours to have the goods ordered by the Customer delivered within the time limits set out herein above. The said times are given as an indication only and any overrun shall not give rise to any loss and damage claim, retention or cancellation of the order by the Customer.
Delivery shall be deemed to have been completed as from handover of the goods ordered by the Supplier to the carrier. Hence the goods shall travel at the Customer’s risk.
The Customer shall be required to verify the condition of the goods delivered. He has a period of three (3) days from delivery in which to make a claim in writing (whether by postal mail, electronic mail, or facsimile) against the Supplier for non-compliance or patent defect with respect to the goods delivered. Beyond that time the goods shall be deemed to be in conformance herewith and free from any patent defect.
8 . Cooling Off Right and Return of Merchandise
Pursuant to law a non-professional Customer has a 7 day cooling-off period as from delivery of the goods in which to return the same to the Supplier for exchange or reimbursement, provided that the goods be returned in their original packaging and in perfect condition within thirty (30) days of delivery.
Notwithstanding the foregoing it is stipulated that audio or video recordings (CD or DVD) which have been unsealed cannot be returned (Article L121-20-2 of the Consumer Code).
Reimbursement for articles so returned shall be paid after verification of the condition of the same.
The costs of return shipping shall be solely borne by the Customer.
Reimbursement shall be paid either by cheque to the customer’s order or by re accrediting bank account.
Should the said terms not be adhered to, no reimbursement for the goods shall be made and the same shall be returned at the customer’s expense. It is recommended that the Customer should contact the Supplier before commencing a return process.
9. Supplier’s Liability – Warranty
No warranty by the Supplier shall apply in the event of misuse, negligence or lack of upkeep on the Customer’s part, nor in the event of normal wear and tear of the goods or force majeure.
Goods sold on the Site comply with the regulations in force in France. The Supplier shall in no wise be held liable for breach of the statutes in the country in which the goods are delivered, which is for the Customer to check.
Display photographs of the articles and illustrations accompanying goods on the Site shall have no contractual effect and hence can in no way render the Supplier liable.
The Customer shall have sole responsibility for the choice of goods, their preservation and their use.
The Supplier shall not be held to be liable or in default for any delay or non-performance arising from the occurrence of a force majeure event customarily recognized by Romanian law.
10. Data protection and Privacy Act
Pursuant to Act no. 78-17 of January 6 1978, it is noted that personal data requested of the Customer are needed for processing his order and are intended for internal use by the Supplier. The said personal data may nevertheless be provided to third party partners of the Supplier. Therefore the Customer enjoys the right to access, alter, correct or dispute information about him.
He can exercise the said right in writing by post with proof of his identity, to:
SC 4K Broadcast Solutions SRL
Viesparilor 19
020641 Bucharest, Romania
11. Jurisdiction – Governing Law
IF THE CUSTOMER IS ACTING AS A TRADER, ALL DISPUTES ARISING FROM PURCHASE OR SALE OPERATIONS UNDER THESE GENERAL TERMS AND CONDITIONS OF SALE SHALL BE BROUGHT BEFORE THE TRIBUNAL DE COMMERCE AT BOBIGNY, WHICH TERM THE CUSTOMER HEREBY EXPRESSLY ACCEPTS.
All the clauses of these General Terms and Conditions of Sale, as well as any purchase and sale operations thereunder shall be governed by the laws of Romania.
The law applicable to any dispute whatever the cause or subject matter thereof shall be that of France, in respect of both substantive and formal rules.
12. Company Contact Particulars
You can contact us at the following address :
SC 4K Broadcast Solutions SRL
Viesparilor 19
020641 Bucharest, Romania
Or e- mail us at :
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