TERMS AND CONDITIONS OF SALE
Last updated: September, 2021
Please be advised that while shopping on store.focus-entmt.com, you are dealing with the eCommerce provider Scalefast SAS, which is a company commissioned by Focus Entertainment (“Merchant”) to handle online sales on behalf of the company.
These Terms of Sale ("Terms of Sale" or "Agreement") are a legal document that explains your rights and obligations as a Customer. Please read it carefully.
- Website or Store:
- The Merchant’s online store website accessible at store.focus-entmt.com
- You, the user of the Website (and addressee of these terms). These Terms of Sale only apply to consumers meaning natural person acting for purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity.
- Product(s) sold on the Website
- FOCUS ENTERTAINMENT, SA, a company having its registered office at « Le Beauvaisis » Bâtiment 28, 11 rue Cambrai, 75019 PARIS, France
- The Merchant’s authorized seller which operates the Website on behalf of Merchant store.focus-entmt.com (the “Store”).
- The Seller, which operates the Website on behalf of the Merchant, is: Scalefast SAS, a French company having its registered office at 1 Rue Jacqueline et Roland de Pury, 69002 Lyon, France. R.C.S. LYON 491 158 762.
- Intra-community VAT number: FR 29 491 158 762.
- E-mail firstname.lastname@example.org
- Phone : + 33 4 78 37 56 32
- Website or Store:
- The Merchant’s online store website accessible at store.focus-entmt.com, released after 23rd September 2021
The present Terms and Conditions of Sale define and regulate the contractual relation between the Seller and you, the Customer, also defined below as the user of the Website.
The Seller is an online and offline e-commerce solutions provider.
The present Terms and Conditions of Sale apply exclusively between the Seller and any person who visits the Website or makes a purchase from the Website.
You have access to and may become familiar with the Terms and Conditions of Sale directly on the Website. These Terms and Conditions of Sale may be altered at any point in time, at the discretion of the Seller. Enforceable terms and conditions consist those published on the Website when you use the Website or when you place an order and are binding as of their date of registration. At all times, you are solely responsible for remaining knowledgeable about, and in compliance with, these Terms and Conditions of Sale.
Your failure to cancel your Account (as defined below) or cease to use the Seller’s ecommerce solutions affected by the amendment will constitute your tacit acceptance of the amended terms. If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease to use the Seller’s e-commerce solutions. The Seller shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your Account or cessation of use of any Subscription, nor shall the Seller have any obligation to prorate any fees in such circumstances.
The information given on the said Website may be modified by the Seller without prior notification.
The simple act of placing an order on the Website implies acceptance, without any reserve of the Terms of Sale applicable at the date when you place an order. Seller may change the terms and conditions of sale at any time at its discretion but the terms of sale applicable to you are those in force at the time of your order. For Subscriptions, in case of significant change of the applicable terms of sale, you will receive a notification with a reasonable notice period and you will be in a position to terminate the Subscription without incurring any fee.
The Seller shall grant a limited license of access and use of the Website.
To make a purchase on the Seller’s branded-ecommerce Store, you may complete the Store’s registration process, and create a Store account ("Account").
|Country of residence||Minimum age to create an account on the website|
|Belgium, Denmark, Estonia, Finland, Latvia, Poland, Portugal, Spain, Sweden, United Kingdom||13 year old|
|Austria, Bulgaria, Cyprus||14 year old|
|Czech Republic, France, Greece, Slovenia||15 year old|
|Croatia, Germany, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, Netherlands, Romania, Slovakia||16 year old|
All members must be 18 years or older to make a purchase on the Store. Your Account may also include billing information you provide to the Seller for the purchase of on-going or repeat purchases (“Subscriptions”), for pre-orders or for faster future purchases. You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account. You agree that you are personally responsible for the use of your password and Account and for all of the communication and activity on the Store that results from use of your login name and password. You may not sell or charge others for the right to use your Account, or otherwise transfer your Account, or transfer any Subscriptions other than if and as expressly permitted by these Terms of Sale.
Please inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, the Seller reserves the right to collect agreed fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before the Seller can allow you to register again.
You also understand and acknowledge that Accounts are user rights binding you to such an Account, and that the Seller does not recognize any transfer of Accounts (including transfers by operation of law) from one subscriber to any third party. Each customer shall be the sole holder of his own Account.
Your purchase is subject to product requirements which you must read before purchasing a product. The act of making a purchase constitutes your tacit understanding and compliance with these requirements. The Seller shall not be held responsible for any loss, incompatible or erroneous purchases that are not due to the Seller’s fault, non-conform or missing information. We encourage you to contact our customer services, in such an event, so we may resolve your problem to the best of our ability.
You agree that you will be personally responsible for the use of your Account and for all activity on the Store that results from use of your Account. Your online conduct is expected to be in good faith, non-abusive and not seeking any other personal interest other than the services provided. You will otherwise be held in contempt and, at the discretion of the Seller, ensuing legal procedure may incur.
You may cancel your Account at any time. You may cease use of an Account at any time or, if you choose, you may request that we terminate your access to an Account. However, Accounts and product delivery are not transferable and product purchase transactions entitle you to a single right to the delivery of a product. Your cancellation of an Account will not entitle you to any refund for any products or fees (this provision does not deprive you of your right of withdrawal, nor of the benefit of legal guarantees). The Seller holds the right to collect agreed fees, surcharges or costs incurred prior to the cancellation of your Account. In addition, you are responsible for any agreed contractual charges incurred to third-party vendors or content providers before your cancellation.
The Seller may cancel your Account at any time, in the event that (a) the Seller closes down the Store, or (b) you breach any terms of this Agreement (including any Subscription Terms or Rules of Use of the Subscription). In the event that your Account is terminated or cancelled by the Seller for a violation of these Terms of Sale or improper or illegal activity, no refund, will be granted as part of compensation of the damages due to the Seller.
By creating an Account, you also accept the Terms and Conditions of the Members Rewards Program, if any and as defined on the Website. All accounts created before the launch of the Website are not submitted to these Terms and Conditions of Sale. Therefore, all accounts created before the launch of the Website do not qualify for the Members Rewards Program and are not transferred to this Website. Returning customers should create a new Account.
Stock Availability and Sales Fulfillment
Products are for sale within the limit of available stock. Offers for Products that appear out of stock shall be valid on the condition that they can be obtained from the Seller’s suppliers. The processing and delivery of orders shall always be honoured upon availability of stock.
Your Product Order is a binding offer to the Seller to purchase the said Products (“Product Order”). Upon the placement of a Product Order an ensuing and immediate confirmation message will be displayed followed by a confirmation email to you. Such automatic confirmation does not constitute an acceptance by the Seller of your Product Order, but a notice of acknowledgement. The contract between You and the Seller is concluded when you receive an email from the Seller to confirm that the Product(s) have been dispatched (the "Fulfilment Confirmation E-mail"). If your Product Order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package. For digital products, you shall receive a link within the Fulfillment Confirmation Email directing you to your product’s key, allowing you to unlock and download your purchase
Orders and Use of the Services
The Product Orders shall be placed exclusively via the Internet.
Automatic Product Order confirmation errors may occur. Please check the automatic Product Order confirmation for errors and inform us immediately of any discrepancies. You guarantee all data provided during registration is true, accurate, up-to-date and complete. Product Orders will only be accepted from Customers 18 years of age and older.
The Seller holds the right to cancel or refuse any Product Order from any Customer with whom a previous order’s payment has not been received by Seller.
You consent to receive sales invoices electronically. Electronic invoices will be made available in your Account on the Website. For each delivery, in our Fulfillment Confirmation E-mail you will receive a link to your electronic invoice on the Site. If you do not have an account and have not printed your invoice upon receiving your Fulfillment Confirmation Email, or for further information about electronic invoices and instructions on how to receive a paper copy please contact our customer support clicking on the Contact Us section.
Delivery of Physical goods
Your order shall be delivered to the address indicated during the ordering procedure. Costs to deliver your products will be calculated and displayed before you place the order. Failure to accept these costs will prevent you to place an order.
The delivery delay is indicated on the Website and may vary with the progression of the order. You shall verify the good condition of the package(s) and their content including quantity of packages received, upon receiving the package. In the event the package(s) or content are not in conformity with the order, you shall put in writing a full description of the content and disconformities, on the delivery slip, and shall send an email to email@example.com including the order number, full description of the damage and/or issue (with pictures if possible),with an acknowledgement of receipt and similar in content, within 3 days of reception
At the time of purchase, you will have the possibility to pay with all displayed payment methods. Any other methods will not be endorsed.
The Seller uses TLS (Transport Layer Security) encryption technology for your transactions. Your banking information is not stored by the Seller. Stored banking information is stored by the payment service provider, only if you have selected the option of saving a credit/debit card to your name, for a future use during check out or for a pre-order. Therefore, the Seller does not have access to private banking details and credit history at any point. To prevent abuses and fraud, the Seller only stores your name, address and the transaction time and date. This data remains strictly confidential.
Any attempted fraud or deception, regardless of scope, will immediately lead to further action, as part of which all related transaction data might be forwarded to the authorities.
When you provide payment information to the Seller or to one of its payment service providers, you establish that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize the Seller to charge your credit card or to process your payment with the chosen third-party payment service provider for any purchases or fees chargeable to your account. The Seller may require you to provide your address or other information in order to meet the Seller’s obligations under applicable law.
For Subscriptions purchased, you agree to notify the Seller promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number, and you agree to notify the Seller promptly if your credit card or PayPal or other payment account expires or is cancelled for any reason.
If your use of the Store and purchases are subject to any type of use or sales tax, then the Seller may also charge you for those taxes, in addition to the Subscription or other fees provided in the Rules of Use.
You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on Product content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, we may terminate your access to your Account.
The ownership of the Products shall be transferred to you when full payment is received. Should you not honour the payment obligations for any reason whatsoever, the Seller shall be entitled to demand that the delivered merchandise be returned immediately, at your own cost.
The Seller makes no representations or warranties, either expressed or implied, regarding any third party site (except for the legacy of the content of the sites when the Seller has placed the links in the Website). In particular, the Seller makes no representation or warranty that any service or subscription offered via third-party vendors will not be amended suspended or terminated.
License and user rights
Under these Terms the limited and non-exclusive right to use one (1) copy of Products delivered to you by the Seller on a computer or laptop is granted to you. Under the terms of this contract, you are not permitted to copy, modify, or decompile any software in a Product, to extract its source code, create any item derived from it or remove any indication of the name or manufacturer of the software from it. You are exclusively permitted to use the Product for their own personal use and may not pass it on, sell, transfer or lend it to a third party.
You may not use the Internet source code or any the Seller software for any purpose other than the permitted access to the Store and to make personal, non-commercial use of your Account, except as otherwise permitted by this Terms of Sale or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Store or the Seller software without the prior consent, in writing, of the Seller.
You are entitled to use the Store for your own personal use, but you are not entitled to: (i) sell, grant a security interest to other parties in any way, nor to rent, lease or license your Account rights to others without the prior written consent of the Seller, except to the extent expressly permitted elsewhere in these Terms of Sale; (ii) exploit the Seller Software, the Store for any commercial purpose, except as expressly permitted elsewhere in these Terms of Sale.
The Seller or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Seller services.
Right of withdrawal
You have the right to withdraw within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day:
- on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products;
- on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Product (in the case of a contract relating to multiple Products ordered by the consumer in one order and delivered separately);
- on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first Products (for subscriptions).
To exercise the right of withdrawal, you must inform our support team of your decision to withdraw by an unequivocal statement:
- by emailing the support team at the follwing email address firstname.lastname@example.org specifying 'WITHDRAWAL OF ORDER' as the reason, or
- online at the following URL address: https://focus-entmt.zendesk.com/hc/,
and to follow the returns procedure provided by the support team.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw, Seller shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by Seller), without undue delay and in any event not later than 14 days from the day on which Seller is informed about your decision to withdraw. Seller will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. Seller may withhold reimbursement until Seller has received the Products back or you have supplied evidence of having sent back the Products, whichever is the earliest.
You shall send back the Products or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to Seller. The deadline is met if you send back the Products before the period of 14 days has expired. You will have to bear the direct cost of returning the Products.
At Seller’s discretion, a refund may be issued without requiring a return. In this situation, the Seller does not take title to the refunded item.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products. HOWEVER, IT IS SPECIFIED THAT THE RIGHT OF WITHDRAWAL MAY NOT BE EXERCISED IN RESPECT OF PRODUCTS, WHICH HAVE BEEN UNSEALED BY THE CONSUMER AFTER DELIVERY, AND PRODUCTS, WHICH CANNOT BE RETURNED FOR REASONS OF HYGIENE OR HEALTH PROTECTION.
IF THE PRODUCT IS A CD, DVD, OR SOFTWARE/VIDEO GAME, AND YOU HAVE BROKEN THE SEAL, YOU ARE NO LONGER ENTITLED TO THIS RIGHT OF WITHDRAWAL. IF THE PRODUCT IS A DIGITAL SOFTWARE/VIDEO GAME, ORIGINAL SOUNDTRACK (OST) OR ANY OTHER DIGITAL PRODUCT, AND YOU HAVE DOWNLOADED IT, YOU ARE NO LONGER ENTITLED TO THIS RIGHT TO RETURN
If the Product is returned after the withdrawal period, the Customer's package may be refused and returned to the Customer at your own risks and costs at the client’s risk & expenses.
Wrong or Faulty Product
Seller is liable for defects in the conformity of the Products under the conditions of article L.217-4 and seq. of the French Consumer Code and for hidden defects of the Products under the conditions provided for in articles 1641 and seq. of the French Civil Code.
When you act under the legal guarantee of conformity, you:
- benefit from a period of two years as from the delivery of the Products to act;
- can choose between repairing or replacing the Products, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
- are exempted from having to provide proof of the existence of the lack of conformity of the Products during the two years following their delivery.
The legal guarantee of conformity applies independently of any commercial warranty that may have been granted.
You may also decide to implement the guarantee against hidden defects within the meaning of Article 1641 of the French Civil Code and, in this case, you may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
If the order is wrong or the Product is faulty, we recommend notifying the problem to the support team as soon as possible by email email@example.com with the subject-line: FAULTY PRODUCT. The Customer should also provide additional information to explain what is wrong with the Product. In order to return their faulty Product, the Customer must then follow the returns procedure provided by the support team.
The Product will be received by the Merchant or the logistics service provider and tested by experts. All returns on the grounds of a fault will be submitted for verification.
Product exchange will only be possible within the limit of available stock. If the Product is no longer available, a refund will be granted. The reasonable delivery cost of returning a faulty Product will be reimbursed only if it has been verified to be faulty by the Seller.
Please refer to the online document available on the Website to get information about our policy regarding returns and the return procedure.
The entire content of the Website (texts, illustrations and computer code) is the property of the Seller, the Merchant or their co-contractors.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Seller’s Service are trademarks, copyrights or trade dress of the Seller. The Seller’s trademarks, copyrights and trade dress may not be used in connection with any product or service that is not provided by the Seller, or in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Seller. All other trademarks or copyrights not owned by the Seller that appear in any Seller’s Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Seller.
Links to Third Party Websites
Personal data you provide shall not be given to any third party other than the Merchant, and the Seller’s service providers (such as payment and delivery services).
By placing a Product Order via the Website, you commit to providing accurate and true information. Your personal data is indispensable for the dispatch of the Products and invoice. If personal data is not provided the order shall be cancelled. Your personal data shall be used to deliver ordered Products, to inform you of new offers from the Seller and/or the Merchant, and to contact you should a problem arise concerning the order. The Seller shall not be held responsible for the use of any data provided to the Merchant.
For French Customer only - Legal information concerning the existence of a telephone opposition list (article L.223-2 of the French Consumer Code): If your telephone number is collected by the Seller when creating your Account or selling a Product, we will use your telephone number only for the proper execution of your orders or to contact you in order to offer you new services. Without prejudice to the above, in accordance with the above-mentioned legal provisions, you may, if you wish, register on the telephone marketing opposition list. This list, which is mandatory for all professionals except those with whom you have already concluded a contract, and its registration is free.
You agree that these Terms of Sale do not intend to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Sale.
The Seller holds no responsibility for indirect damages a user or a third party may suffer for any reason whatsoever by connecting to the Website, not having access or being able to log in to the Website, or that the Website is or is not working. The Seller guarantees it shall take all reasonable measures to ensure the availability of its services. However, since the transactions are made via the Internet, the Seller cannot guarantee the quality of the networks outside of its offices. Technical interruptions are possible. The Seller shall attempt to inform its Customers of the reasons for an interruption, to the best of its ability, but holds no responsibility in the event of a delay that is not due to his fault. The Seller holds no responsibility in the event of any loss of your data provided. Customers must always keep a personal copy of files. The Seller holds no responsibility for not honouring its contractual obligations, in the event of force majeure as defined by the laws and precedents of the applicable jurisdictions.
Nor in any event will the Seller be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, arising out of or in any way connected with the store, the software, and any information available in connection therewith, or inability to use the software or any information, even in the event of the Seller’s or its affiliates’ fault, breach of contract, or breach of the Seller’s warranty and even if the Seller has been advised of the possibility of such damages.
You agree to defend, indemnify and hold harmless the Seller, its licensors, the Merchant and its and their affiliates from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from or in connection with breach of these Terms of Sale or the use of the Store, by you or any person(s) using your Account, or from the Product selection to the creation of an Account, the purchase, distribution, promotion and use of any add-ons or derivative Products. The Seller holds the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This section regarding responsibilities shall survive termination of these Terms of Sale.
If you provide the Seller with any feedback or suggestions about the Store, or any Seller’s software, products or services, the Seller is free to use the feedback or suggestions however it chooses, without any obligation to you.
The Seller and its affiliates will not be responsible for any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
The Seller may inform you through an online notice in the case of systems’ maintenance and shall not be held responsible for any incurring ensuing delays or consequences.
All photographs used to illustrate the Products and services are for information purposes only and may be altered depending on the hardware used. Seller shall not be responsible for these alterations.
Customers’ public statements
Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We hold the right to remove or edit such content. If you believe that any content on or advertised for sale on any Seller’s Service fails to meet the standard stated above or that your intellectual property rights are being infringed by an item or information on any Seller’s Service, please notify us by contacting our support team and we will respond.
If you post content or submit material, and unless we indicate otherwise, you grant: (a) the Seller a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) the Seller, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. You agree that you may not assert any moral rights (“droit moral”) under this provision.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to the Seller including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is true and accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify the Seller for all claims brought by a third party against the Seller arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us.
If you believe that any content on, or within a product advertised for sale on, the Website contains a defamatory statement, please notify the Seller immediately.
Applicable Law – Mediation and Competent Jurisdiction - Miscellaneous
You agree that these Terms of Sale shall be deemed to have been made and executed in France, and any dispute arising hereunder shall be resolved in accordance with the law of France.
If any dispute arises between you and Seller out of or in connection with these Terms of Sale, you can contact:
The Centre de Médiation et d'Arbitrage de Paris (CMAP) either:
- by using the on-line form at the address www.mediateur-conso.cmap.fr,
- by email to firstname.lastname@example.org, or
- by post mail at CMAP – Service Médiation de la consommation, 39 avenue Franklin Roosevelt, 75008 Paris - France.
You as a consumer can initiate the mediation process via the online dispute resolution platform developed and managed by the European Commission at the following address: https://webgate.ec.europa.eu/odr/main/?event=main.home.show.
If you bring a legal action, you agree that any claim asserted in any legal proceeding by you against the Seller shall be commenced and maintained exclusively in France, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts.
Nothing in these Terms of Sale limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
If any of these Terms of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
If you breach these Terms of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.
These terms shall apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all of the provisions, of this section alone, such provisions will not apply to you.
Except as otherwise expressly stipulated in these Terms of Sale, in the event that any provision of these Terms of Sale shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect.
If you believe that your rights are being infringed, please contact us. We respond expeditiously to rights owners and their agents to communicate concerns about any alleged infringement.
Upon receipt of your infringement notice we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, for all of which we hold an unmitigated discretion to execute. Furthermore, by submitting an infringement notice, you grant the Seller the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding your infringement notice to the parties involved in the provision of the allegedly infringing content. You agree to indemnify the Seller for all claims brought by a third party against the Seller arising out of or in connection with the submission of your infringement notice.
You agree to comply with all applicable import/export laws and regulations. You agree not to export the Product or allow use of your Account by individuals of situated in a country subject to an embargo or prohibition of any form from the European Union, the US government or NATO. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.
When ordering products from the Seller for delivery outside of the European Union you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.