Terms of sale
Conditions Relating to Your Use of Jupiter-films.com
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should 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 unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
Jupiter-films.com reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
2. Access to Jupiter-films.com
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
3. Licence for website access
Jupiter-films.com grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Jupiter-films.com. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Jupiter-films.com without express written consent. You may not use any meta tags or any other "hidden text" utilising Jupiter-films.com's names or trademarks without the express written consent of Jupiter-films.com. Any unauthorised use terminates the permission or license granted by Jupiter-films.com.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Jupiter-films.com as long as the link does not portray Jupiter-films.com, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Jupiter-films.com logo or other proprietary graphic or trademark as part of the link without our express written consent.
4. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Jupiter-films.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
• for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
• to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
• to cause annoyance, inconvenience or needless anxiety
5. Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Jupiter-films.com, its affiliates or its content suppliers and is protected by French law and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Jupiter-films.com and its affiliates and is protected by France and international copyright and database right laws. All software used on this website is the property of Jupiter-films.com, our affiliates or our software suppliers and is protected by French and international copyright and author' rights laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without Jupiter-films.com's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Jupiter-films.com's express written consent.
6. Intellectual Property Claims
Jupiter-films.com respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Infringement (see below).
JUPITER-FILMS.COM, JUPITER COMMUNICATIONS, THE JUPITER COMMUNICATIONS LOGO, and other marks indicated on our website are trademarks or registered trademarks of Jupiter-films.com, in the European Union and/or other jurisdictions. Jupiter-films.com's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Jupiter Communications. Jupiter Communications' trademarks and trade dress may not be used in connection with any product or service that is not Jupiter Communications', in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Jupiter Communications.
8. Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products by Jupiter-films.com to you.
9. Our contract
When you place an order to purchase a product from Jupiter-films.com, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you. That acceptance will be complete at the time we send the Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Confirmation E-mail to have been dispatched do not form part of that contract.
Besides the 30-day returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven days. You are entitled to return the unaltered products (DVD not opened and in perfect condition box shrink wrapped as delivered) within this period.
11. Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
Despite our efforts, a small number of the products in our catalogue are mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation. All prices are inclusive of VAT unless stated otherwise.
When ordering goods from Jupiter-films.com for delivery outside 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 and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Jupiter-films.com, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
13. Health & Safety
Conditions Relating to Both Your Use of Jupiter-films.com and Sales to You
Jupiter-films.com does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use Jupiter-films.com only with the involvement of a parent or guardian.
15. Electronic communications
When you visit Jupiter-films.com or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Jupiter-films.com will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. Jupiter-films.com does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or willful misconduct.
17. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions 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.
18. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions 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.
20. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of France, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts of Paris, France.
21. Our details
Jupiter-films.com is the trading name of Jupiter Communications S.A..
This website is owned and operated by Jupiter Communications S.A.
For the Jupiter-Films.com website :
Jupiter Communications SA
41 rue Claude Terrasse
Registered in France No. B 340 310 655
Business License Number: 340 310 655 00030
France VAT Reg. No. FR 90 34 03 106 55
You can contact us by visiting http://www.jupiter-films.com/en/contact.php
Notice and Procedure for Making Claims of Infringement
Jupiter-films.com is the trading name for Jupiter Communications S.A.. We respond expeditiously to intellectual property rights owners who complete and submit the Notice Form (below) to communicate concerns of any alleged infringement.
Upon receipt of a Notice Form 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 defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to Jupiter-films.com and its affiliates 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 the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Jupiter-films.com for all claims brought by a third party against Jupiter-films.com arising out of or in connection with the submission of a Notice Form.
Important Warning: giving false, misleading or inaccurate information in the Notice to Jupiter-films.com may result in civil liability. You should contact a solicitor should you have any questions.
If you believe that your intellectual property is being violated by an item or information on the Jupiter-films.com site, you may fill out the Notice Form (below) using the corresponding numbered paragraphs to frame your communication. This signed form can be sent via PDF or Fax to:
Email PDF: info(at)Jupiter-films.com
Subject Line: Claim of Infringement
(We will accept a signed PDF via email with the subject line "Claim of Infringement" or Fax, unless by prior agreement we have agreed with you for an alternative receipt mechanism).
Please fill out the Notice Form using the corresponding numbered paragraphs to frame your communication:
Re:www.Jupiter-films.com (trading name for Jupiter Communications S.A.)
I, [INSERT FULL NAME AND TITLE] of [COMPANY NAME, IF APPLICABLE], state as follows:
(1) Contact information:
(a) Your and/or your company's name, address, telephone number and contact email address;
(b) A description of your intellectual property right(s) that you claim has/have been infringed (e.g. copyright, trademark or patent).
(3) Include the following statement: "I have a good faith belief that the portion of the listing(s) described above violate(s) the intellectual property rights owned by the intellectual property owner or its agent, nor is such use otherwise permissible under law."
(4) Include the following statement: "I represent, under penalty of perjury, that the information in this notification is true and correct and that I am the intellectual property owner or authorised to act on behalf of the intellectual property owner for the rights described above."
(5) Sign the Notice Form.
Notice and Procedure for Notifying Jupiter-films.com of Defamatory Content
If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by copying the Notice to Jupiter-films.com of Defamatory Content below into your word processor program, complete it in accordance with the instructions set out in the Notice and send a printed signed copy to: Jupiter Communications, 41 rue Claude Terrasse, 75016 Paris. Please note that this procedure is exclusively for notifying Jupiter-films.com of Defamatory content on or advertised for sale on the Jupiter-films.com website. Please provide your address, telephone number, and e-mail address when sending the notice to us.
Important Warning: giving false, misleading or inaccurate information in the Notice to Jupiter-films.com of Defamatory Content may result in civil and criminal liability.
Notice to Jupiter-films.com of Defamatory Content
In the matter of www.Jupiter-films.com
S T A T E M E N T
I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:
1. I refer to the website www.Jupiter-films.com ("the website"). I make this statement in support of my giving Jupiter-films.com notice that, via the website, it is causing or contributing to the publication of a defamatory statement.
2. The defamatory words (delete whichever paragraph is not applicable):
(a) appear in a DVD being sold by Jupiter-films.com via the website entitled [please state the DVD name].
(b) appear on the website at [please cut and paste the address of the relevant Web page from the website where the defamatory words appear].
3. The words that I consider to be defamatory are [please repeat the exact words you are complaining about].
4. These words are defamatory because [please state why you consider the words are defamatory].
5. The defamatory words are untrue because [please explain why the words complained of are untrue and what you believe the true position is].
6. I understand that this statement may be used in any court proceedings that may arise out of or relating to the defamatory words which I have complained about.
Statement of Truth
I declare the facts stated above to be true.