General Terms and Conditions
1. Glossary
RES means "Romkaonline
eShop."
2. Our
agreement
An agreement for us to
sell you products is made on the basis of these Terms and
Conditions when we accept your internet orders.
You must be 18 years
old or over.
RES reserves the right
to make changes to its policies and Terms and Conditions from
time to time, which will become effective upon notification of
such changes by us to you. If we make any changes that are
materially to your detriment then you will have the right to
terminate this Agreement by giving us notice in writing to take
effect no later than 30 days after the date on which such change
takes effect. Copies of these Terms and Conditions are available
on request, and are provided with each new order delivery.
3. Orders
All orders are subject
to acceptance by RES at our sole discretion, but orders are
normally accepted if the products are available, the order
reflects the current pricing and you are based in a country to
which we are currently able to sell.
Orders can only be
accepted for offers and promotions received in the customers
country of residence, due to the licensing agreements for some
of our products. By accepting a series offer from RES you are
agreeing for us to send you further titles in the series
approximately every four weeks, until you notify RES that you
wish to cancel that series in accordance with section 11 below.
Online orders
You can select items to
buy online from our website http://www.eshop.romkaonline.com by
clicking on the "add to basket" button associated with each
item. You can carry on shopping or click on the "basket" link in
the top right hand corner of the page to complete your order.
This will take you to a summary page of your selected items,
where you can review and correct your order details.
To place this order
click on the "2nd step: enter address" button and enter your
address and payment details. When you have completed these
details please click the "send" button. Once your credit/debit
card has been entered your order will have been requested, and
we will confirm receipt of your requested order by email.
4. Delivery
For customers in a
series, each new title will be despatched to you approximately 4
weeks after despatch of your prior title. Please note that we
may, in our sole discretion, discontinue sending new titles in a
series to you if you have failed to pay for any previous title.
Please refer to the charge date on your statement or invoice.
Your product will
normally take between 10 and 14 days for delivery, but please
allow up to 28 days. If you do not receive your product after 28
days please send Email to support@romkaonline.com
RES can only send items
to the customer’s billing address.
In the event that a
product is out of stock you will be notified by RES and no
payment will be taken until the product is back in stock and has
been despatched. You have the right to cancel this item. In the
event that a series is discontinued you will be notified by RES
At the time of taking up an offer from RES we may ask for your
consent to send you additional RES products to review. We will
only send these products to you with your agreement, and these
products also adhere to the RES Terms & Conditions as laid out
here.
Products sold to you
are not for resale.
5. Payment
Payment for Series
Payment by Credit
Card
If you are paying by
credit card for your series, you hereby give RES authorisation
to take payment from this card for all items in this specific
series despatched to you until you instruct RES otherwise.
Payment for the first item in a series will be taken on despatch
of the item. Thereafter, payment for follow-up items in that
series will be taken 28 days after despatch. You will receive a
statement advising you of the charge date with each delivery.
RES accepts the following credit cards for series orders: Visa
and Master Card.
Payment by debit
card
If you select to pay by
debit card for your series, payment for the first item in a
series will be taken on its despatch. All follow-up items in
that series will be invoiced to you at the time of delivery, and
the payment due date will be clearly stated on each invoice. RES
accepts the following debit cards for series orders: Maestro and
Visa Debit.
Payment for Sets
RES only accepts credit
card or debit card payments for sets. Whether you are paying by
credit card or debit card, payment for the set will be taken on
despatch of the item. RES accepts the following credit cards and
debit cards for set orders: Maestro and Visa Debit
Administration Fees
for Non-payment
RES reserves the right
to charge an administration fee on all overdue amounts. At
present you will be charged Euros; 3.50 per reminder sent by us
in respect of any title which remains partly or wholly unpaid.
Reminders will be sent to you approximately every 4 weeks that
any title remains partly or wholly unpaid. We reserve the right
to alter the cost of these fees in line with the processing and
administration costs incurred by us.
In the event of
non-payment, we reserve the right to pass your details on to a
debt collection agency nominated by RES, where further
administration fees may be charged.
6. Pricing
The description of the
products, price (including VAT, where applicable), cost of
delivery and currency are set out in your statement/invoice. REM
reserves the right to promote the same or similar products with
varying offers depending on the advertising route and/or country
of sale/ and or time.
7. TERMINATION
Termination. We have the right to
terminate your access to any or all of the Services at any time,
without notice, for any reason, including without limitation,
breach of these terms and conditions. We may also at any time,
at our sole discretion, discontinue the Website/Services or any
part thereof without prior notice and you agree that we shall
not be liable to you or any third party for any termination of
your access to the Website/Services.
8. EQUIPMENT
Without limiting any provision herein, RES
makes no warranty
that any particular computer, portable device, or other hardware
will be compatible with REM’s Website/Services. It is your sole
responsibility to ensure that your playback system(s) will
function correctly with the application.
9. INTELLECTUAL PROPERTY
RIGHTS
The Website and its
content (including without limitation the Website design, text,
graphics and all software and source codes connected with the
Website and the Services) are protected by copyright, trade
marks, patents and other intellectual property rights and laws.
In accessing the Website you agree that you will access the
contents solely for your personal, non-commercial use. None of
the content may be downloaded, copied, reproduced, transmitted,
stored, sold or distributed without the prior written consent of
the copyright holder. This excludes the downloading, copying
and/or printing of pages of the Website for personal,
non-commercial home use only. You may not use Content as
a musical “ringer” in connection with mobile phone calls..
10. Posted Material.
RES does not claim ownership of any
materials you post, upload or submit to any publicly accessible
area of the Services. However, by doing so you are granting us a
world-wide, royalty free, non-exclusive licence to copy,
distribute, transmit, reproduce, publicly display, edit,
translate or publish such Content for as long as you elect to
display such Content via the Services. The licence shall be
terminated when such Content is deleted from the Services
11. Return and Refund Policy
All Sales are Final. All sales
are final and all charges from those sales are non-refundable.
Due to the nature of the service you are not able to cancel any
purchases of downloads after you have confirmed payment.
Downloads may not be returned for any reason unless they are
defective. In exceptional circumstances, refunds are given at
the discretion of the management
12. Prize Draws and Competitions
All prize draws and
Competitions run and managed by RES will be accompanied by
separate Terms & Conditions.
13. Intellectual Property & Copyright
Music
Copyright subsists in
all recordings issued under the RES label. Any unauthorised
rental, broadcasting, public performance, copying or recording
in any manner whatsoever will constitute infringement of such
copyright and will render the infringer liable to an action at
law. Public performance or broadcasting licences must be applied
for from the licensing institution in the relevant country.
DVD/Video
You may use RES
products only for individual, personal and non-commercial use
and, except as permitted by applicable law, you shall not copy,
issue copies, rent, lend, perform, show or broadcast this
programme products in public, or make adaptations of the DVDs or
Videos.
Copyright laws apply to
the products we supply and to the artwork on the packaging. You
will be in breach of these laws if you broadcast, copy or
perform the material on the products, or copy the artwork,
without the copyright owner’s permission.
Registered
Trademark
RES, RStudio and the
White Season eShop logos
are registered trademarks.
14. Warranty
We warrant that the
products shall meet their specification, and that the media on
which the products are delivered will be free from defects in
materials and workmanship for a period of ninety days from
purchase.
Except as expressly
provided in these terms and conditions, we expressly disclaim
any further representations, warranties, conditions or other
terms, express or implied, by statute, collaterally or
otherwise, including but not limited to implied warranties,
conditions or other terms of satisfactory quality, fitness for a
particular purpose or reasonable care and skill.
15. Our
liability
If you have a valid
claim in respect of any of the goods which is based on any
defect in the quality or condition of the goods or their failure
to meet specification in accordance with this agreement, we
shall be entitled to replace the goods (or the faulty part in
question) free of charge or, at our sole discretion, refund to
you the price of the goods (or a proportionate part of the
price).
We shall not be liable
to you in connection with this agreement in contract, tort
(including negligence) or otherwise for any loss of profit,
anticipated savings or data (in each case whether direct or
indirect) or any indirect loss.
Our aggregate liability
to you in connection with this agreement shall not exceed the
value of the goods ordered by you. Notwithstanding any other
provision of these terms and conditions, we will be liable to
you without limit for any death or personal injury caused by our
negligence and to the extent that liability arises under Part 1
or section 41 of the Consumer Protection Act 1987 and for
liability arising from statements made fraudulently by us.
16. General
We shall not be liable
to you or in breach of this agreement for delay or failure to
perform if the delay or failure is due to a cause beyond our
reasonable control.
If we fail to enforce a
right under this agreement, that failure will not prevent us
from enforcing other rights, or the same type of right on a
later occasion.
If any provision of
these terms and conditions is held to be lawful, invalid or
unenforceable, that provision shall be deemed severed and the
validity and enforceability of the remaining provisions of these
terms and conditions shall not be affected.
These terms and
conditions shall be governed by and construed in accordance with
EU law, and we both agree to submit to the non-exclusive
jurisdiction of the EU courts.
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