CineDev - Terms and Conditions
This page contains Section A: Terms and Conditions and Section B: Terms Of Service. By proceeding to payment, you confirm you have read and agree to the terms outlined below.
1. Section A: Terms and Conditions
By registering on www.cine.dev, you enter a relationship with us, and it is important that you understand the nature of that relationship, which is explained in the Terms and Conditions below.
1.2. PRIVACY AND COMMUNICATION
We are granted permission to set browser cookies, in accordance with EU law.- We are granted permission to send emails containing information pertinent to your registered email associated to your order or licence.Your registered email address will be included in our mailing lists for software updates and news.
1.3. MANAGING YOUR EMAIL
1.3.1 Transactional emails
‘Transactional’ emails are defined as ‘emails pertaining directly to the order or licence’, and these are triggered by either by user-action (such as order-confirmation) or by the licensing system (e.g. licence manager information). It is not possible to unsubscribe from ‘system’ emails, other than by account deletion.
1.3.2 Campaign list emails
You can unsubscribe from non-essential campaign lists at any time, via the ‘Manage your email subscription’ link included in every campaign email.
2. Section B: Terms Of Service
Throughout this document, unless otherwise specified, “CineDev” means “CineDev Ltd” .
“Web Shop” refers to the online shop based at www.cine.dev. These terms and conditions do not apply to any other aspect of CineDev’ trading.
2.1. The Distance Selling Act(2000)
CineDev supplies professional equipment and services to the entertainment industry and is primarily a business-to-business supplier. Whilst we will accept and process orders from the general public, such orders are accepted on the basis that they are not subject to the Distance Selling Act (2000). As such the following terms and conditions of business apply to all sales.
2.2.1 These general terms and conditions (“Terms and Conditions”) apply to all offers, quotations and sales of goods and/or services by CineDev to any purchaser or potential purchaser (“Buyer”). If CineDev and Buyer have entered into a separate written contract relating to the sales of products, or the provision of services, including without limitation a reseller or distributor agreement these Terms and Conditions shall additionally apply to purchases under the separate agreement to the extent they are not inconsistent with the terms of the separate agreement.
2.2.2 Any agreement between CineDev and Buyer shall be binding only if and to the extent that an individual order is expressly accepted by CineDe in writing. CineDev shall have full discretion in accepting or rejecting any order.
2.2.3 Except as set forth in Condition 2.2.1 above, these Terms and Conditions shall be exclusive of and prevail over all other terms and conditions, written or oral, implied by trade custom or course of dealing, wherever appearing or however introduced (including those in catalogues specifications or any Buyer general terms and conditions, request for quotation, order or confirmation) unless expressly otherwise agreed by CineDev in writing. All other terms or conditions are expressly rejected by CineDev. Buyer agrees to be bound by these Terms and Conditions whether or not expressly so stated in any order, confirmation or otherwise. Each deviation from or modification of these Terms and Conditions requires the express written agreement of CineDev in each instance. Modification or waiver of any provision in one instance shall not constitute modification or waiver in any other instance.
2.2.4 Buyer may not without CineDev’ prior written consent assign all or any of its rights under any contract incorporating these conditions.
2.2.5 Any reference in these Terms and Conditions to CineDev shall be taken to include all business divisions of CineDev as the case may be.
2.1 No quotation of CineDev shall constitute an offer.
3.1 Goods are supplied in accordance with the relevant manufacturer’s standard specifications but CineDev reserves the right for manufacturers to make such improvements and modifications in such specifications without prior notice as it or its suppliers consider desirable in the circumstances, without obligation to modify or change any goods previously delivered or to supply new goods in accordance with earlier specifications, unless CineDev agrees otherwise in writing at the date of reservation of the goods.
3.2 If CineDev or its suppliers wish to make any improvements or modifications to any goods to be supplied to Buyer that would affect form, fit or function CineDev shall not implement such improvement or modification without the prior agreement of Buyer.
3.3 If Buyer wishes to change the specification of any goods to be supplied by CineDev then CineDev shall not be obliged to agree to such change. If CineDev does agree to any proposed change requested by Buyer then CineDev shall be entitled to adjust the price, delivery and warranty accordingly.
3.4 All technical information and particulars of goods and performance given by CineDev are given as accurately as possible but are not to be treated as binding or as forming part of any contract with Buyer unless specifically confirmed or agreed by CineDev in writing.
The specification for packaging the goods shall be entirely at the discretion of CineDev who shall have the right to pack all goods in such manner, with such materials, and in such quantities as CineDev thinks fit and shall not be obliged to comply with any packaging instructions or requests from Buyer. The cost of special packaging, if agreed or deemed necessary by CineDev , shall be an additional charge.
Unless otherwise accepted by CineDev in writing the price of the goods shall be the relevant price in CineDev’ current price lists at the date of stock reservation. Prices are subject to alteration by CineDev at any time without prior notice. CineDev shall notify Buyer of any alteration in price, whereupon Buyer may cancel the contract (without liability to CineDev ) by giving notice in writing to CineDev within 7 days. Buyer shall bear the cost of any applicable sales, value added, excise, or similar tax in relation to the goods unless Buyer provides CineDev with a tax exemption certificate or licence acceptable to the taxing authorities before shipment.
Unless otherwise agreed in writing, all payments by Buyer for the goods and/or services shall be made to CineDev via FastSpring, a Merchant and Seller of Record. FastSpring purchases products and services from you (the publisher / creator / provider) and re-sells the products or services to the end customers. Our status as the Merchant of Record provides many advantages to you, such as allowing us to handle all collection and remittance of sales tax and VAT, ultimately saving you time and energy.
2.8. Compliance With Law
Buyer expressly agrees that it will not export or permit export of any CineDev goods, or use or permit the use of any CineDev’ goods, other than in accordance with all applicable laws (including complying with and obtaining appropriate permits in accordance with all applicable export and custom laws).
2.9. Force Majeure
CineDev shall, without prejudice to any other provisions hereof, be entitled to cancel or rescind any contract and shall not be liable for any loss or damage if its ability to perform its obligations under the contract is in any way adversely affected for any reason whatsoever not within CineDev’ control, or by commercial unfeasibility including the failure by CineDev’ suppliers to fulfil their obligations, the denial or cancellation of necessary permits or licences or substantial increases in the costs of performance.
2.10. Buyer’s Default
Should Buyer make default in any payment or otherwise be in breach of its obligations to CineDev under these Terms and Conditions or compound with or execute an assignment for the benefit of its creditors or commit any act of bankruptcy or being a company enter into voluntary or compulsory liquidation or suffer a receiver, administrator or manager to be appointed over all or part of its assets or take or suffer any similar action in consequence of debt, CineDev may, without prejudice to any other rights, cancel any undelivered or uncompleted portion of the order and stop any goods in transit.
2.11. Cancellation Of Orders
16.1 No cancellation of any order by Buyer shall be accepted by CineDev unless:
- The cancellation is received by CineDev in writing; and
- CineDev accepts the cancellation in writing and is paid by buyer (a) the sales value to CineDev of that part of the goods completed and work done in connection with the order; (b) the sales value of any items or materials bought by CineDev which cannot reasonably be used elsewhere by CineDev and (c) any other costs and liabilities which CineDev incurs by reason of Buyer’s cancellation.
16.2 Any extra cost or liability incurred by CineDev due to suspension of work or of deliveries or lack of or mistaken instructions from Buyer or to any interruptions or delays attributable to Buyer shall be added to the price of the goods and/or services and paid for by Buyer.
16.3 Goods supplied in accordance with Buyer’s order cannot be accepted for return without the advanced written consent of CineDev . This must be obtained by contacting us by telephone or e-mail and is subject to the following conditions:
- You have changed your mind and wish to cancel the order and return the goods in their original unopened and undamaged packaging within 14 days of the date of our invoice. In this case, a handling charge/re-stocking fee of 25% will be applicable. Shipping charges are not refundable. Both the 25% and our original shipping charges will be deducted from the total refund. The Buyer is responsible for returning the goods to CineDev and any refund will not be given until the goods have been checked by CineDev on receipt.
- If you believe your goods to be faulty and you wish to return them complete, undamaged and with their original packaging for a full refund this must be done within 14 days of the date of our invoice. Buyer is responsible for returning the goods to CineDev **. A refund will not be given until the goods are confirmed to be faulty by a CineDev technician. Additionally, CineDev will confirm that the goods are complete and in their original and undamaged packaging. In all cases, CineDev will do their utmost to complete the checks within 1 working day of receipt of the goods at CineDev premises.
- You believe your goods to be faulty and wish to return them for repair/replacement under the manufacturer’s warranty. Buyer is responsible for returning the goods to CineDev **. Once the goods have been received, a CineDev technician will confirm the fault and where the goods are confirmed to be faulty, a repaired or replacement product (in accordance with the manufacturer’s warranty conditions) will be sent to the customer by courier service. We reserve the right to charge for the shipping charges incurred during the return of the goods to the customer. If the goods are not found to be faulty, all return delivery charges will be the responsibility of the customer. If such consent is given a re-stocking charge of 25% will be made. Returned goods must be unused, undamaged and complete with all original and undamaged packaging and then packed in an additional outer box or covering to ensure that the product and its original packaging are returned without damage. Returned goods must be of current design and must be sent carriage paid and at Buyers risk. Computer software and hardware / software bundles are not eligible for return unless they remain sealed in their original packaging. CineDev is unable to authorise the return of special order and non-stock items.
**Please note that CineDev accepts no liability for loss or damage that may occur to goods being shipped to us and therefore we recommend that Buyers undertake additional insurance with their chosen carrier as a precautionary measure. We can arrange collection return of goods; however the cost of this service will be borne by the customer.
No failure or delay by of CineDev in exercising any of its rights under these Terms and Conditions shall operate as a waiver thereof nor shall any single defective or partial exercise thereof preclude any other or further exercise of that or any other right.
All Software products supplied by CineDev including all related manuals and documentation (collectively “Software”) are proprietary to their respective manufacturers and are copyrighted with all rights reserved.
All Software received by Buyer is delivered subject to the terms of the related licence agreement as provided by the relevant software manufacturer.
- CineDev does not warrant that functions contained in the Software shall meet Buyer’s requirements. CineDev makes no warranty for the performance or suitability of any supplied software.
- Software cannot be returned for refund or replacement.
- Buyer acknowledges that it shall have no rights in the Software or any trade mark, trade name, or service mark used in association with the Software
- In all cases, whether or not expressly contained in the related licence, Buyer agrees not to (i) disassemble, decompile, reverse engineer, merge or combine with other software, copy, translate, adapt, vary or modify any Software (in whole or in part), (ii) communicate or disclose any Software (in whole or in part) to any third party, or (iii) distribute any Software (in whole or in part) in any form except as expressly permitted by applicable law.
- Save as provided in this Clause 18. no warranty of any type is deemed implied and is expressly excluded, and in no case shall CineDev be deemed responsible for indirect damages or other damages suffered by Buyer as a result of the acts or omissions of CineDev .
2.14. Proper Law
These Terms and Conditions shall be subject to and construed under English Law and the parties hereby submit to the exclusive jurisdiction of the English courts for that purpose. If any provision is declared void or unenforceable by a court of competent jurisdiction with respect to particular circumstances, such provision shall remain in full force and effect in all other circumstances. If any provision is declared entirely void or unenforceable by a court of competent jurisdiction all other provisions of these Terms and Conditions shall remain in full force and effect.