Article 2 – Definitions In these General Terms and Conditions the following expressions shall have the following meanings:
1. Operator: Fu Productions.
2. Customer: the natural person not acting in the exercise of profession or business, and who enters into a distance purchase with Fu Productions.
3. Means of distance communication: Internet.
4. Distance purchase: a purchase in which, up to the conclusion of the purchase, exclusive use is made of one or more means of distance communication in the system organised by the vendor or service provider (operator) for distance sale of products and services.
5. Long-term transaction: a distance purchase concerning a number of products and/or services, for which the offer and/or purchasing obligation is spread over a longer period.
6. Long-term data storage media: any means that allow the customer or operator to store all information which is directed to him/her personally, in such a way that allows for future consultation and unaltered reproduction of that information.
Article 3 – Applicability
1. These general terms and conditions apply to any distance purchase entered into by Fu Productions and the customer and to any offer from Fu Productions.
2. Before concluding a distance purchase, Fu Productions makes the text of these general terms and conditions available to the customer. These can be downloaded in pdf on www.sifusergio.com.
3. If, in addition to these general terms and conditions certain product or service conditions apply, the second paragraph shall apply accordingly, and in the event of contradictory (general) conditions.
Article 4 – The purchase
1. The purchase becomes valid the moment the customer accepts the offer and meets the terms and conditions, with due regard for the stipulations in paragraph 6 of this article.
2. If the customer accepts the offer via electronic means, Fu Productions shall confirm the receipt of the acceptance of the offer via electronic means. Up to the moment the receipt of said acceptance has not been confirmed by Fu Productions, the customer may repudiate the purchase.
3. If the customer has accepted the offer via electronic means, Fu Productions must take appropriate technical and organisational security measures for the electronic data transfer. Fu Productions shall take appropriate security measures into account if the customer is given the option to pay electronically. In this context, Fu Productions shall ensure a secure web environment.
4. Fu Productions shall send the following information along with the product or service, in writing or in such a way that it can be stored on a sustainable data storage medium by the customer in an accessible manner:
a. The visiting address of the business establishment of Fu Productions where the customer may go with any complaints;
b. The information as stated in article 5, paragraph 3, unless Fu Productions already provided the customer with this information before the execution of the purchase;
c. The information corresponding to guarantees for customer goods and after-sales services;
d. The conditions under which, and the manner in which the customer may avail of the right of withdrawal, or a clear notification with regards the exclusion from the right of withdrawal.
5. If Fu Productions has undertaken to deliver a series of products or services, the stipulation in paragraph 4 applies to the first delivery only.
6. Fu Productions may (within the limits of the law, obviously) gather information about the ability of the customer to fulfil his commitments, as well as all facts and factors relevant to a distance purchase. If Fu Productions, acting on the results of this investigation, has sound reasons not to enter into the agreement, he is lawfully entitled to refuse an order or request, or to include special terms for its execution.
Article 5 – The offer
1. Fu Productions shall explicitly state if an offer is of limited duration, or if certain conditions apply.
2. The offer contains a complete, accurate and detailed description of the products and/or services provided, so that the customer is able to judge the product/service adequately. If pictures are used with the offer, they are to be real pictures of the products and/or services provided. Obvious mistakes or errors in the offer, for which it may be immediately clear to the customer as mistakes or errors, are not binding for Fu Productions.
3. With an offer, Fu Productions clearly indicates what the rights and duties of the customer are when accepting the offer. Important therein are:
• The price including taxes;
• If applicable, the delivery costs;
• Delivery, payment or execution procedure of the purchase;
• The manner in which the customer may seek information about actions he/she does not require before concluding the purchase, as well as the way he may correct these actions before the conclusion of the purchase;
• Possible languages, including Dutch, in which the purchase shall be entered into;
• The codes of conduct to which Fu Productions has submitted and the manner in which the customer can consult the codes of conduct via electronic means, and
• If the purchase is filed after conclusion, how the customer can consult it;
• Acceptance period of the offer, or the period for which the price will be honoured.
Article 6 – Right of withdrawal
1. When purchasing products the customers in the European Union are entitled to a statutory cooling-off period of
seven business days, starting the day of receipt of the product.
2. In the event the consumer wishes to avail of the right of withdrawal, he or she may only unpack or use the product
to the extent necessary to judge whether or not he or she wishes to keep the product. During this period, the
consumer shall treat the product and packaging material carefully. The consumer shall return the product with all
delivered accessories and, as far as possible, in the original condition and packaging, in accordance with the
reasonable and clear instructions indicated by the operator.
3. In the event the consumer avails of his right of withdrawal, he or she shall be charged the returning costs.
4. In the event the consumer has made a payment, the operator shall return this amount as quickly as possible, no
later than 30 days after the return or withdrawal.
5. Exclusion of the right of withdrawal is only possible for audio and video recordings and computer software of
which the consumer has opened or broken the seal.
Article 7 – The price
1. All prices of the offered products or services shall include VAT. Under no circumstances are hidden costs permitted, such as taxes (VAT), packaging or delivery charges. Where these costs apply, they are to be indicated clearly with the offer.
2. The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.
Article 8 – Payment
The customer is to inform Fu Productions immediately of possible inaccuracies in the payment details provided or stated.
Article 9 – Delivery and execution
1. When receiving and when executing product orders, as well as with the assessment of requests for the provision of services, Fu Productions shall execute these tasks with due diligence.
2. Fu Productions acknowledges electronic communication and shall not deny its validity or legal effects for the sole reason that the communication happens electronically.
3. Unless explicitly agreed otherwise, the risk of loss and/or damage to products shall remain with the operator until the moment of delivery to the customer.
4. The address provided by the customer to Fu Productions shall be the place of delivery.
5. Fu Productions shall execute the order within 30 days, unless a longer delivery period was agreed.
6. In the event of delay in delivery, or if an order cannot be delivered or only partially be executed, the consumer shall be informed of this no later than one month after ordering. In such cases, the consumer is entitled to repudiate the contract free of charge.
7. In the event of repudiation under the preceding paragraph, the operator shall return the payment made by the consumer as quickly as possible, no later than 30 days after repudiation.
8. Fu Productions is not liable if and insofar as its commitments cannot be fulfilled due to force majeure. Force majeure means any foreign source, and any circumstance, which is not reasonable for the risk, belongs to. Delay in or failure by our suppliers, disruption of the Internet, electricity failures, failures in e-mail traffic and disturbances or changes in technology by third parties, transportation difficulties, strikes, governmental action, delays in supply, failure of suppliers and / or manufacturers of Fu Productions and help people, illness of personnel, deficiencies in emergency or transportation funds explicitly as force majeure.
Article 10 – Guarantee
Fu Productions ensures that its products meet the requirements of usability & reliability as the parties to the purchase reasonably may expect.
Article 11 – Conformity
Fu Productions guarantees that the products and/or services comply with the purchase, the specifications listed in the offer, the reasonable requirements of usability and/or reliability, and the existing provisions of the law and/or government regulations on the date the purchase was entered into.
Article 12 – Settlement of complaints
Fu Productions shall attend to and address the submitted complaints as quickly as possible, but no later than 14 days from the date of receipt. If a complaint is expected to require a longer processing time, Fu Productions shall answer within the 14-day period with an acknowledgement of receipt and an indication of when the customer may expect a more comprehensive response.
Article 13 – Additional conditions or deviations
Additional conditions or deviations from these general terms and conditions may not be to the prejudice of the customer and must be put in writing or be recorded in such a way that they can be stored by the customer in an accessible manner on a sustainable data storage medium.
Article 14 – Governing law
Dutch law and regulations strictly govern purchases between Fu Productions and the customer, to which these general terms and conditions apply.
Article 15 – Copyright and trademarks
1. The content of DVD's and graphics is copyrighted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of DVD's is strictly prohibited, unless authorized, in writing, by Fu Productions.
2. All trademarks, service marks and trade names of Fu Productions used in the site are trademarks or registered trademarks of Fu Productions. Amsterdam, May 2011