Terms of sales of the site momento-films.com
These general conditions of the site momento-films.com are aimed, firstly, to inform any potential consumer of the terms and conditions under which the seller shall proceed to
1. online sales of DVD for private use,
2. reserve online copies of single-use commercial public screenings,
3. reserve online copies of single-use non-commercial public screenings,
4. the sale of institutional rights,
5. order DVDs online for consignment shop,
6. online sales of lots of DVDs for resale.
The terms and conditions presented here apply, without limitation or qualification, to all sales, rentals and reservations of products and services offered on its website www.momento-films.com.
Accordingly, the fact that any person ordering or reserving a product offered for sale and for rent on the website of the company momento! (Siret 477 699 250 0001 5, 38, rue de la Chine, 75020 Paris), is a full acceptance of these terms and conditions that the "Buyer" acknowledges before his order and/or his booking.
The products are offered for sale without restriction of geographical area. However some areas are limited for broadcasting of cinematographic works, they are available on request.
The company momento! reserves the right to modify at any time the present conditions of sale.
General terms of sales, rental and reservation are written in French.
The selling prices of online products at the website www.momento-films.com, in Euros, are those in effect at the time of the order registration by the “Buyer".
They do not include shipping costs, a lump sum of 9.00 € HT (nine Euros), charged in addition to the price of HT products purchased. Shipping charges are shown before the order made by the “Buyer” is finally registered.
Prices include value added tax (VAT) applicable on the date of the order and any change in the VAT rate will be automatically reflected in the price of sold products.
The selling prices of products can be modified by momento! at any time.
3. Product Characteristics - Availability
Pursuant to Article L 111-1 of the Consumer Code, the "Buyer" may, prior to his order, take note on the site www.momento-films.com, of the essential characteristics of the product that he wants to order.
The "Buyer" selects one or more products and / or services offered on the website momento!
Special offers made by momento! are valid while stocks last. For products not stored on its premises, the offers are valid subject to availability from suppliers.
Photographs and graphics of catalogs and products offered for sale are only indicative and not binding on the seller.
In cases where a supplier changes a product, its graphic representation does not engage the responsibility of the seller nor affect the validity of the sale.
Any order or booking requires unreserved and unlimited adherence to the general conditions of sale.
From the moment the "Buyer" received the order by clicking on the "Submit Order" or "Validate Reservation”, he is deemed to have accepted knowingly and without reservation, these terms and conditions of sales, conditions of film use and broadcasting, prices, volumes and quantities of products offered for sale and ordered.
The order of the "Buyer" shall be confirmed by momento! by email.
The sale, or any agreement, shall be considered final only after the confirmation of the order is sent to the "Buyer" by momento!, and the collection of the full price by momento!, except in the case of exploitation of a film subject to revenue sharing or in the case of a consignment or the sale of a lot of DVDs for resale, these last two scenarios are subject to a previous agreement between the “Buyer” and momento! (See relative articles).
5. Payment of charges
Payment of the full price must be made when ordering by the "Buyer" in the case of outright sale of the DVD unit or lot, in the case of buying institutional rights and in the case of a reservation of a screening subject to a MG (Minimum Guarantee) or on receiving of the invoice in the case of a screening reservation, except in the case of exploitation of a film making subject to revenue sharing on presentation of CNC proof and in the case of a consignment subject to sales report. At no time, payments cannot be considered as a deposit or a down payment.
The receipt of the full amount of the order will be made by momento! at the time of confirmation of the order or, if paid by check, upon its reception.
All orders are payable in Euros.
To pay the order, the "Buyer" has all the means of payment referred to in the order form: credit card (credit card, Mastercard, Visa) and a bank check.
The "Buyer" guarantees momento! he has the required permission to use the payment method he chose, when registering the purchase order.
momento! reserves the right to suspend or cancel any order and / or delivery, irrespective of their nature and level of progress, for non-payment of any sum due by "Buyer", or if a payment incident occurs.
Penalties in an amount equal to the statutory interest rate plus five points are automatically applicable to amounts unpaid after a period of ten days from the invoice date or upon notification of rejection of bank payment for any other means of payment. The delivery of any new order may be suspended in case of delayed payment of a previous order, notwithstanding the provisions hereof.
momento! reserves the right to request a photocopy of identity card, proof of address and credit card debit from the "Buyer" for any payment by credit card.
As part of the fight against Internet fraud, the information about your order may be transmitted to any third party for verification.
6. Choosing the type of agreements and use rights of cinematographic works
The films set on DVD are protected by law No. 57298 of 11 March 1957 on intellectual, literary and artistic property. The various uses of films distributed by momento! are defined in Articles 16 (consignment shop), 17 (copy rental and transfer of rights for a single use, non-commercial public screening), 18 (copy rental and transfer of rights for a commercial public screening), 19 (rights of loan and consultation of video use for non-commercial cultural and educational networks, called institutional rights), 20 (DVD for private use).
The "Buyer's" having considered the various uses of the films distributed by momento! has under its sole responsibility and according to his needs and legal status as he has previously determined before any order, his choice on the type of agreements covered by the order. In addition, the "Buyer" knowing his legal status and intentions of usage and operation is the sole judge of the relevance of his choice of agreements ordered (see relative articles).
7. Shipping, forwarding screening copies and reception
Products will be delivered to the address indicated by the "Buyer" on the purchase order, without territory limitation.
To afford to ship to the "Buyer" ordered products, and to reduce travel time between ordering and delivery of products ordered, momento! chose to work with :
For the territories XXX ,la POSTE
For the territories XXX ,la POSTE
For the territories XXX ,la POSTE
The ability to choose the delivery provider is given to the "Buyer" when ordering.
In case of partial availability of items, momento! may need to split orders. Thus the available items will be sent initially, the rest of the order will be sent when all other items are available.
The "Buyer" is delivered to his home by the carrier or agents of the delivery service selected when ordering.
The "Buyer" shall verify, in the presence of the post officer or agent of the delivery service, the state of the products packing and contents when delivered.
For delivery guaranteed by the Collissimo service of La Poste and assuming that "the Buyer" has any doubts of any kind on the state or contents of the package, he is required:
-to apply the Collissimo procedure (including report any damage, claims and reserves) and reject the goods immediately by issuing a finding of fault with the servant of the Poste.
-to report such incidents to momento! by registered letter with return receipt to the address indicated in paragraph 1, within 7 days after the rejection of the goods by the "Buyer" and stating the said claims or reserves.
In case of failure to comply with the procedure outlined above, no claim made by the "Buyer" will be accepted.
8. Quality or compliance problems
If delivery of a product does not correspond to the order (defective or non-compliant), the "Buyer" must make its claim within 7 days after signing the delivery slip.
Claims must be sent by registered mail with return receipt to the address indicated in paragraph 1 and shall include: details of the “Buyer", the product references and grounds for the claim.
Products shall be returned by the "Buyer" within seven working days after reception.
Otherwise, momento! will not proceed to any exchange or refund of products ordered.
Any product for exchange or refund will be returned to momento! in his original condition and packaging and include all of the product and its accessories.
All risks associated with returning product and shipping costs are borne by the “Buyer".
In case of failure to comply with the procedure outlined above and the timeframe specified, the "Buyer" will not be able to make any claim for non-compliance or defect of goods delivered, the products then being deemed compliant and free from defect.
La Poste allows delivery within an average of forty-eight hours in metropolitan France leaving from momento!'s depot.
Company X makes a delivery within an average of X hours on X territory France leaving from momento!'s depot.
These time delays are provided for information purposes.
Any exceeding in delay cannot lead to damages, withholding or cancellation of the order by the “Buyer".
In any event, and in accordance with the provisions of Article L. 121.20.3 of the Consumer Code, the products ordered will be delivered within a maximum period of thirty days from the day following the registration of the order by the "Buyer", subject to full payment.
In case of lack of delivery upon expiration of that 30 days period, the “Buyer" shall have the option to cancel his order. All amounts payable by "Buyer" will be refunded to him without delay and no later than thirty days, to the exclusion of all other compensation.
10. Product Availability
In case of unavailability of the product ordered, momento! will inform the "Buyer" as soon as possible.
In this case and in accordance with Article L121.20.3 of the Consumer Code, momento! may provide a product of equivalent quality and price.
In the case of a screening or a broadcast, the "Buyer” is obliged to inform momento! of the various screening and distribution media (video, film, DVD, PAL, NTSC) which has the technical capability to broadcast and screen with in case the first choice of media, defined at the time of booking, would be unavailable. momento! reserves the right to deliver alternative screening and broadcast support for the screening and broadcasting of the cinematographic work on time. No cancellations, refunds, damages will be retained against momento !
Otherwise, the "Buyer" will be refunded without delay and no later than thirty days after the payment of sums paid.
11. Right of Withdrawal
According to Article L121-20 of the Consumer Code, the "Buyer" shall have seven days, from the date of reception, to return at his expense, products ordered, for exchange or reimbursement.
The products must be returned to momento! in perfect condition for resale, in their original condition (packaging), duly sealed and unopened. DVDs should not have been unsealed so that the "Buyer" can exercise the right of withdrawal.
Any incomplete or damaged product or one whose original packaging has been damaged, will not be refunded nor exchanged.
12. Terms of reimbursement
Any reimbursement made by momento! will be made by check.
By presenting the check for collection, the consumer agrees on his honor not to make any objection or opposition to his bank or others concerning the refund transaction, and agrees not to do so within one year after the date of the check presentation.
The consumer recognizes that he is aware that any breach of this obligation would expose him to surrender the amount overpaid, without prejudice to the damages that may be claimed by momento! .
13. Retention of title
The rights of cinematographic works are managed by the code of the intellectual and artistic property.
momento! retains full ownership of the products sold until full payment is received, in principal, costs and taxes included.
For all the films on offer, it is forbidden to reproduce or copy any part of the media content, nor to distribute all or part of the works outside of the agreements previously made between momento! and the “Buyer” and subject to a written agreement signed by both parties.
14. Data Protection
The information collected by momento! when any order is made the "Buyer" is necessary for the management of his order by momento!. In accordance with the Data Protection Act (section 34 of the law "Informatique et Libertés"), the "Buyer" has a right to access, rectify, oppose and delete data concerning him. To exercise this right, please contact momento!, 38, rue de la Chine, 75020 Paris, +33 1 43 66 25 24, firstname.lastname@example.org
Secure payments by credit card are guaranteed by SSL encryption (Secure Socket layers) by ATOS, which encrypts and secures confidential information.
15. Consignment Sale
In the event the Purchaser wishes to become a consignee by signing an agreement for consignment sales, he must return two signed copies of the consignment agreement within 7 days to momento!, 38 rue de la Chine, 75020 Paris . The consignment sales agreements are available for download on the site momento-films.com.
The consignment sale agreement is aimed, firstly, to inform the consignee on the terms and conditions under which the consignor shall deposit and deliver products ordered, and secondly, to define the rights and obligations of the parties in connection with the consignment sale. Sections defined by the agreement of consignment presented below apply, without limitation or qualification, to the all consignment sales assumed between all potential consignees and momento!.
Accordingly, any person ordering products offered on consignment in the website of the company momento! , recognizes full acceptance of this consignment shop agreement that the consignee acknowledges being aware of before ordering.
Consignment sales are available without restriction in geographical area.
The consignment sale agreement is written in French.
The company momento! reserves the right to modify at any time these Terms of consignment sale.
A consignment sale agreement is signed by the consignee and the company momento!, in his capacity as consignor.
15. 1 : Subject of Agreement
By this agreement, the consignor entrusts the consignee in consignment items defined on the Consignment Sale Sheet, indicating a deposit number.
15. 2 : Deposit Procedure
The consignor entrusts the consignee with detailed articles for sale. No opened or damaged item will be accepted by the consignee. At the request of the consignee, the consignor agrees to submit within four days new copies of deposited items for sale. Any additional deposit will be a new form of consignment sale. The cost of transporting items between the consignor and the consignee are paid by the consignor. The aforementioned items will be on sale at reception of this Agreement duly signed.
15. 3 : Accountability and commission
In the case of a medium term consignment, at the end of each consignment month the consignee shall notify the consignor of the number of items sold. The consignor then sends an invoice to the consignee for sold items. In the case of a one-time consignment, the consignee shall inform the consignor of the number of items sold on the date the consignment is terminated, as defined by the consignee at the time of ordering. The consignor then sends an invoice to the consignee forsold items. This invoice will show prices excluding taxes, the amount of VAT (19.6%), and the stock status. The payment will take place 30 days after the invoice reception. In the absence of an invoice, no payment shall be made. If desired, the consignor may at any time withdraw items from sale. Unsold copies will be returned at his expense. The amount repaid to the consignor is indicated on the Consignment Sale Sheet, the commission received by the consignee is the percentage deducted from the unit price, taxes excluded, as shown on the Consignment Sale Sheet and reported on the invoice.
15. 4 : Warranty Clause
The consignor declares that the items are his property, unsecured. The cosnignor acknowledges being the sole owner of the objects designated by the Consignment Sale Sheet and giving the consignee to sell them, and having read all the conditions of the consignment sale.The consignee undertakes to pay the parts sold to late receipt of the invoice. The Depositary agrees to give back unsold items in perfect condition upon request.
15. 5 : In the event of an incident, loss or theft of an object placed on consignment
In the event of an incident, loss or theft of an object placed in consignment, the consignee reimburses the consignor with the amount indicated on the deposit slip with the words "Net price payable to the consignor".
15. 6 : Distribution of items
The consignee does not require any exclusivity from the consignor in the distribution of articles.
16. Screening, copy rental and transfer of rights for single-use public screening, commercial and non commercial
The legal framework for concession of public performance rights in a cinematographic work is fixed by Article 15 of the Decree of December 28th 1946 on the Code of film industry, modified, supplemented and clarified by the ministerial decree of January 6th 1964 and the regulatory decision No. 50 of June 9, 1964.
The screening rights are not rights attached to a media. They are intangible, limited in time (single screening).
The "Buyer" (operator, association or NGO ...) can buy the rights to a film that are owned by momento!, and in exchange, may publicly present the cinematographic work acquired.
The remuneration is fixed and given as an indication on the site momento-films.com. Remuneration per film and screening may be proportional to the revenues generated by the ticket sales made by the organizer of the screening and calculated after the collection of MG  depending on the capacity of the hall where the film will be screened, or flat depending on the capacity of the hall where the film will be screened.
The “buyer” may arrange a public screening of a film or films featured on the momento! catalog and become an occasional broadcaster by the following scenarios:
The "buyer" is an independent operator in charge of the programming of a movie theater. The screening generates a ticket office, controlled by the CNC, from which the legal obligations of the operator are deducted prior to submitting a percentage of the revenue to momento! and a MG. The lump-MG is based on the accommodating capacity of the hall of the said screening.
The "buyer" wants to organize a paying public screening buys the rights to a film that are owned by momento! , and in exchange can publicly present the cinematographic work temporarily acquired. Remuneration per film and per screening is proportional to income and calculated after the collection of a MG* depending on the capacity of the hall where the film will be screened.
The "buyer" wants to organize a free public screening buys rights to a film that are owned by momento! , and in exchange can publicly present the cinematographic temporarily acquired. A flat fee per film and screening is calculated based on the capacity of the room where the screening will take place.
A broadcasting organization, having acquired these rights of public presentation, will be required to pay directly to the authors' societies (SACEM. ..) rights that may be due for public viewing.
16.1 The conditions of a screening reservation are defined by Article 4 of these terms and conditions.
16.2 The remuneration payment is due upon sending of the invoice to the buyer by momento!. as defined by Article 5 of these terms and conditions
16. 3 The conditions of screening copies forwarding are defined by sections 7, 8, 9 and 10 of these terms.
17. Institutional rights and use rights of films for non-commercial, cultural and educational networks
Any cultural or educational institution under public law or private law may acquire rental and consultation rights to a film offered by momento !
The extension of rights of use of films available for "consultation" is limited to the option of viewing a program, free of charge, in the premises of the procuring body, individually or in groups, to the exclusion of any other use.
These screenings are reserved for small groups, that is to say to people attending the premises of the procuring body, eg: students of a school, library users ...
The activity must be totally free, no membership, no participation fee, direct or indirect, needed in order to have access to these representations. Information must be done only within the confines of the procuring body (no outdoor advertising nor press nor leaflets nor posters...).
Videographic rights of on-site consultation are of a non-commercial character and implicate: limited public, free of charges, no outdoor advertising, control of the procuring body. This activity is not akin to a film-type activity with programming: call for an audience outside the procuring organization by publishing programs, posters, leaflets, or distribution of information on the website...
The broadcasting organization, having acquired these rental rights, will be required to pay directly to the authors' societies (SACEM. ..) rights that may be due for public viewing.
17.1 The order conditions of institutional rights are defined by Article 4 of these terms and conditions.
17.2 The remuneration payment is due upon sending the invoice to the buyer by momento! as defined by Article 5 of these terms and conditions.
17. 3 The terms of delivery of screening copies are defined by sections 7, 8, 9 and 10 of these terms.
18. DVD for private use
All rights of registered films are reserved. The works recorded on DVD and sold online by momento! are intended exclusively for private use within the strict family circle, as defined in Article 41.1 of Law No. 57298 of March 11th 1957 on intellectual, literary and artistic property.
Any other use without prior permission (including reproduction, loan, trade, television broadcast, exports), even partial, even free, is strictly prohibited under penalty of prosecution.
19. Buy lots of DVD destined for resale.
20. Promotion, advertising and communications equipment
To the extent that the rights acquired by the "buyer" permit, the promotion of cinematographic works is at the expense of the "buyer". However, momento! has available the documents for presentation and promotion (press releases, press reviews, digital posters, photos, etc.) on the site momento-films.com.
 Minimum Guarantee (MG) a firm and final advance on future revenues from the exploitation of a film, made by the agent to whom momento! has consented the film exploitation.
 The granting of rights of public presentation of a feature film whose exploitation visa is less than five years old can be granted to movie theaters operators only for a proportional share in revenues made during the screenings of the program that this work is a part of.
The provisions of the preceding paragraph shall not apply to contracts with movie theaters operators that record in a determined room a weekly average of admissions of or less than 1200 for a period of one year; these operators are allowed to rent their movies through the stipulation of a fixed price established in advance.
 Minimum Guaranteed, see note 1.
 Minimum Guaranteed, see note 1.