- 1. Subject
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, 2bis rue Dupont de l'Eure, 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.
- 2. Prices
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.
- 4. Order
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.
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.