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Terms and Conditions of Service |
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1 ACKNOWLEDGEMENT AND
ACCEPTANCE OF TERMS OF SERVICE (TOS). 2 DESCRIPTION OF SERVICE APVW makes every effort to provide users with the most accurate, up-to-date representations via our product descriptions. IMPORTANT: It is the User's responsibility to read the information provided before purchasing the product and to make sure that the video system is compatible with their video system or pc software. APVW will not be held responsible for any damage or loss of products caused by playing videos that are not compatible with the User's video system or MPEG files on their PC . Please read the Readme file contained on the software disc before installing the program as it contains important information on the installation and use of the program. 3. Shipping, Insurance and Payment information. Users are, responsible for paying the shipping and handling charges associated with
each item. The shipping and handling charges were established by taking
the average delivery charges for products. We offer a shipping insurance to insure your products if they are damaged or lost by shipping company. This insurance is covered 100% of the value of your products. WITHOUT INSURANCE NO REPLACEMENT!
Credit cards will be automatically charged for each
item selected at point of transaction. APVW reserves the
right to monitor order activity to provide credit card security for users.
To protect users, credit card orders may be delayed if order activity or
credit card information provided is believed to be in bad faith, or in
possible violation of local laws or restrictions. Orders paid by means other than a credit card are subject to product availability change while payment is in transit or funds are being cleared and APVW cannot reserve product or guarantee continued availability. All checks returned unpaid will be subject to a $30.00 fee charged to the user. DVD + or - R:
We always use high
quality DVD's. No printed labels, we print
direct onto the DVD! When ordering a DVD the customer must send
APVW an email stating the type of DVD. Without
email, APVW will send the customer a DVD-R, the ost common
type!
It is the customer's
responsibility to read estimated delivery times before selecting shipping
method and submitting order. Customer is responsible for a re-shipping
charge of $10.00 if package is returned undeliverable due to customer's
error. International
Shipping: Due to warranty issues and manufacturer's restrictions or
mailing difficulties, the product may not be able to ship to all
geographical locations. Furthermore, User is responsible for any and all
import duties, taxes, and custom charges and must comply with all laws and
regulations of the country in which User is receiving the goods. We offer a "shipping insurance" to insure your products if they are damaged or lost by shipping company. This insurance is covered 100% of the value of your products. All sales are final.
Shipping and handling (i.e. labor) charges for free items are not
refundable. Refunds or replacements of any defective, damaged or returned
items will only be allowed if: Without the addition "shipping
insurance" to your
order we cannot guarantee delivery and cannot be held responsible should your
order be lost in the mail. All claims of non-receipt of goods
must be reported within two months from the date of order.
APVW is not responsible for any shipping company's error or delay during
transit or the resulting damage or loss of value, time, profit or money.
4. MODIFICATIONS TO TERMS OF SALE. APVW reserves the
right to modify or discontinue the sale of product with or without notice.
APVW and affiliates shall not be liable to User or any
third party should APVW exercise its right to modify or discontinue
the product offering. From time to time, APVW, may, in its sole
discretion, exchange products or portions of a product when a particular
item is out-of-stock. 5. DISCLAIMER OF WARRANTIES. USER EXPRESSLY AGREES
THAT USE OF THE SERVICE PROVIDED BY THIS PROGRAM IS AT USER'S SOLE RISK.
EXCEPT FOR THOSE WARRANTIES EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, APVW
, IT'S AFFILIATES, AND THE HOST SITE MAKE NO FURTHER REPRESENTATION,
EXPRESS OR IMPLIED, REGARDING ANY PRODUCT PURCHASED, ANY TRANSACTIONS
ENTERED, OR ANY DESCRIPTIONS DISPLAYED ON THIS SITE. EXCEPT FOR THOSE
WARRANTIES EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, APVW, IT'S
AFFILIATES, AND THE HOST SITE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INTERNET SITE,
THE PRODUCTS OFFERED, AND THE SERVICE ARE PROVIDED "AS IS" AND "AS
AVAILABLE" BASIS. APVW, IT'S AFFILIATE, AND THE HOST SITE EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. NO ADVICE OR
INFORMATION, WHETHER ORAL, WRITTEN, OBTAINED BY USER FROM THE SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS
MAY NOT APPLY TO USER. 6. LIMITATION OF LIABILITY. APVW, IT'S
AFFILIATES, THE HOST SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, LOST
INFORMATION OR DATA, COMPUTER INTERRUPTION, AND THE LIKE) ARISING FROM OR
RELATED TO THE USE OF OR INABILITY TO USE THIS INTERNET SITE. APVW,
IT'S AFFILIATES, THE HOST SITE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION,
AND THE LIKE) ARISING FROM THE USE OF OR RELATED TO ANY PRODUCT PURCHASED
FROM THIS INTERNET SITE. APVW, IT'S AFFILIATES, THE HOST SITE SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM ANY INFRINGEMENT OF ANY COPYRIGHT,
TRADEMARK, TRADE DURESS, SERVICE MARK, OR OTHER INTELLECTUAL PROPERTY
RIGHTS ARISING FROM THE USE OR INABILITY TO USE THE SERVICE, OR BY THE
UNAUTHORIZED USE OF, OR ACCESS TO, THE SERVICE. APVW, IT'S AFFILIATES,
THE HOST SITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, AND THE LIKE)
ARISING FROM USE OF OR RELIANCE UPON THE DESCRIPTIONS, SUGGESTIONS,
RECOMMENDATIONS, OR OTHER STATEMENTS CONTAINED ON THIS SITE. SOME
JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, SO SOME
OF THESE LIMITATIONS MAY NOT APPLY TO USER. 7. PROPRIETARY RIGHTS TO CONTENT USER ACKNOWLEDGES THAT
CONTENT, INCLUDING, BUT NOT LIMITED TO, TEXT, SOFTWARE, MUSIC, SOUND,
GRAPHICS, VIDEO OR OTHER MATERIAL CONTAINED ON THE SITE, IN
ADVERTISEMENTS, OR THE SERVICE ITSELF IS PROTECTED BY COPYRIGHTS,
TRADEMARKS, TRADE DRESS, SERVICE MARKS, OR OTHER PROPRIETARY RIGHTS AND
LAWS. USER MAY NOT COPY, REPRODUCE, DISTRIBUTE, OR CREATE DERIVATIVE WORKS
FROM THIS CONTENT WITHOUT THE EXPRESS WRITTEN CONSENT OF THE APVW, ITS
AFFILIATES, OR THE HOST SITE. Should any litigation
be commenced between the parties to this TOS, or the rights and duties of
either in relation to this TOS, the party prevailing in that litigation
shall be entitled, in addition to any other relief that may be granted, to
a reasonable sum as and for its attorney's fees in that litigation which
shall be determined by the court in that litigation or in a separate
action brought for that purpose. 9. GOVERNING LAW. This TOS shall be
governed by and construed in accordance with the laws of The Netherlands. User and the Service agree to submit to the exclusive jurisdiction
of the courts of The Netherlands. Venue shall be established in the
County of Lelystad. If any provision of this TOS is determined to be
unenforceable or contrary to law in a court of competent jurisdiction, the
remaining provisions shall remain valid and in effect, and shall be
construed so as to give full effect to the intentions of the parties. APVW's failure to exercise or enforce any right or provision of this TOS
shall in no way constitute a waive of such right or provisions unless so
acknowledged and agreed by legal counsel of APVW in writing.
10.
SUCCESSORS AND ASSIGNS 11. APVW, and all page headers, custom graphics and custom icons are
service marks and trademarks of APVW. All other trademarks,
copyrights, product names, and company names or logos cited herein are the
property of their respective owners. |