Conditions of purchase (2012-10-17)
1. General Terms and Conditions
These General Terms and Conditions for the purchase of DVD films and films streamed via the Internet state the terms and conditions that apply between the user/purchaser (Referred to as “User”) and Flyfishingfilms.com, owned by Mountain Media (Swedish organisation number 600813-7017).
Flyfishingfilms.com reserves the right to change and amend the General Terms and Conditions. Changes and amendments can be made at any time without notice. The current General Terms and Conditions are always available on the web site.
When the User clicks the button marked “Checkout with Paypal” on the Shopping Basket page, the User thereby confirms that the User has read the current General Terms and Conditions, and that the User approves and accepts the General Terms and Conditions.
2. Age limit
The User must be 18 years of age or older in order to purchase a DVD film or a streamed film from Flyfishingfilms.com. If the User is aged 16 or over – but has not yet reached the User’s 18th birthday – the User must have permission to purchase a DVD film or streamed film from the User’s parent or guardian.
When the User clicks the button marked “Checkout with Paypal” to confirm an order, then the User affirms that the User is 18 years of age or older or, if the User is aged 16 or over – but has not yet reached the User’s 18th birthday – that the User has permission to purchase a DVD film or streamed film from the User’s parent or guardian.
Films which are rented using Streaming are delivered as data files. All copyright for these files and their content (hereafter known as “Files”) which are rented by the User is reserved for the film Production Company and other related copyright owners and license holders.
The Files contain material protected by Swedish and international copyright law and the Files and the content therein are restricted to private use.
In accordance with the limitations of copyright law, User restrictions and General Terms and Conditions applicable at the time, the User may:
Stream Files to a personal computer, tablet computer, television receiver, telephone or other similar device connected to the Internet.
Use the Files an unlimited number of times during a 48 hour period or for a longer or shorter period of time that may from time to time be decided by Flyfishingfilms.com.
The Files and/or the contents of the Files may not be wholly or partly copied or distributed, assigned to other persons or made available on a file-sharing site, or used for commercial purposes. The Files and/or the contents of the Files may not be wholly or partly sold, rented, leased or sub-licensed to any other party.
The User undertakes to continuously keep the User informed about changes and additions to copyright law and other norms within copyright law.
The User must ensure that the User has sufficient control of the Files and/or the contents of the Files to prevent copying, distribution or other use of the Files and/or the contents of the Files in breach of Swedish and international copyright law or the General Terms and Conditions.
The User is obliged to ensure that the User has control of the computing device where the Files are stored.
The User must not reveal to anyone the User’s membership details of, or password to, the User’s Flyfishingfilms.com account.
The User must ensure that Flyfishingfilms.com suffers no loss if the streamed Files and/or their content are used in breach of the General Terms and Conditions.
The User must pay the price displayed in the web shop for any film or films purchased. The price is shown clearly, in Swedish crowns, in the order confirmation. The price includes all taxes and charges.
The price does not include any fee or charge the User must pay in accordance with the User’s agreement with the User’s Internet Service Provider, or any other costs related to the use of the User’s own personal computer, tablet computer, television receiver telephone or similar device connected to the Internet, including communications equipment.
5. Delivery time
When Flyfishingfilms.com has received the User’s confirmation, Flyfishingfilms.com will begin delivery of the service and the film will be available for viewing. The time it takes to download a File is dependent on several factors, such as the capacity and performance of the User’s own computer equipment and the current traffic load on the Internet.
DVD films are normally delivered within 14 days of the order being placed.
Flyfishingfilms.com is not responsible for disruptions or delays in delivery caused by faults or deficiencies in the User’s equipment or any other technical equipment which does not belong to Flyfishingfilms.com.
Flyfishingfilms.com is not liable for damage or losses – both direct and indirect – as a result of interruptions or delays to delivery. In the event of non-delivery, the User has the right to receive a replacement film at no extra cost.
6. Faulty service
In order to see streamed films from Flyfishingfilms.com, the computer equipment used must fulfil certain minimum technical specifications. These technical specifications are published on Flyfishingfilms.com web site. Flyfishingfilms.com reserves the right to make changes in these technical specifications. Changes may be made at any time and without notice. The current minimum technical specifications are always available on the web site. The User is responsible for ensuring that the User’s equipment complies with the published minimum technical specifications.
In order to ensure that streaming is performed correctly, the User’s registered membership details must be complete and correct. The User is responsible for ensuring that all information supplied to Flyfishingfilms.com is correct and complete.
All films and the content therein are distributed “as is”.
Flyfishingfilms.com is not responsible for faults or damage caused by the User or for faults or defects in the User’s equipment or in any other technical equipment not owned by Flyfishingfilms.com.
Flyfishingfilms.com takes no responsibility for damage caused by computer breakdowns or for any loss of data.
Flyfishingfilms.com is not liable under any circumstances, unless described above, for any damage – direct or indirect – resulting from faults or failings in the service.
7. Right of Withdrawal
The films that are rented are distributed electronically as streaming files. Flyfishingfilms.com therefore supplies the User with a service in accordance with the Swedish Distance Selling Regulations. Flyfishingfilms.com’s completion of this service starts as soon as the order confirmation is sent to the User. Therefore the provisions of a Right of Withdrawal as specified in the Swedish Distance Selling Regulations do not apply.
By clicking on the “Buy” or “Rent” button in the order confirmation view the User agrees that Flyfishingfilms.com may start to complete the delivery.
Films that are purchased as DVDs are covered by the 14 day Right of Withdrawal in the Distance Selling Regulations. The User is responsible for payment of return carriage and the goods must be returned with an unbroken plastic seal.
8. Supplementary information on the web site
Rules for membership, information regarding purchasing and other facts relevant to purchasing are published on the web site. The User agrees to read such information before making a purchase and to keep the User up to date with currently published rules.
9. Archived information
Flyfishingfilms.com will archive all relevant contractual information electronically for at least the time specified in Swedish accountancy and company law, and in accordance with good accounting practice in Sweden. The User has a right to see this contractual information, to a reasonable extent, on request. Such requests may be made to Flyfishingfilms.com’s Customer Service unit.
Flyfishingfilms.com has routines in place for the continuous backup of data and to ensure good levels of network security. However, loss of data and information cannot always be prevented. The User is therefore encouraged to archive the User’s own relevant contractual information in a secure manner.
10. Personal information
By accepting the General Terms and Conditions, the User agrees to allow Flyfishingfilms.com to save and process such information in order to allow Flyfishingfilms.com to fulfil its obligations and exercise its rights as related to the User’s membership and purchase of films. The information may even be processed in order to help analyse and improve the service.
The User’s personal details will be saved as long as there is a contractual relationship between the User and Flyfishingfilms.com, and for a period of time following this, if deemed necessary to allow Flyfishingfilms.com to fulfil its obligations and exercise its rights as related to the User.
The User has the right to receive information, once a year, about how the User’s personal details are used.
A request in writing may be made to Flyfishingfilms.com’s Customer Service Unit.
11. Transfer of rights and obligations
Flyfishingfilms.com has the right to transfer its rights and obligations, as set out in the General Terms and Conditions, to another party without the previous consent of the User.
The User does not have the right to transfer the User’s rights and obligations as set out in the General Terms and Conditions without previously receiving the written consent of Flyfishingfilms.com
13. Applicable law and court of arbitration
Disputes about the interpretation and application of this agreement which cannot be solved by negotiation between the parties concerned may be referred to the Swedish National Board for Consumer Disputes (ARN).
The agreement shall be governed by and interpreted in accordance with Swedish law, and the Swedish courts shall have jurisdiction to resolve any disputes concerning the agreement.
14. Questions and contacts
If there are any questions about these General Terms and Conditions, or questions about the service itself, please contact the Customer Service Unit at Flyfishingfilms.com.