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Terms And Conditions

  1. The owner of this web site is Net Generation GmbH whose address is
    Net Generation GmbH
    Rathausstrasse 14
    6340 Baar
    Switzerland.
    Tel: +41 (44) 586 65 11
    e-mail: info@netgeneration.ch. (?Net Generation?/?Eurocreme.Com?/?we? /?us?/?our?).
    Registration number CH-170.4.009.627-4

  2. Your contract for purchases made through the Site is with Net Generation, and you undertake that any and all goods ordered by you are for your own private and domestic use only.

  3. You must be eighteen years old or older to use this site, and you must be considered an adult according to the laws of your country. You must be familiar with the youth protection laws of your country.

  4. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

  5. No contract for the sale of any product will subsist between you and Net Generation until Net Generation dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by Net Generation of your offer to buy goods from Net Generation or a third party supplier that is engaged on your behalf by Net Generation(whether or not you receive that e-mail).

  6. You agree that e-mail can be used as a long-distance means of communication.

  7. This confirmatory e-mail will contain all relevant statutory information concerning your contract.

  8. The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with paragraph 59 below from time to time.

  9. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.

  10. To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases including registered Credit Reference agencies and fraud prevention agencies, who may keep a record of that information. By accepting these terms and conditions you consent to such checks being made. We shall be entitled to process your data in accordance with the terms of our  Privacy Policy. Please view this document for further information. All information provided by you will be treated securely and in accordance with the Swiss Federal Act on Data Protection of 1992.

  11. You undertake that all details you provide to Net Generation for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.

  12. You must choose a username and password on completion of registration. You are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.

  13. If there are any changes to the details supplied by you it is your responsibility to inform Net Generation as soon as possible.

  14. All purchases are non-exchangeable, non-refundable and non-transferable.

  15. Net Generation reserves the right refuse any goods which are not returned in mint condition.

Recurring Membership Subscriptions

In some territories and with some payment methods you can purchase a recurring Membership subscription. At the end of the Membership subscription period you will automatically be re-billed for the next subscription period. The amount that you are billed may vary between subscription periods, depending on which Membership subscription offer you purchase.The minimum contractual period for a recurring Membership subscription is the duration of each subscription period purchased. You can cancel a recurring Membership subscription at any time, but the cancellation is subject to the minimum contractual period. Recurring Membership cancellations must be done a minimum of 3 working days, based on Central European Standard Time, prior to the date that the next payment is due to be taken. We cannot guarantee that cancellations done later than this will be actioned before the next payment is taken.

Liability

  1. This section applies only to the extent permitted by law. For the avoidance of doubt, Net Generation does not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Net Generation?s negligence or wilful default, or that of Net Generation's employees, agents or subcontractors or (b) fraudulent misrepresentation.

  2. Net Generation does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.

  3. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price, if the item(s) has been charged and not dispatched we will cancel and refund your order.

  4. Net Generatio nwill do its best to correct errors and omissions as quickly as practicable after being notified of them.

  5. TO THE FULLEST EXTENT PERMITTED BY LAW, NET GENERATIONIS PROVIDING THIS SITE AND ITS CONTENTS ON AN ?AS IS? BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, NET GENERATIONDOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.

  6. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Net Generation shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Net Generation of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.

  7. You and Net Generation will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.

  8. The products sold on the Site are provided for private domestic and consumer use only. Accordingly, Net Generation does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Net Generation.

Processing of orders

  1. Credit and Debit cards are debited at the time you place your order on. Displayed prices exclude tax and shipping. These will be added during the checkout process, where any applicable discounts will also be applied. The full price of your order will be displayed before you complete the credit card transaction.

  2. Every purchase you make shall be deemed performed in Switzerland. Swiss law shall govern every aspect of contractual agreement concerning purchases made from the Site.

  3. Net Generation aims to arrange shipment of all ?in stock? items within 24 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. Net Generation is not able to supply dates our suppliers may get an item in stock.



Delivery/title/risk

  1. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us.

  2. If your delivery address is outside of Switzerland, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Net Generation advises each customer to contact their local customs office for further information.

  3. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.

Digital Downloads

  1. The following terms and conditions (?Ts and Cs?) specifically apply to digital downloads, which consist of providing online video and music download services (?The Download Services?) :

  2. No contract will be formed between you and Net Generation until the items are made available for download. We will confirm that the item has been made available for download via email. This confirmation e-mail amounts to our acceptance of your offer to buy items at Net Generation (whether or not you receive that e-mail provided that you are able to access that e-mail).

  3. In case the media files are damaged or incomplete, you must notify us immediately by e-mail to admin@eurocreme.com. We will replace the media file or give you a full refund if there are any problems affecting that particular media file. We undertake to re-credit your card as soon as possible.

  4. Music files and pages provided through the Download Services are digital files protected by national and international laws for the protection of intellectual property rights including, without limitation, copyright.

  5. It is expressly forbidden to copy, distribute, share or otherwise broadcast the media files downloaded from Eurocreme.Com.

  6. To prevent illegal use, media files may carry a digital watermark that allows the tracking of any subsequent illegal transfer. You must not attempt to remove the watermark, damage the file or try to circumvent the security mechanisms in any way. Watermarks enable identification of the unique original owner of the media file, details of which may be conveyed to the copyright owners where there is a reasonable suspicion that copyrights have been violated.

Currency

  1. The base currency of the site is the Euro. Prices may be displayed in UK POUND or US DOLLAR if the site?s geographical IP locator detects that you are in one of those territories. This is for your convenience only. The exchange rate between Euros and UK POUND and US DOLLAR is not dynamic, and is set periodically according to the prevailing published exchange rates. UK POUND and US DOLLAR prices are therefore an approximation of the Euro price. You will be charged in Euros for any transaction, and Net Generation GmbH will not be liable for any variation between the Euro price and the corresponding UK POUND or US DOLLAR price displayed on the site.

Miscellaneous

  1. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.

  2. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.

  3. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.

  4. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.

  5. In these Terms, ?Intellectual Property Rights? means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.

  6. Subject to the licence granted to you to use the Site, Net Generation reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of Net Generation and its affiliates? trade marks, trade and business names and service marks under this Agreement will vest in Net Generation and its affiliates, as appropriate.

  7. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Net Generation tracks the electronic ?fingerprints? of every order placed on Net Generation to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.

  8. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:

    1.  
        • you fail to make any payment to us when due;
        • you breach the terms of this Agreement (repeatedly or otherwise);
        • when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
        • we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.

  9. Net Generation may amend these Terms from time to time, and place the new version on the Site. For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following Net Generation?s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.

  10. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Net Generation and you relating to your purchase. Net Generation advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Net Generation. We will store a copy of the contract entered into by you with Net Generation. You are advised to read (and are responsible for reading) fully all information on this website.

  11. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.

  12. These Terms are subject to the laws and exclusive jurisdiction of Swiss Law

Users wallet / fees / cancellation

  1. You are required to pay a Fee on the date that you open your Wallet. Your credit / debit card or bank account will be charged each time You request to have additional funds added to your Wallet.
  2. Your first payment will be based upon the price advertised on the Web Site. Net Generation GmbH reserves the right to change Fees from time to time and any such changes may affect the price of the Paid Content on the Web Site. Net Generation GmbH reserves the right to make any special offers to particular Users as deemed appropriate by Net Generation GmbH, in its sole discretion.
  3. For further information on the Wallet and pricing, please visit the Top Up page.
  4. You acknowledge and agree that you may forfeit funds in your Wallet if there is no activity in your Account for a period of ninety (90) consecutive calendar days.
  5. If You terminate your Account You will continue to have access to the Paid Content for as long as there is a positive balance in Your Wallet. Once fees are paid into Your Wallet, such payments are non-cancelable, and the fees paid non-refundable.
  6. If You believe you have been billed in error you must inform Net Generation GmbH within 24 hours of the transaction and must not use the Web Site or its Content during that time in order to receive a full refund. If any substantial use can be traced through your Account, Net Generation GmbH reserves the right to refuse a refund. In such circumstances You will continue to have access to the Paid Content for as long as Your Wallet has a positive balance.
  7. You hereby authorize Net Generation GmbH to charge Your credit card (which You hereby acknowledge was entered by You into the sign-up page) to pay for funds deposited in your Wallet. You agree to be personally liable for all charges incurred by You during or through the use of Web Site. Your liability for such charges shall continue after termination of Your Account.

Transfer or assignment of wallet

  1. You agree that as a User of the Web Site You shall not, under any circumstances, have the right to transfer or assign your Wallet to any other person or entity, and that any attempted transfer or assignment of a Wallet shall be void.
  2. You further agree that Net Generation GmbH, may at any time at its sole discretion and without prior notice to you, transfer or assign Your Wallet to an affiliated or non-affiliated company.

Payment Authorization / Notice of lost or stolen card / Fraudulent use of card

  1. Payment for the services provided to You at, and/or through Web Site may be made by automatic credit card debit and You hereby authorize Net Generation GmbH and its agents to transact such payments on Your behalf.
  2. You further agree that as a User, You must promptly inform Net Generation GmbH of any and all the following: loss or theft of the credit card used with your Account or other goods or services obtained in, at or through the Web Site; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding Your Account, such as loss, theft, unauthorized disclosure or use of an ID or password; and all other changes pertaining to Your credit card account used to pay for services pursuant to this Agreement which may affect Net Generation GmbH' ability to expeditiously obtain payments due to Net Generation GmbH. You agree that You will remain liable for any unauthorized use of Web Site or any of its services associated with your Account, until You have notified Net Generation GmbH Customer Service by electronic mail at support@eurocreme.com or by conventional mail at SwissPost 27050, Zurcherstrasse 161, 8010 Zurich, SWITZERLAND.
  3. You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from Web Site or any fraudulent reporting of an unauthorized charge to Web Site on Your credit card which has been made by You or anyone under Your authority, at a time when a charge or other obligation for payment for goods and/or services to Web Site remains outstanding at the time of such fraudulent reporting, You shall be liable to Net Generation GmbH for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability You may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
  4. You further acknowledge and agree that You will remain liable to Net Generation GmbH for any unauthorized use of the Web Site associated with Your Account.

Termination of Account

  1. Either Net Generation GmbH or You may terminate Your Account. If Net Generation GmbH terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate Your Account without giving reasons as a result of your breach of these Terms and Conditions, in which case You will not be entitled to a refund of any funds in your Wallet.
  2. If Net Generation GmbH terminates your Account, You will cease to have access to Paid Content from the time of termination.

Pay Per Minute

Each time you click on a clip and play it, you will be charged per minute or part of a minute of clip play time. The payment will be deducted from your account at the start of each minute of clip play time. You are able to pause the playing of a clip and retain the unused portion of your payment for that minute of clip play time. If you do not resume play of that clip within 15 minutes your unused clip play time will expire and you will be charged for that minute of clip play time. If you navigate away from the paused clip minutes your unused clip play time will expire and you will be charged for that full minute of clip play time. You will not be able to play a clip if you do not have sufficient credit in your account to view at least one minute of that clip.

Password Security

Users are responsible for providing all personal computer and communications equipment necessary to gain access to the Web Site. Access to and use of the Web Site is through the use of a password. Each User must keep his password strictly confidential and You agree that if You share Your unique Login name and/or Your Password with another individual that Your access to the Web Site is subject to immediate termination without notice or reimbursement of any kind.