Terms and Conditions - SkyRELOAD.TV (International Office Solutions SL)

§ 1 Scope

  1. These Terms and Conditions contain the effective conditions between you and our company, International Office Solutions SL, Pl. Espanya 8, 07002 Palma de Mallorca, Spain, C.I.F B38924312, unless both parties conclude a modified written agreement.
  2. Any modifications to these Terms and Conditions will be e-mailed to you. If you are contrary to these modifications, we strongly advise you to notify us within the period of four weeks after receiving the notification; otherwise we will assume that you are not contrary to these modifications and that you fully accept them. In the event of modification of these Terms and Conditions, you will be advised specifically of your right to object and the legal consequences of remaining silent.

§ 2 User registration

  1. In order to participate in our trading system it is necessary to register an account. Registering an account with our trading system is free. There is no right to admission to our trading system. Persons with full legal capacity are only allowed to participate. In order to register simply fill in and submit the registration form available on our website.
  2. Make sure that you enter only factually correct and complete information into the registration form.
  3. You will be asked to choose your username, as well as a password during the registration process. Make sure that your chosen username neither infringes upon third party rights or naming and trademark rights, nor offends common decency.
  4. The user alone is responsible for keeping the password secure and it is strongly advised not to disclose it under any circumstances to any third parties.
  5. The registration process does not entail any other obligations from your part, apart from your declaration of consent to the Terms and Conditions. You are entitled to delete your account at any time at “My Account”.
  6. Registration itself does not oblige you in any way to purchase any of the goods or services we offer.
  7. In case of any changes to personal information, the user alone is responsible for keeping his personal information updated. All changes can be made online after the registration at “My Account”.

§ 3 Data protection

  1. All personal data disclosed by you (address, name, date of birth, email address, telephone number, fax number, bank details, credit card number) will be collected, processed and stored by us exclusively in accordance with the provisions of the European Data Protection Act.
  2. Your personal data, to the extent that it is necessary for the justification, development, or modification of the contractual relationship (inventory data), will be used exclusively to process the sales contracts concluded between us, e.g. for delivery of goods to the address disclosed by you. Any further use of your inventory data for other purposes (purposes of advertisement, market research, or tailoring our offers) will require your explicit consent. Before you place your order you have an option to grant this consent. This consent is considered entirely voluntary – it can be accessed on our website and can also be withdrawn at any time by the user.
  3. Your personal data, required to facilitate and invoice the use of our services (usage data), will be used for purposes of contract implementation. Such usage data particularly encompasses attributes of your identification as a user, information on the beginning, end and extent of the user session, and information on the telecommunications media you call upon as a user. In addition, we will employ such user data for the purposes of advertisement, market research, or tailoring our telecommunications media for the creation of user profiles, using a pseudonym for your protection. You are fully entitled to and provided with the option to dissent to this use of your user information at “My Account”. The user profile will never, under any circumstances be combined with the matching data.
  4. You are advised to contact the Support team by e-mail at support(@)skyreload.tv should you wish to withdraw your consent to the use of your personal information or contest the use of your usage information or simply require further information.

§ 4 Conclusion of contract

The presentation of our goods and services does not constitute a binding offer. An offer is only binding after you have ordered the goods and services. We will send you an order confirmation e-mail if this offer is accepted.

§ 5 Conditions of payment

  1. Immediately after the order is placed, the purchase price becomes due for payment. All payments for goods and our services should be made with a credit card (in order to encrypt your personal information, we use SSL [Secure Sockets Layer] technology).
  2. For setting up the services ordered, the customer shall explicitly agree that we are allowed to use and record the customer’s credit card details; otherwise setting up a service is not possible.
  3. In case of paragraph 2, the subscription contract is concluded between the customer and the service provider directly (e.g. NowTV.com or Netflix). The costs for its services will be billed by the service provider directly via the credit card of the customer. We do not assume any liability for payments made using the credit card of the customer, except in the cases of payments made to us that we have initiated ourselves.
  4. In case that the service provider does not accept the customer’s credit card (including WWE Network for different countries), we offer to assume the payment for our customer providing that the customer pays the costs to us in advance. The charges payable for this service will be e-mailed to the customer.
  5. Already made payments are not refundable.

§ 6 Reservation of ownership

We retain ownership of the goods until receiving the full payment. We retain the right to cancel the contract and claim back the goods should the customer be in default with payment for more than ten days.

§ 7 Conditions of delivery

  1. We will deliver the goods in accordance to the agreements made with you. Shipping costs are clearly listed in the product description and will be displayed on our bill separately. The delivery date will also be previously and individually agreed upon or will be clearly stated on acceptance of the order by us. Alternatively, the regular delivery dates are listed clearly on our shipping information site.
  2. In the event that for any reasons for which we cannot be held responsible we are not able to meet the binding delivery dates (circumstances such as non-availability of the goods or service), we are obligated to inform you of it without any delay and at the same time provide a new expected delivery date. In the event that the goods or service is not available by the newly set delivery date, we retain the right to rescind the contract in whole or in part, in which case we shall fully refund any payments already made by the customer without any further delay. This non-availability of goods or services in this case particularly includes the following cases: failure of our suppliers to deliver in timely manner when we have entered into a congruent hedging transaction; the fault is neither ours nor our suppliers’; or particular cases where we are not obliged to provide the goods or services.
  3. In the event that we do not manage to secure delivery of the goods or do not provide them as stipulated in the contract, the customer must determine an extended deadline for us to provide the service. Otherwise, the customer is not entitled to withdraw from the contract.

§ 8 Right of withdrawal

  1. The customer has the right to withdraw. Valid European law references the prerequisites for and the legal consequences of revocation.
  2. We offer to our customers a 30-day money-back guarantee. We will refund the price of the purchase if you send us the good you ordered in the original packaging, as new and without any signs of use. This refund does not imply the shipping charges of the order; the refund pertains only to the purchase price of the ordered product. The customer can return a good no later than 30 days after receiving the good from us as verified by a receipt of posting or an alternative form of proof issued by the shipper. The customer pays return shipping costs.

§ 9 Warranty

  1. You are entitled (in the context of statutory regulations) to demand supplementary performance or a reduction of the purchase price, or to withdraw from the contract if the delivered goods are faulty.
  2. The statutory period of limitation for warranty claims for delivered goods is two years, effective from receiving of the goods.

§ 10 Liability limitation

  1. We are liable for any intent and gross negligence. Moreover, we will be liable in cases of negligent breaches of obligations such as: the breach risks the fulfilment of the purpose of the contract; the fulfilment of these obligations is necessary in order for the contract to be duly performed at all; and where compliance with such obligations is routinely relied upon by you. However, in the latter of these cases we will be liable only for the predictable damages which are typical for this type of contract.
    For damages to life, body and health, the existing exclusions of liability do not apply.
  2. It is not possible to guarantee an error-free data communication via the Internet and/or at all times availability, considering the current state of technology. In accordance to this, we will not be liable for permanent and uninterrupted availability of our online trading system. It is reasonable to expect errors to occur, especially when a third-party site blocks the data communication we provide. In such an event, we shall be obliged to take every measure required to eliminate this interference; however, liability cannot be assumed in this case.
  3. We will also not be responsible in the case when a third party supplier, on whom we rely to deliver our service, discontinues its service or becomes inaccessible for us on technical grounds. The customer is fully aware of such a risk.

§ 11 Performing the services

  1. We will configure and manage the accounts of our customers at individual service providers as integral part of our service (such as, but not exclusively, NowTV.com); the usernames and passwords for these accounts will not be disclosed to the customer. Any configuration and administration processes are conducted solely by us. The customer hereby exclusively agrees to this.
  2. Should a customer in the cases from paragraph 1 log out of his/her account or reset the entire ROKU box, it is the customer’s obligation to send the ROKU box to us at his/her own cost in order to enable us to reset his/her account.
  3. Should any problems and/or questions concerning the ROKU box services arise, the customer is obligated to always and exclusively correspond with us regarding the matter. The customer fully agrees not to make any direct contact with service providers. We reserve the right to withhold or cancel our service contract and deactivate the particular account in the event that the customer acts in a way that does not comply with this agreement.

§ 12 Final provisions

  1. The law of Spain will apply to the exception of the United Nations Convention on Contracts for the International Sale of Goods. If you are a permanent resident in a different country at the time of submitting of the order, the application of mandatory legislation of that country will remain unaffected by the choice of law from sentence 1.
  2. If you are a trader and at the time of ordering your registered office is in Spain, the sole place of jurisdiction is the registered office of the seller. Otherwise, the applicable statutory regulations apply for the local and international jurisdiction.
  3. If individual terms of this contract are invalid or conflict with legal provisions, the rest of the contract remains unaffected. The contracting parties will jointly replace the invalid term with a legally valid term which comes closest to the commercial purpose of the invalid term. The above provision applies in case of loopholes accordingly.

Appendix

Consumer information and withdrawal guidelines

If you visit our homepage and order goods or commission services, we would like to turn you attention to the following information:

  1. English language is the only available language for concluding of a contract
  2. Make sure to read the important characteristics of our goods and services, as well as the validity periods of limited offers, in the individual product descriptions within the scope of our Internet offer
  3. The presentation of our goods and services does not constitute a binding offer. An offer is binding only after ordering of the goods and/or services. If the offer gets accepted, we will send you an order confirmation e-mail, which completes the sales contract between you and our company
  4. Any potential input errors made during the order process can be acknowledged and modified with the delete and change options in the order summary at any time before the order is submitted
  5. The stated prices should be considered final, including taxes and shipping costs
  6. Immediately after the order is placed, the purchase price becomes due for payment. All payments for goods and our services should be made with a credit card (in order to encrypt your personal information, we use SSL [Secure Sockets Layer] technology)
  7. The customer has the right to withdraw. We refer to valid European law
  8. Any information necessary to process the contract between the customer and us will be stored. The customer is entitled to access it at any time. We therefore strongly advise our customers to consult our Terms and Conditions regarding the regulation of data protection
  9. For further information, consult our Terms and Conditions

International Office Solutions SL, Pl. Espanya 8, 07002 Palma de Mallorca, Spain
Registro mercantil C.I.F B38924312
General Manager: Marc A. Nieding

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