General Terms & Conditions
General Terms and Conditions
The following General Terms and Conditions are the property of Mr. Courtney Williams and his company Courtney D. LOFT Entertainment, they apply to each of the physical products and digital products listed by the above-mentioned company. These General Terms and Conditions serve as a contract between Courtney D. LOFT Entertainment hereafter referred to as "The Company", and any adult above 18 years, private or business, hereafter referred to as "The Client", these apply as soon as an order has been placed. Each placed order implies that the Client has read and therefore agreed to these very General Terms and Conditions.
About the Company and the provided services:
The Company named Courtney D. LOFT Entertainment's head office is located in Jamaica, Welcome District, Ken Jones P.O., in Hanover, phone number (mobile): +1-876-477-0316, e-mail address: firstname.lastname@example.org
The products provided by the Company are mainly related to art and entertainment: live performances on stage, songwriting, music production, sales of records, CDs and digital products. The company also sells physical products, namely merchandizing related to the group LOFT
The prices listed by the Company on http://loftofficial.de are in Euro (€) and will be invoiced such as listed, except in case of eventual promotion or special offer (announced on the Facebook page and/or Instagram account of the Company).
The statutes of the Company define that V.A.T. is non-applicable, given that the Company is established and based in Jamaica.
The Company reserves the right to change the listed prices at any given time without notice. The prices that will be applied are the one that are listed at the very moment when the Client places the order.
For each purchase of any listed service or product, an invoice will be made and sent by e-mail. Each invoice has the following information: invoice number and date, the information and legal mentions related to the Company, the information related to the Client (namely: first and last name, address, phone number and e-mail address), the nature, date and price of the purchased service or product as well as the payment method and date.
Offer and quotation expiry:
For any price request or price quotation, etc. the offer expires after 7 days. If the client hasn't confirmed the order or if the payment hasn't been made within these 7 days, the offer will not be valid anymore. If the Company changed its prices in between, the new prices will apply after the offer has expired.
Payment methods and terms:
Payments will be made via Paypal, guaranteeing safety for the Client. The Company will not have access to the information related to the Client’s credit card. Most payments will be made in Euro. If the clients asked, payments by bank transfer could also be agreed on.
If the Client lives outside the Euro Zone, payment will have to be made in Euro and will therefore be subject to the exchange rate defined by Paypal, the Company has no responsibility for the exchange rate.
Sales are made by e-mail. When the Client places an order, it implies that he/she has read and agreed to the present General Terms and Conditions; the order will be validated once Paypal will have validated the payment.
However, under exceptional circumstances, with the permission of the Company and if the Client requests, the payment can be made by bank transfer; in that case, the service will only take place once the funds are received on the company's bank account.
All products (digital and physical) will have to be paid before they will be sent or shipped. For physical products, shipping costs will be paid by the Client and included in the final sales price. The client will have to provide their location so that a quotation can be made.
In any case and for each product bought, whether the payment is made via Paypal or bank transfer, the Client guarantees that he/she has the required authorizations to use the payment method of his/her choice and the necessary funds to honor the payment.
The General Terms and Conditions of the Company do not grant any discount for advanced payment. Products that have been paid and sent can't be refunded under any circumstances.
In case of late payment, penalties shall be applied; the penalty rate shall be equal to three (3) times the current legal interest rate set by the French Law. Before starting any litigation procedure, the Company will try to find an amicable solution for the sake of both parts, the Company as well as the Client.
In case of payment incident unsolved within the month following the sending of the product and if no amicable solution was found, the Company reserves the right to start legal procedures in order to collect the due payment corresponding to the product that was sent. In that case, any cost related to the procedure aiming at receiving the due amount (increased by three (3) times the legal interest rate) will be at the charge of the Client, namely: postage cost for registered mail, legal costs for bailiff and lawyer fees, and more generally any court fees related to the very procedure.
The Company reserves the right to refuse or cancel any order from any Client with whom a problem would have been encountered before. If the Company refuses an order after it was paid, the Company will give the totality of the money back to the Client.
The Company also reserves the right to refuse a Client without having to justify the decision or if the Company notices a suspicious behavior. If the payment had already been made, the Company would give the totality of the money back to the Client.
Right of withdrawal:
According to the French Law called "Act Hamon" or "Loi Hamon" in French (Law n° 2014-344 of march 17th 2014 pertaining to consumption and distance services, more info in French here: https://www.legifrance.gouv.fr) any consumer is granted a right to withdraw within a cooling-off period of fourteen (14) days from the order date.
If the Client changed his/her mind within the fourteen (14) days following the order and wished to withdraw as he/she is legally entitled to do, the Client will have to inform the Company of his/her decision as soon and as clearly as possible, either using a standard withdrawal form (that the Client can find here in French: https://www.service-public.fr/particuliers/vosdroits/R38397) or by simply sending an e-mail informing the Company of his/her decision. In case of dispute, the Client is responsible for bringing the proof that he/she has respected the 14-day cooling-off period.
(More information can be found in French on the website of the French Government: https://www.service-public.fr/particuliers/vosdroits/F10485).
Any digital product that has been sent is non-refundable under any circumstance; the Client chooses to place an order in his/her own free will. the Company cannot be responsible for not refunding because these very General Terms and Conditions do not make this possible.
About digital contents and products:
When you place an order, you are expected to be legally able to pay for the product(s) you are purchasing, whether it is by Paypal or bank transfer. You have to have the necessary funds to honor your order.
Your order will be confirmed and sent to you by e-mail if the size of the file allows it. If the file is too big, you will be sent a link to download your product(s), you can also be provided with a secret and unique link that will direct you to a private video on a secret playlist on a video platform (ex: Youtube) or to a cloud or Google Drive.
In any case, you consent to never distribute or publish the digital contents you will have bought, whether you have downloaded or consulted it, nor will you distribute or publish the links to download or access to the purchased contents.
If you would be facing technical difficulties related to downloading or consulting the consent on the Internet, Morgane can never be held responsible for that. However, you can always contact the company to inform about your difficulties and a solution will be found to solve your problems in deadlines that are as short as possible to give you satisfaction.
It is totally and strictly forbidden to reproduce, copy or spread the contents (whether it is partially or in its entirety) that you have purchased from The Company as any of these actions would constitute a violation of both Courtney Williams and The Company's intellectual property as well as a violation of these very terms and conditions.
If you asked for your right of withdrawal to be applied within a 14-day deadline as planned by the law, you will get a refund. You therefore agree to destroy any downloaded or consulted contents as well as any links granting you access to these very contents.
Any digital products and their contents are part of Courtney Williams' and The Company's intellectual property, it is strictly forbidden to spread these contents in a private and/or a public circle and/or audience, the use of these contents will be for your personal and private use only - or to summarize, it is strictly forbidden to spread these contents to any other audience than the one it was initially bought for and intended to as agreed when you placed the order.
Commitments of the Company:
- Obligation of Means:
the Company commits to provide the work that corresponds to the product bought by the Client and to take all the necessary actions to do so. In that sense, the Company has an Obligation of Means, according to the Ancient Article 1137 of the French Civil Code (in French “ancient article 1137 du Code Civil”), but given the very nature of the activity, the Company has no obligation of results and cannot guarantee that the result conforms to the Client’s expectations as long as the product is delivered according to the instructions received by The Client, The Company will have fulfilled its part of the contract.
- The Company works in all honesty, respect, and professional conscientiousness; the Company preserves the Client’s anonymity, confidentiality and professional secrecy.
Respect of data confidentiality:
The data collected by the Company will be respecting the French Law pertaining to Information Technology, Data Files and Civil Liberty, namely Act n°78-17 of January 6th 1978, or in French: “Loi n° n°78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés”. the Company will collect data according to the French Law. (Here is a passage in French: Chapitre II - Section 1 - Article6:
"1° Les données sont collectées et traitées de manière loyale et licite;
2° Elles sont collectées pour des finalités déterminées, explicites et légitimes et ne sont pas traitées ultérieurement de manière incompatible avec ces finalités. Toutefois, un traitement ultérieur de données à des fins statistiques ou à des fins de recherche scientifique ou historique est considéré comme compatible avec les finalités initiales de la collecte des données, s'il est réalisé dans le respect des principes et des procédures prévus au présent chapitre, au chapitre IV et à la section 1 du chapitre V ainsi qu'au chapitreIXet s'il n'est pas utilisé pour prendre des décisions à l'égard des personnes concernées;
3° Elles sont adéquates, pertinentes et non excessives au regard des finalités pour lesquelles elles sont collectées et de leurs traitements ultérieurs ;
4° Elles sont exactes, complètes et, si nécessaire, mises à jour; les mesures appropriées doivent être prises pour que les données inexactes ou incomplètes au regard des finalités pour lesquelles elles sont collectées ou traitées soient effacées ou rectifiées ;
5° Elles sont conservées sous une forme permettant l'identification des personnes concernées pendant une durée qui n'excède pas la durée nécessaire aux finalités pour lesquelles elles sont collectées et traitées.").
The Company commits to never give or sell (against money or goods of any nature) the Company’s database or any information the database may contain to a third part.
The collected data will only be used in the field of the bought services and for the administrative formalities related to the law requirements.
The Company will be keeping the data in all confidentiality, in a safe and secure place to the best of the Company’s abilities, and according to the French Law requirements as regards to bookkeeping and the legal period of time that the documents have to be kept. In order to do so, the Company will keep and store any document related to exchanges or services: postal mail, e-mail, payment confirmation, invoice…
In case of dispute and if no amicable solution could be found, the Company reserves the right to use any stored document as evidences for the Company’s defense, according to the Article 1316-2 of the French Civil Code, or « article 1316-2 du Code Civil » in French. (Here is the Law article in French: Créé par Loi n°2000-230 du 13 mars 2000 - art. 1 JORF 14 mars 2000 Abrogé par Ordonnance n°2016-131 du 10 février 2016 - art. 3 Lorsque la loi n'a pas fixé d'autres principes, et à défaut de convention valable entre les parties, le juge règle les conflits de preuve littérale en déterminant par tous moyens le titre le plus vraisemblable, quel qu'en soit le support.)
- Intellectual property:
The digital products are tailored to each Client’s needs, the information they contain are private and are part of the Company’s intellectual property, none of the contained information can be taken out of the context nor can they be published online, be it partially or in totality.
All the information contained in these digital products and the personalized e-mail exchanges are part of the Company's intellectual property. Any diffusions, reproductions, excerpts, whether online, on paper or on any other support are strictly forbidden. The recordings will have to be kept for the Client’s personal use only (defined when the order was placed) and by no mean can they be given to third parts or uploaded online.
These very General Terms and Conditions are part of Courtney Williams and also of The Company’s intellectual property. The Company reserves the right to modify these General Terms and Conditions at any given time, without notice. The applicable General Terms and Conditions will be the ones that are displayed at the very moment when the Client places the order.
Each Client is responsible for his/her use of the Company’s products, especially regarding guidance. The Company cannot be held responsible for any addictive behavior or for taking advantage of a Client’s weakness/distress, therefore, the Company reserves the right to refuse an order in case of a Client’s behavior showing a tendency to overconsume. In this case, if an order would be refused after the payment was made, the Company will be giving back the totality of the amount as soon as possible via the same payment method.
- Costs of distance communication:
By e-mail: no extra cost charged by the Company
By instant message, vocal calls and/or video calls through the Internet: no extra cost charged by the Company
By phone: the Company is based in Jamaica, it can be reached through the phone, the cost will vary according to your provider and the phone plan you have according to your location but the Company will not charge any extra cost.
By post mail: you can send mail to the Company, the cost will be the ones that apply according to the nature of what you are sending via the Post office of your country, the Company will not charge any extra cost and will not send any mail to its clients by post mail.
Applicable Law and Jurisdiction:
The Company is governed by the Jamaican Law. In case of dispute, the jurisdictional authority is located in the town of Montego Bay, namely either Court of Commerce or Grande Instance Court, according to the nature of the dispute. For any dispute in Europe, the relevant authority is the Tribunal de Commerce or Tribunal de Grande Instance of Boulogner-sur-Mer.
The Company reserves the right to sue anyone who will have harmed the Company’s interests, property and/or rights.
All Rights Reserved - Courtney D. LOFT Entertainment - 2020