|
1. Acceptance of Terms and Conditions
a) These Terms and Conditions govern your use and membership of DVDsDirect.ie. References to "we", "us", "our" or "website" are references to DVDsDirect.ie. By using, visiting, or browsing the website, you accept and agree to be bound by these Terms and Conditions. If you do not agree then you must exit the website immediately.
b) These Terms and Conditions are an ongoing contract between you and DVDs Direct and apply to your use of our service and website. These Terms and Conditions affect your rights and you should read them carefully.
2. Changes to Terms and Conditions
a) We may change these Terms and Conditions at any time. The Terms and Conditions applicable to your access to, and use of this website will be the version that is current, and displayed on the website as at each date you access the website. It is your responsibility to check the Terms and Conditions on each occasion that you access the website.
3. Use of the Website
a) This website and the services provided through it are for personal, non-commercial use. You may only make use of the Content to the extent necessary to allow you to use the Website and the services provided through it. You shall not use the Content /and or Website for any illegal or immoral purpose, or otherwise frame, link or deep-link this website to any other website without our prior written consent. You agree that you will
- not upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website.
- not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
b) Whilst using this website, you agree not to impersonate any other person, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
c) Neither DVDs Direct nor any other third-party provider of content on the website warrants that the website or its content will be uninterrupted or error free, free from viruses or security breaches. The website content is not guaranteed to be 100%, accurate, complete, timely, verified or up to date. The website and the website content are presented and distributed on an "as is" and "as available" basis.
4. DVDs Direct Membership
a) To qualify for membership you must meet the following criteria - you are over 18 years of age (persons under the age of 18 are not permitted to have an active account or to rent DVDs under any circumstances)
- you are a resident in the Republic of Ireland
- you have a valid credit or debit card
- you agree to supply us with your personal details including your name, postal address, email address and contact number
b) DVDs Direct reserves the right to refuse membership for any reason.
c) Provided that you met the Membership Criteria, you may register as a DVDs Direct website member free of charge. If you register as a DVDs Direct website member, all the terms of these Terms and Conditions shall apply.
d) Members who have provided valid payment details will have their account activated and are eligible to rent DVDs from DVDs Direct whilst their account is in credit. See below for the Terms and Conditions for payment of membership.
e) If it comes to our attention that you are allowing anyone to view age-restricted titles when they are not of the relevant age, we will terminate your subscription immediately and without notice.
f) Memberships are non transferable and therefore can not be sold or traded
5. Payment of Membership
a). You agree to update your credit card details provided to us in a timely manner and to ensure that your credit card has sufficient credit to allow your subscription to be processed.
b). If we are unable to successfully charge to your credit or debit card any amount properly payable by you within 28 days your account will be closed and any outstanding DVDs in your possession will be billed at €20 per disc. Failure to pay this may result in us engaging a debt recovery agent to recover such unpaid amounts, including any costs and expenses incurred as a result of taking such action.
c) You agree not to hold us responsible for banking charges incurred due to payments failing on your account.
d) We may, in our sole discretion, change the fees for any services at any time. We agree to notify you by email at least 30 days in advance of any increase in fees. If you do not agree to such changes in service prices you have the right to cancel your subscription in accordance with our cancellation policy.
e) You can change your membership level at any time, please read the instructions in your "Profile" section for instructions. This action can only occur a minimum of five (5) working days prior to your next billing date
6. Dispatch and Return of DVDs
a) DVDs can only be delivered to addresses in the Republic of Ireland.
b) We will do our best to get the discs you have requested to you as quickly as possible. We reserve the right to vary our allocation criteria from time to time.
c) Although we allow you to prioritise the order in which we send you discs, we cannot guarantee that you will always receive the title in the order shown in your rental queue.
d) All DVDs are posted in prepaid envelopes via An Post.
e) You will not hold us responsible for any delays, outside our control, which relate to the mailing or delivery of discs.
f) We provide you with one addressed, prepaid peel and seal reply envelope per order sent to you to allow you to return the order.
g) You may also return any disc to us by placing the disc in its plastic case, putting the case into an envelope the same size as the envelope provided, and posting the envelope to:
DVDsDirect.ie
Rathmullan
Letterkenny
Co. Donegal
h) If you lose the plastic disc case, you agree to ensure the disc does not get damaged when it is returned to us. You agree that DVDs Direct may charge you €20 per disc for damage caused to discs returned without adequate protective packaging. Place the disc into a padded envelope, preferably with some thick cardboard to prevent it bending, and post it to the address above.
i) We understand that occasionally discs are lost in the post. You agree to notify us promptly if you have not received, within five (5) working days, discs that are recorded on your "Rental History" page as having been dispatched by us to you. Also you agree to notify us within five (5) working days of the date being posted by you, discs that are not recorded on your "Rental History" page as having been received by us.
j) We will not hold you liable for the cost of discs lost in the post provided that you promptly complete within seven (7) working days (from the date the missing disc has been reported) forms and declarations that we may require relating to the loss of such discs. You agree that we may charge you €20 for any disc lost in the post if you do not promptly complete such forms or declarations.
k) We reserve the right to cancel your membership if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.
l) We cannot be held responsible for items belonging to you or those belonging to a third party, which are sent to us in error. Where possible, we will try to return these items, but are unable to compensate you for the loss of such items and we shall have no liability therefore.
7. Treatment of DVDs
a) All DVDs remain the property of DVDs Direct. You agree not to resell any discs supplied by us to you. You also agree not to copy, lend, make them available to hire, or allow any such unauthorised or illegal use to occur.
b) You agree that you will not infringe any rights including intellectual property rights of any person including, without limitation, by copying, reproducing, screening, republishing or otherwise modifying any material provided as part or your DVDs Direct membership.
c) You agree to notify us immediately if any disc sent by us to you is defective and promptly return that disc to us with a note enclosed with type of defect. Following such notification we will send you another disc of the same title or another item from your rental queue, as soon as practicable.
d) You agree to treat the discs and their associated packaging with the utmost care at all times. You agree that we may charge your credit card if it is returned in an unreasonable condition (reasonable wear and tear excepted). In this event, we will give you advance notice before charging you. We will charge you €20 per damaged disc.
8. Account Cancellation
a) If you wish to cancel your subscription you must ensure you have COMPLETED the cancellation a minimum of two (2) working days prior to your Billing Date to avoid being charged a further month's subscription. We DO NOT provide refunds for cancellations part-way through the billing period.
b) For instructions on how to cancel your membership go to your "My Account" section. DVDs Direct reserves the right to change how memberships are canceled at any time.
c) We must have received all discs in your possession before cancellation is effective. Cancellation will take effect from the day you cancel or the day all discs you have rented have been received by us, whichever is the later. If you cancel your subscription before your next Billing Date but we do not receive all outstanding discs from you before your Billing Date, you will be charged a further one month's subscription. You should therefore mail back any discs you have, leaving enough postal days for them to arrive with us prior to your next Billing Date. We recommend posting them at least five (5) working days prior to your Billing Date. When returning discs and cancelling your account, we advise obtaining a "Certificate of Posting" from your post office when posting our discs to us. Refunds will not be given for cancellations part-way through a billing period.
d) You agree that we may charge you €20 for every outstanding disc that is not received by us within thirty (30) days of cancellation of your subscription.
e) We may cancel or suspend your subscription at any time. Without limiting this general right, we will cancel your subscription immediately and without notice to you if we have reasonable grounds to believe that you have breached any of these Terms and Conditions or behaved in a manner that we deem unreasonable or contrary to the spirit of these Terms and Conditions.
9. Refund policy
If you are not satisfied with the level of service you have received from DVD Direct.ie, and wish to cancel your subscription with us, please log in to your account and click on the Contact Us link which appears at the bottom of ever page on the site and request a cancellation using the form provided.
We will issue a refund for the full cost of your current subscription once all rented DVDs have been returned to us. Refunds can take up to 10 working days to be issued.
|