In these general purchase conditions:
These terms and conditions apply to all offers by and all orders to P.H. Media for the sale and delivery by P.H. Media of Products and services, and to all Agreements with P.H. Media with respect thereto.
1.3Provisions that deviate from these terms and conditions can be invoked by the Customer only if and to the extent that these provisions are explicitly accepted by P.H. Media and these provisions are only applicable to the relevant Agreement.
P.H. Media is established at Televisieweg 1-5 (unit 5A), 1322 AC Almere, The Netherlands. P.H. Media is registered at the Dutch Chamber of Commerce under number 34343620. P.H. Media's VAT number is: 820887717801. Customers may contact P.H. Media at: info@phmedia.nl and +800 500 5555 (i.e., a free phone number throughout Europe).
A Customer may only purchase the Products or additional Viewing Periods from P.H. Media Shop Online if he or she is aged eighteen (18) years or over or (if that age is higher) has reached the age required in the country where he or she resides.
3.2Personal data, such as contact details, that the Customer provides to P.H. Media during the order process will be kept and used by P.H. Media in accordance with the Dutch Data Protection Act, issued in compliance with the European Union Directives 95/46/CE and 2002/58/CE for the provision of the P.H. Channels to the Customer. Such data will furthermore be used for the purposes of computerised customer administration, market research and customer optimisation. Furthermore, P.H. Media may share the details provided with any other parties with which it is contractually associated.
3.3Under the terms of the applicable data protection rules and legislation the Customer is entitled to inspect and, if necessary, correct any personal data concerning him or her. Furthermore, the Customer is entitled to object to the use of his or her data for direct marketing purposes at any time. To this end the Customer may address a request for such inspection, correction and/or objection to P.H. Media by using the contact details as set forth under 2.1.
Prices set by or agreed to with P.H. Media consist of a price for the purchase of the Products (inclusive of VAT and other applicable taxes) and the subscription fee for the viewing of the P.H. Channels for one year (or for a period indicated at the time of purchase) (inclusive of VAT and other applicable taxes; such subscription fee shall be paid upfront for one (1) year, unless indicated otherwise at the time of purchase). In addition to the foregoing, the Customer will need to pay the transport and delivery fee due as a result of the delivery of the products to the Customer. The costs of such fee will be made known to the Customer before the order of a Customer is finalised.
4.2The transport and delivery fee is calculated according to the weight, the size as well as the delivery address. P.H. Media may increase the standard transport and delivery fee if the order requires multiple deliveries.
4.3P.H. Media will always notify the Customer in advance of any change to the transport and delivery fee that was agreed upon, and if the Customer does not wish to continue with its order and pay the amended transport and delivery fee the Customer may cancel its order and receive a full refund of any monies that were already paid in respect with such order.
4.4P.H. Media is authorized to make use of third parties for the execution of the Agreement.
If a Product in the assortment of the P.H. Media Shop Online is not available at the time the Customer wishes to place its order, a reservation can be made. A Customer cannot derive any rights from a reservation. Any estimated delivery time or delivery period provided is merely informative. Should the Product come available in the P.H. Media Shop Online, P.H. Media will contact the Customer to inform the Customer that the Product is available. A reservation does not bind the Customer to purchase the Product.
5.2This provision does not affect the Customer's other rights under law.
P.H. Media will deliver the Products to the address indicated by the Customer, provided that such address lies within a country whereto P.H. Media sells its Products. The Website contains a list of countries whereto the Products may be delivered.
6.2The delivery time or delivery period is based upon the circumstances at the time of the order and, insofar as applicable, the necessary data provided to P.H. Media (e.g., information by third persons). P.H. Media is obliged to observe the specified delivery time or delivery period as much as possible. The Customer has the right to annul the order or agreement free of charge if P.H. Media after exceeding an estimated delivery period again exceeds without any justifiable grounds a new (reasonable) delivery period set out by the Customer (i.e., a new delivery period which is as least as long the previous estimated delivery period set out by P.H. Media).
6.3The industrial and intellectual property rights to or associated with the Products delivered remain with P.H. Media or third parties entitled thereto, and are never transferred to the Customer.
Unless agreed otherwise, payment must be made on delivery. Payment must be made by any of the methods specified on the Website or, in deviation thereof, by any other method specified by P.H. Media and agreed upon by the Customer.
7.2Payments are collected in Euros.
7.3In case of payment by credit card, credit card details are transferred securely. P.H. Media will get authorization for credit card payment from the credit card holder's bank.
7.4If the Customer chooses payment by credit card, the Customer may be requested to provide a copy of a valid identity card and credit card on P.H. Media's first demand. Furthermore, the Customer must be able to show a valid identity card on delivery of the Product(s) at the delivery address.
By law, the Customer has seven (7) working days from the date of receipt of the Product in which he can cancel the Agreement in writing via either email, fax or letter. The Customer does not have to have a reason to cancel the Agreement. If the Customer has already paid for the Product, P.H. Media shall refund (issued in the same method of payment as the original payment) the Customer’s money within thirty (30) days from the cancellation date. In case of cancellation the Customer has to pay the transport costs involved with returning the Products to P.H. Media.
8.2In deviation of Clause 8.1, once the Smartcard has been successfully activated, the Customer can no longer cancel the Agreement within the term mentioned under Clause 8.1.
8.3After the cooling-off period of seven (7) working days from the date of receipt of the Product, returning the Product supplied or any part thereof can only take place after the previous explicit written approval and in accordance with the return instructions as provided by P.H. Media.
P.H. Media reserves the right to change the items / Products available on the P.H. Media Shop Online and the right to change or amend the programming on the P.H. Channels. In case of changes to the assortment the Customer cannot claim damages or replacement (free of charge) of a Product or component that is no longer available on the P.H. Media Shop Online.
All Smartcards sold through the P.H. Media Shop Online are only intended to be used for the viewing of the P.H. Channels and in accordance with these terms and conditions.
10.2The Smartcards remain the exclusive property of P.H. Media. The P.H. Channels may not be redistributed, copied, retransmitted, stored, sold, published, broadcast or circulated in any formor medium whatsoever by the Customer. The Customer may only view the P.H. Channels within his own home and for non commercial purposes within a friends and family setting.
10.3The Smartcards have to be activated through the servers of P.H. Media by any of the methods specified on the Website before the Smartcards can be used for the viewing of the P.H. Channels.
10.4Smartcards are issued with fixed expiry dates (i.e., a period after which the Viewing Period lapses), unless agreed otherwise. After the expiry date, the Viewing Period must be renewed annually). The renewal or upgrade of the Viewing Period qualifies as a new purchase. After the expiry date has lapsed and if the Viewing Period of the Smartcard is not renewed, then the Smartcards need to be returned to P.H. Media.
10.5The Smartcards can only be used with the PH Media-supplied Conditional Access Module hardware equipment and not with any other so-called cam-modules.
10.6The Smartcards have a limited life-span due to new developments in encryption technology. To prevent Smartcard piracy and encryption fraud, P.H. Media is entitled and obliged to periodically replace the Smartcards by a new generation of smartcards. In that case the Smartcards in use will be phased out (i.e., the use of the Smartcards will cease to have effect and be suspended). P.H. Media will inform the Customer of such events in time. The Customer will not be entitled to any reimbursements. P.H. Media can charge the Customer a replacement fee once per three (3) years up to a maximum of Euros 15 per replacement.
10.7P.H. Media is not responsible for the installation of the Products, the maintenance thereof and the remedy of interruptions.
10.8P.H. Media cannot provide support to the Customer with regard to any parts of the Products that have been modified by the Customer or a third party.
10.9The Customer uses the Smartcard at its own risk. In the event that the Smartcard is lost, damaged or destroyed, the Customer must immediately inform P.H. Media and the Smartcard will be replaced subject to a replacement fee as charged by P.H. Media.
10.10The Products are not compatible with all hardware. The Products may and can only be used with Compatible Hardware.
P.H. Media will not be responsible for any delay or failure to comply with these terms and conditions because of unusual adverse circumstances outside of its control due to force majeure.
11.2If P.H. Media, as a result of force majeure, is prevented from fulfilling any of his obligations to the Customer and in the judgement of P.H. Media the force majeure will be of a temporary or transitory nature, then P.H. Media is entitled to postpone the execution of the Agreement until the circumstance, cause or event causing the force majeure situation no longer arises (i.e., notwithstanding the right of the Customer to exercise its statutory rights resulting from such force majeure event).
P.H. Media guarantees the good quality of Products it delivers to the extent that in case of defects in construction or materials or finishing which appear during the guarantee period and for which claims are submitted in a timely fashion, it will either redeliver at no cost, or repair the Product in question at no cost, or credit the Customer as far as reasonable in whole or in part for the invoice value of the Product in question.
12.2The guarantee period is twelve (12) months after delivery.
12.3With respect to defects or missing components, the Customer must submit a claim no later than within eight (8) weeks from the date of their appearance, failing which any claim on P.H. Media will lapse.
12.4P.H. Media may not be entitled to sell the Products in every country in Europe. Certain EU Member States may suspend retransmission of P.H. Media Channels which might infringe the "Television Without Frontiers" Directive's (Directive 89/552/EEC, as amended by Directive 97/36/EC and Directive 2007/65/EC). Therefore the Products may only be ordered (activated) by Customers in the countries as specified on the Website.
12.5This warranty does not prejudice any statutory rights that a Customer may have and such rights may be exercised by a Customer.
In the case of non-observance by the Customer of its obligations towards P.H. Media, P.H. Media will be entitled (i) to suspend the execution of the Agreement, e.g., until payment has been secured, or (b) to wholly of partially dissolve the Agreement by written declaration without being obliged to pay damages and without prejudice to the right of P.H. Media to exercise its other rights under law.
13.2P.H. Media can only provide the P.H. Media Channels to the Customer for as long as it has a license from Penthouse Digital Media Productions Inc. Should P.H. Media lose such rights, then P.H. Media will be entitled to terminate the Agreement upon reimbursement to the Customer of the remaining Viewing Period.
Where the Customer purchases Products from the P.H. Media Shop Online as a consumer, these terms and conditions will not affect his rights under law which cannot be otherwise excluded.
14.2If any provision in these terms and conditions is not completely valid or only partially valid and/or not enforceable as a result of any legal directive, judicial judgement or any directive, decision, recommendation or measure from any local, regional, national or supranational authority or body or otherwise then the remaining provisions in these terms and conditions shall remain to be of effect.
The Dutch Law is applicable to all Agreements and these terms and conditions and any claims connected therewith. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is explicitly excluded.
15.2Except otherwise prescribed by law, all disputes also including those which are only considered as such by one party, resulting from or connected with an Agreement to which these terms and conditions are applicable or the execution thereof and which cannot be solved amicably will be settled in the first instance by the Court of Zwolle-Lelystad, the Netherlands, unless the Customer, within one (1) month after P.H. Media has made an appeal to this provision in writing, indicates that the competent Court in the Netherlands according to the normal competency rules should be appointed.