Agreement to Terms and Conditions
1.1 Acceptance of Terms and Conditions
1.1.1 The website www.filmamora.com is owned and operated by CostaFilma SL, trading as FilmAmora. References to "we", "us", our" or "the website" are references to filmamora. We are a company registered in Spain (CIF: B-72048549), and our address for correspondence is:
FilmAmora
Apartados de Correos 660
La Linea
11300 Cadiz
Spain
1.1.2 Your use of this website and membership of FilmAmora is at all times subject to these Terms and Conditions as applicable to your use of the website and all applicable laws. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit our website immediately.
1.2 Changes to Terms and Conditions
1.2.1 We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. 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. Your use of the FilmAmora website after changes are made means that you agree to be bound by such changes.
1.3 Membership and Billing
1.3.1 You can find the specific details regarding your subscription with FilmAmora including your next billing date, at any time by clicking on the relevant section of the website.
# Website Use Terms and Conditions
2.1.1 You agree not to 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. You also agree 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.
2.1.2 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
2.1.3 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In order to provide you with an easy-to-use service, FilmAmora will place a 'cookie' (a small text file) on any computer you use to access the FilmAmora website. When you revisit the FilmAmora website, this cookie will enable us to recognise you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
2.1.4 Some of the content provided on this website may not be suitable for anyone under 18 years of age. Access to such content is disabled by default. We allow you to configure filtered access to such content but also advise parents or guardians to supervise their children's use of this website.
# Material on this Website
3.1 Copyright
3.1.1 All materials (including software and content whether downloaded or not) contained on this website are owned by CostaFilma SL, our affiliates and/or third party licensors, unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited licence for use of content that you may purchase from this website to use such materials, you shall not acquire any ownership rights in or to such materials. The material may not be used except as provided for in these terms, without our written permission.
3.1.2 You acknowledge and agree that certain content on the website and on discs provided to you is the property of third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms and Conditions against you.
3.2 Trademarks
3.2.1 All trade marks, logos, images, product and company names displayed or referred to on this website are the property of their respective owners. Nothing on this website grants you any licence or right to use, alter or remove such material.
3.3 User Material
3.3.1 Our website lets you submit material to us: for example, you can review DVDs or games, create and share user collections or create your own quizzes. You may be able to upload video, images or sounds. In these Terms and Conditions, we use the term “User Material” to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you register as a member or when you subsequently change that information.
3.3.2 This section of our Terms and Conditions sets out the rights and obligations that you and we have in connection with User Material. If you review or submit User Material you are agreeing to do so on these Terms and Conditions. If you do not want to review or submit User Material on these terms, then you should not do so.
3.3.3 We do not systematically review User Material submitted by users of this website. We are not responsible for the content of User Material. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.
3.3.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of this website, particularly where User Material breaches this section of the Terms and Conditions and we may do this with or without giving you any prior notice.
3.3.5 We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to FilmAmora a non-exclusive, royalty-free, sublicensable, transferable and worldwide license to use, reproduce, modify, prepare derivative works of, display and perform that User Material in any media (including, but not limited to, our website and those websites which we operate by way of a “whitelabel” or “co-branded” service for third parties). The license you grant us will terminate when your User Material is removed from our website.
3.3.6 We may link User Material or parts of User Material to other material, including material submitted by other users of the website or created by FilmAmora and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those in the website or to promote, market or advertise FilmAmora. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.
3.3.7 Each time you submit User Material to us, you represent and warrant to us as follows: (a) you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (including copyright or trademark), privacy or publicity rights, rights of confidentiality or rights under contract; (b) your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or otherwise inappropriate; (c) your User Material does not advertise any product or service or solicit any business; (d) your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person’s consent to being identified in exactly that way in your User Material; and (e) in submitting your User Material you are not impersonating any other person.
# Joining Us
4.1 Minimum Criteria
4.1.1 To join FilmAmora or receive any of our services as a minimum:
i you must be at least 18 years of age. Persons under the age of 18 are not permitted to join FilmAmora;
ii you must live in Spain
iii you agree to provide us with personal details (including your name, email address, postal address and valid payment details), that are true and current, and you agree to update us if at any time your personal details change by updating the relevant sections of the website.
iv If you change address, you must update your address details in the relevant section of the website to ensure that no DVDs are sent out to the wrong address. Please ensure this is done before you move as you will be liable for any DVDs posted to the wrong address.
4.1.2 We may refuse any application to join FilmAmora or receive our services for any reason whatsoever. Please note that by supplying your telephone number on joining us you grant us permission to contact you via phone regarding your account and any special offers or promotions that we may offer you from time to time.
# FilmAmora Membership
5.1 Provided that you meet the Minimum Criteria, you may register as a FilmAmora website member free of charge. If you register as a FilmAmora website member, all the relevant terms of these Terms and Conditions shall apply.
5.2 As a FilmAmora website member you will receive access to the FilmAmora website, although you will not be entitled to obtain chargeable FilmAmora services unless you agree to the applicable Terms and Conditions prior to registering for such services (FilmAmora services include the Rental Service).
# Free Trial
6.1 Free trials are only available to new subscribers of the FilmAmora Rental Service. Previous subscribers or triallists (of FilmAmora or any other service provided by the CostaFilma group of companies) do not qualify for a free trial.
6.2 The free trial is available only once to any one person and to only one member of a household. Subsequent free trials by the same person at any address, or by another person at the same address, are not permitted.
6.3 You must have internet access and valid payment details to redeem a free trial offer.
6.4 Upon registering for your free trial, your method of payment will be authorised for up to three months of service - to verify your identity, and to protect us from theft and fraud. Some banks or payment card companies may reflect this authorisation against your available balance or credit limit. No actual charges, however, will be made against the card if you cancel prior to the end of your free trial.
6.5 Your free trial period will commence on the date registration is completed and the account is successfully created.
6.6 We will begin billing you at the end of your free trial, and thereafter on prescribed intervals, monthly unless otherwise indicated, for the FilmAmora service, unless you cancel prior to the end of your free trial. We will continue to bill you by your chosen payment method for the FilmAmora service until you complete the cancellation process.
6.7 You must cancel your account before the end of your free trial to avoid charges. For instructions on how to do this, see the section on “Cancellation” below.
# Payment of Rental Service Subscriptions
7.1 Payments
7.1.1 As a subscriber to FilmAmora, you agree that we are permitted to charge subscription fees and any other charges that you may incur in connection with your use of FilmAmora. The subscription charges will be charged on the day immediately after your free trial ends (if applicable) or on the first day you subscribe if you are not eligible for a free trial. This charge will continue on each renewal date thereafter unless and until you cancel, and regardless of how much you use the service. We will automatically charge you, using your specified payment method, each period (monthly unless otherwise specified) on or after the calendar day corresponding to the commencement of your membership. All fees and charges are non-refundable. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you wish to use a different payment method, or if there is a change in your card validity or expiry date, you may edit payment details by visiting the relevant section of the website clearly marked at the top of most pages of the website. We do not provide refunds for cancellations part-way through the billing period.
7.1.2 Please note that should your account fall into arrears, CostaFilma SL reserves the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a €10 handling charge for all such cases.
7.1.3 You agree not to hold us responsible for banking charges incurred due to payments on your account.
7.1.4 We may, in our sole discretion, change the fees for any services at any time. We agree to notify you at least 30 days in advance of any change in fees.
7.2 Changing your Membership Level
7.2.1 You may upgrade or downgrade your FilmAmora subscription as often as you like, within the relevant section of the FilmAmora website. Any reduction in your bill will take effect at the next billing period after any outstanding discs have been returned to us. Any increase in your bill resulting from an upgrade will take effect immediately, being pro-rated to the remainder of your billing period, and the increase will be charged immediately (without changing any subsequent billing dates). Additional charges, resulting from an upgrade, are non-refundable.
7.2.2 Please note, that any change to your subscription package or your delivery address details (including your postcode) during any free trial period, will result in the termination of the free trial and the start of your regular billing as described in the "Free Trial" section above.
7.3 Suspending your Membership
7.3.1 We will permit you to put your account on hold, free of charge, for up to 2 weeks. You can also suspend your account from 3 weeks to 6 months for a small maintenance charge of €1.50 per week (charged monthly). Detailed instructions on how to hold or suspend your membership can be found in our "Help" section on the website.
# Pay As You Go Service
8.1 Introduction
We may from time to time offer a Pay As You Go Service which allows you to purchase credits which can be redeemed for DVD rentals. Unless the FilmAmora website states otherwise when you purchase the credits, each credit can be redeemed for one rental. This section of the Terms and Conditions contains terms and conditions specific to the Pay As You Go Service. However, apart from clause 7 (which relates to subscription services) and clauses 10.1 and 10.2 (which relate to cancellation of subscription services), all other parts of these Terms and Conditions relating to the rental of DVDs also apply to the Pay As You Go Service.
8.2 Billing
8.2.1 As a Pay As You Go customer, you agree that we are permitted to charge you for each batch of credits added to your account and any other charges that you may incur in connection with your use of Pay As You Go Service. The fee will be billed up front and each batch of credits must be used within 6 months (for example if you purchase credtis on September 3rd 2007 they will expire on March 3rd 2008) of purchase (see clause 8.3 (Expiry of credits) below).
8.2.2 All fees and charges are non-refundable, with the exception of the money back guarantee (see clause 8.7 (Money Back Guarantee) below). We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you wish to use a different credit card or payment method, or if there is a change in your card validity or expiry date, you may edit payment details by clicking on "My account", available at the top of most pages of the FilmAmora website. Please note that if you continue to hold any DVDs when all your credits have expired (6 months from purchase) you will be charged for a new batch of credits. If we are unable to charge your credit/debit card and your account falls into arrears, we reserve the right to pass on your details to a collection agency for retrieval of the outstanding debt. There will be a €10 administration fee for all such cases.
8.3 Expiry of credits
Each batch of credits must be used within 6 months of purchase. If you have not used all your credits within 6 months you must purchase a new batch of credits before we can send you any further DVDs. The expiry date of each batch of credits you purchase will not change. If you have more than one batch of credits in your account, those nearest to expiry will automatically be used first. If you have the auto-top-up package and have not used up all your credits within 6 months, your old credits will be deleted and your account will be topped up automatically with a new batch of credits. If you still have credits in your account when you cancel they will remain valid for 6 months from the date they were first purchased and may be used if you reactivate your account before this period has expired. You can find out how many credits you have left at any time by clicking on "My account", located at the top of the pages of the FilmAmora website.
8.4 Automatic renewals (if you have chosen an auto-top-up package)
8.4.1 If you have chosen an auto-top-up package, your Pay As You Go account will be automatically topped up with a new batch of credits equal to the batch you last purchased when you have run out or when your credits expire, whichever is sooner (see clause
8.3 (Expiry of credits)). This will automatically occur when we dispatch the first DVD from your new batch of credits.
8.4.2 We will charge the fee to the debit/credit card that you provide to us during registration (or to a different payment method if you change your account information subsequently). Your membership will automatically renew for successive top-ups, without prior notice to you, unless and until you cancel your membership, you change to a non-auto-top-up package, or we terminate it. You must cancel your membership before it renews in order to avoid billing of top-up credits.
8.5 Account Changes and Purchasing Additional Credits
8.5.1 You may request more credits whenever you like, within the “My account” section of the FilmAmora website. If you purchase a new batch of credits before you have used all the credits in your account, the new batch will be added to your account once your card has been verified for the additional credits and you will be charged at this point. The new batch of credits will be added to your current credits and will expire within 6 months of its purchase date (see clause 8.3 (Expiry of credits)).
8.5.2 If you change to a higher package, the changes to your account will take place once your card has been verified for the additional credits and you will be charged at this point and a new batch of credits added to your account at the upgraded package price. The extra DVD(s) will be dispatched to you as soon as possible. The new batch of credits will be added to your current credits and will expire within 6 months of its purchase date. If you change to a lower package, the change to your account will take place once when you have the same number of discs out as specified in the downgraded package. The number of credits in your account will not change and no refund will be given. The expiry date of your credits will not change.
8.6 Cancellation
8.6.1 This clause applies to the cancellation of Pay As You Go packages instead of clauses 11.1 and 11.2 of these Terms and Conditions. You may cancel your membership of the Pay As You Go Service at any time. Cancellation requests must be via the FilmAmora website. To cancel, you must notify us online via the website by clicking on "My account" and following the instructions under the heading "Cancel My Account." This activity will be tracked on your account history. Immediately on cancellation, no further DVDs will be dispatched to you, unless they were processed by our warehouse a few minutes prior to your cancellation request. We are unable to accept or guarantee initial cancellation requests via email. If you still have credits in your account when you cancel they will remain valid for 6 months from the date they were first purchased and may be used if you reactivate your account before this period has expired.
8.6.2 We do not provide refunds or credits for any partially used batches of credits, with the exception of the money back guarantee (see clause 8.7 (Money Back Guarantee) below). Upon cancellation, you will be given seven (7) days to return any outstanding DVDs. Failure to return such DVDs within these 7 days will result in one credit being deducted from your account for every 5 days for every disc that remains outstanding. If you do not have any credits in your account and have the auto-top-up package, your account will be automatically topped up and one credit will be deducted from your account for every 5 days for every disc that remains outstanding up to a maximum of 10 credits. If you have not selected the auto-top-up your credit card will be billed €1 per DVD per day late (including weekends and public holidays), up to a maximum of €20 per DVD. To avoid problems, we advise obtaining a certificate of posting when you return our DVDs to us.
8.7 Pay As You Go Money Back Guarantee
8.7.1 We guarantee that you will be satisfied with the service - if you are not fully satisfied and cancel your account within the money back guarantee period specified on the promotional material (to be no less than 7 days), we'll refund your first payment. This money back guarantee is only available to new Pay As You Go customers. Only one money back guarantee may be redeemed per household and may not be combined with any other offer. You must have internet access and a valid debit/credit card to redeem the money back guarantee.
8.7.2 Upon registering for the service, your debit/credit card will be charged immediately. If you are not satisfied with the service, you must cancel your account online and email info@FilmAmora.com within the time period specified on the promotional material (to be no less than 7 days), ensuring that you return the DVDs for a full refund. To avoid problems, we advise obtaining a certificate of posting when you return our DVDs to us. Refunds are applied upon receipt of the DVDs. Membership may be cancelled at any time, however, no refund or credits will be given after the money back guarantee period. If you have chosen the auto-top-up feature we will bill you by your chosen payment method for a new batch of credits when we dispatch the first DVD until you cancel. For instructions on how to cancel, see the section on 'cancellation' below.
# Delivery and Return of Discs
9.1 Discs can only be delivered to addresses within Spain
9.2 We currently use Correos, prepaid postage, to deliver and return the discs you have selected to view. Actual delivery times may vary for you depending on;
i our stock availability,
ii your delivery address,
iii when you make your selection, and
iv circumstances impacting delivery by the Correos.
We reserve the right to use alternative delivery methods without prior notification.
9.3 Although we allow you to prioritise the order in which you would like to view discs, we cannot guarantee that such requests are met. We will endeavour to ship your next rental(s) within one business day of receiving your previous rental(s) back into our Distribution Centre.
9.4 You will not hold us responsible for any delays, outside our control, which relate to the mailing or delivery of discs.
9.5 Please note that all customers must wait a minimum of four working days before reporting a disc as not received or lost on the way back to us. It is the customer's responsibility to then report all lost discs online. We are unable to offer a refund for any discs which are paid for by the customer and then found at a later date. Customers are obliged to comply with either Correos claim compensation process or CostaFilma process. Failure to comply with these processes, as amended from time to time, will result in a charge being made for the lost disc.
9.6 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.
9.7 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.
9.8 You accept full responsibility for discs which are stolen whilst in your possession, and you will have to pay the full replacement costs.
# Use and Care for Discs
10.1 You agree that you will not infringe any rights including intellectual property rights of any person including, without limitation, copying, reproducing, screening, republishing or otherwise modifying any material provided as part of the Rental Service including the discs.
10.2 You agree that you will be responsible for any viewing of any disc supplied by us to you and that any minor's viewing of any discs will be restricted by you consistent with any applicable film classification applied to that disc by the appropriate Classification boards.
10.3 You agree to treat the discs and their associated packaging with the utmost care at all times. You agree that we may charge your payment method if it is returned in an unreasonable condition (reasonable wear and tear accepted). In this event, we will give you advance notice before charging you. We will charge you €20 per damaged DVD and €50 per game.
# Cancellation
11.1 As noted above, you may cancel your subscription to FilmAmora's service at any time. Cancellation requests must be via the website, www.FilmAmora.com. To cancel, customers must notify us online via the website by clicking on the relevant section and following the instructions under the heading "Cancel my subscription". This activity is tracked on the customer's account history. Immediately upon requesting cancellation, no further discs will be dispatched to you, unless they were processed by our warehouse a few minutes prior to your cancellation request. We are unable to accept or guarantee cancellation requests via email or by letter (either posted, or included with returns).
11.2 Please note that it is the customer's responsibility to ensure that all discs are returned, and all discs must be returned to us before the cancellation will be confirmed. All discs must be returned before the next billing date following cancellation to avoid any further charges. Once all discs have been returned, the cancellation will take effect immediately and a confirmation email will be sent to you. We reserve the right to charge a replacement cost of up to €20 for any non-returned DVDs, and €50 for any non-returned games media. To avoid problems, we advise obtaining a certificate of posting free of charge from your local Post Office when you return our discs to us. Please note we do not provide refunds or credits for any partial subscription periods.
11.3 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these terms, including, in particular the section headed 'No commercial exploitation'. If we terminate your use of our service as a result of a breach of any obligation under these terms, such termination would be immediate and without notice. In this event we would give you seven days to return our discs and failure to return these discs would incur charges, as described under 'cancellation' above. If we terminate your use of our service for any other reason or no given reason, then we would give you 30 days notice of termination and would expect you to return our discs within the 30 day notice period. In this event failure to return the discs within the notice period would incur charges, as described under 'cancellation' above.
# Rental Discs Remain FilmAmora Property
12.1 All discs remain our property at all times. You may not sell, lease, lend, license, hire out for any reward, use in a manner inconsistent with the rights of the copyright owners or commercially exploit any FilmAmora discs in any way at any time.
# Gift Subscription Terms and Conditions
13.1 Gift subscriptions cannot be used in conjunction with any other discount, offer or promotion. Gift subscriptions are not redeemable for cash, neither refundable nor transferable. Gift subscriptions are subject to our standard Terms and Conditions.
13.2 The recipient can redeem the subscription by entering the gift subscription code during the new account signup process.
13.3 The validity period of the gift will vary depending on what gift is selected.
13.4 Recipients of gift subscriptions must be at least 18 years old, residents of the Spain and will require a valid address and debit/credit card to verify their age.
13.5 Membership charges will not be taken from the recipient's payment card during the gift subscription period provided the recipient does not upgrade their tariff. If the recipient continues their membership beyond the gift subscription period they will be charged at the prevailing pricing at the time. The membership can be cancelled at any time by visiting the relevant section of the website, once logged in.
13.6 At the end of the validity period of your gift, the recipient will automatically become a member of our DVD or Game Rental Services unless they cancel their membership and return all discs prior to the relevant expiry date of your gift. The membership level will be the same as the gift subscription tariff unless the recipient specifies otherwise and provides at least 5 days written notice prior to the relevant expiry date of the gift. Subsequent membership of the DVD Rental Service will be subject to the Standard FilmAmora Rental Service Terms and Conditions.
# General Terms and Conditions
14.1 Privacy
14.1.1 We collect personal information about you through your use of this website and our services. All information that we collect about you is subject to our Privacy Policy, which forms part of these Terms and Conditions, and which may be accessed from our home page or by clicking here.
14.2 Promotion Codes
14.2.1 Any promotion code or offer provided on this site cannot be used in conjunction with any other promotion, past or present.
14.3 Disclaimer of Warranties and Limitations on Liability
14.3.1 Nothing in this clause 14 or otherwise in these Terms and Conditions shall exclude or in any way limit FilmAmora’s liability for;
i fraud,
ii death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977),
iii liability to the extent the same may not be excluded or limited as a matter of law.
14.3.2 This website and its contents are provided "as is" and on an "as available" basis and we make no representations or warranties of any kind with respect to it. We assume no liability or responsibility for any errors or omissions in the content of the website, any failures, delays, or interruptions in the shipment of discs, delivery or downloading of any content contained on the website, any costs, losses, expenses or damages arising from the use of the content provided on the website or any conduct by users of the website. We reserve the right to deliver discs or enable downloading of Content at our sole discretion. Subject to clause 14.3, we disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
14.3.3 Subject to clause 14.3, in no event shall we, our shareholders, directors, officers, or employees be liable (jointly or severally), to you or any third party for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of this information. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
14.3.5 Subject to clauses 14.3, 14.4 and 14.5 our maximum liability to you, (whether in contract, tort, (including negligence), breach of statutory duty or otherwise), arising out of or in connection directly or indirectly with your use of the website, website content or our services shall not exceed in aggregate the greater of €1 and/or the total amount paid by you to us in respect of FilmAmora Services in the month preceding any such claim.
14.4 Applicable Law
14.4.1 This website is controlled by CostaFilma SL. Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of Spain. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the Spanish courts.
14.5 Assignment By Us
14.5.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and are agreed to by you for your own benefit and not for the benefit of any other party.
14.6 Memberships are Non-Transferable
14.6.1 FilmAmora memberships are not transferable and therefore cannot be sold or traded.
14.7 No Waiver
14.7.1 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
14.8 Force Majeure
14.8.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.
14.9 Third Party Rights
14.9.1 Subject to clause 14.4, and excluding the provisions of clause 3.1.2 which confers a benefit upon Third Party Licensor's as applicable, which you hereby acknowledge and agree shall be directly enforceable by such third parties, nothing in these Terms and Conditions confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999.
14.9.2 In accordance with clause 1.2.1, we may rescind, waive, assign, release or vary any or all of the provisions in this Agreement in any way without consent of any third party.
# Returns Policy for Items Purchased from FilmAmora
15.1 14 Day "No Strings" Refund
15.1.1 FilmAmora would like to ensure that our customers are 100% happy with their purchases. Therefore we offer a "no strings" guarantee. If you are unhappy with your purchase for any reason, you have the option of returning it to us in good condition within 14 days. We will then issue a full refund for the price of the item. We will also be happy to refund the purchase price in full if the return results either from an error made by us or from a defective item. To make a return, please give the reason for the return and your request for a refund. Wrap the package securely, and then send it free of charge to the following address, obtaining a free certificate of posting from your local Post Office:
FilmAmora
Apartados de Correos 660
La Linea
11300 Cadiz
Spain
15.2 Damaged or Defective Items Purchased Direct from FilmAmora
15.2.1 Should an item you have purchased from FilmAmora be damaged or defective on receipt, we will offer you a choice of:
a) A prompt replacement, or
b) A full refund.
15.2.2 We require that the damaged or defective product is returned, to be received by us within 30 days of delivery to you. You will not be charged any additional shipping or handling fees for the replacement item. To make a return, please give the reason for the return and whether you wish a replacement or a refund. Wrap the package securely, and then send it free of charge to the following address, obtaining a free certificate of posting from your local Post Office:
FilmAmora
Apartados de Correos 660
La Linea
11300 Cadiz
Spain
