General Terms and Conditions (version: 02/26/2023)

 

MEDIACOPY.LU – by CUTAWAY s.à.r.l. (always listed below as MediaCopy.lu)

 

1. Validity of the General Terms and Conditions

All orders from our clients are subject to these General Terms and Conditions.

 

2. Creation of the contract

By sending in or providing the material to be digitized, the client submits a binding offer to conclude a contract. MediaCopy.lu accepts this offer with the order confirmation.

 

3. Deposited Material

3.1. By submitting the order, the customer expressly declares that he is either the owner and author of the original media himself or that the owner and author of the original media agrees to the processing by MediaCopy.lu. As far as legally possible, the customer transfers all rights necessary for the fulfillment of the contract to MediaCopy.lu, in particular rights of reproduction and processing, and declares that he is authorized to carry out this transfer. The customer undertakes to indemnify MediaCopy.lu and its employees against all third-party claims that they assert in connection with the order due to violation of their legal positions, including copyrights and rights of use as well as the image rights. The customer indemnifies MediaCopy.lu from all costs of legal action, compensates for any other damage for which the customer is responsible and supports MediaCopy.lu in every reasonable respect in exercising its own rights.

 

3.2. The customer declares that the original media that are the subject of the contract and their possession, duplication and distribution are legally permissible and do not violate statutory prohibitions. MediaCopy.lu is not obliged to check this but is entitled to do so. If a criminal offense is suspected, MediaCopy.lu is entitled to hand over the original media and any copies that have already been made to the law enforcement authorities and to transmit the details of the order, including the client's data, to them. In this case, MediaCopy.lu is released from its obligation towards the customer, including the obligation to return the original media. In this case, MediaCopy.lu reserves the right to assert claims for damages against the customer.

 

4. Scope of the Order

The order always contains the total quantity of the material sent.

 

5. Refusal to process for good cause

MediaCopy.lu reserves the right to refuse to process orders if it is technically impossible or only possible with disproportionate effort due to the condition of the material submitted, or if the content constitutes a criminal offense or violates the rights of third parties. In this case, the customer bears a flat fee of 20 euros plus any return shipping costs.

 

6. Payment due date

6.1. The return of the originals together with the created digital data takes place according to the order after prepayment or payment on site.

 

6.2. For amounts over €100, a deposit of 10% is required before processing begins.

 

6.3. If the customer commissions MediaCopy.lu to save the work result on a customer medium, he must ensure that this is readable and has sufficient free storage space. If the customer medium is illegible or there is not enough storage space on it, MediaCopy.lu is entitled to save the work result on a MediaCopy.lu storage medium, which is provided to the customer at a reasonable price in addition to the ones specified on the order form. In doing so, MediaCopy.lu always selects the MediaCopy.lu storage medium that is most favorable for the customer.

 

6.4. The customer ensures that he does not give MediaCopy.lu undeveloped films (negatives). Otherwise, it can happen that they are accidentally exposed and thus damaged or rendered unusable without the customer receiving a replacement. MediaCopy.lu is not obliged to develop or edit such films.

 

6.5. After receiving the original media back, the customer should check whether the service provided by MediaCopy.lu corresponds to the contractual provisions within 14 days and, if not, make a corresponding notification.

 

6.6. The customer is obliged to collect his original media and the work result within ten working days after completion at the place where he handed over the original media to MediaCopy.lu unless another form of collection or handover has been agreed. Upon expiry of this period, MediaCopy.lu is entitled to demand an additional monthly storage fee of EUR 0.01 per image medium or EUR 1.00 per film medium plus the applicable sales tax for each individual original medium. It is possible for the customer to prove that MediaCopy.lu has suffered no or less damage.

 

7. Pricing and shipping costs

The prices quoted are gross prices including statutory value added tax and do not include a flat rate for packaging and shipping in accordance with the published price list. The costs for the digitization services provided by MediaCopy.lu result from the order form and the individual amounts per medium specified there, multiplied by the number of original media delivered and digitized. MediaCopy.lu will add the costs incurred because of the customer requesting a different contract, e.g., additional shipping costs, to the actual order value and must bear the customer’s responsibility.

The data carriers supplied remain the property of MediaCopy.lu until all services and products from the same order have been paid completely.

 

8. Warranty

8.1. The result of MediaCopy.lu's work depends on the quality of the materials and data submitted. In the event of a defect, MediaCopy.lu has the right to rectify the defect. In order to examine a complaint and, if necessary, rectify it, it may be necessary for the customer to make the data carriers and the originals available again. If the client refuses this upon request, there are no further warranty claims. The statute of limitations for warranty claims by the customer is one year. The limitation period begins at the end of the year in which the client accepted the service.

 

8.2. 100% film digitization - It cannot be guaranteed that the recordings will start directly at the beginning of the original medium, so that approx. 1-2 seconds may be missing.

 

8.3. Post-processing - There is no guarantee that post-processing will have a visible effect. Impact and visual added value depend on the condition of the original medium. The repair will be charged in increments of 15 minutes working time.8.4. "WETGATE cleaning": A process that reduces dust and scratches. This process does not guarantee 100% purity of the carrier material.

 

8.5. "Film fix narrow film or video cassette": repair attempt by MediaCopy.lu to reconnect a torn narrow film and make digitization possible. If the repair attempt fails, digitization is not possible. The repair will be charged in increments of 15 minutes working time.

 

8.6. Image disruptions due to faulty perforation – if the perforation cannot be clearly distinguished from the film material, it is not possible to digitize without disruption. If so, individual images are not digitized at all.

 

8.7. Copy protection – Cassettes that are clearly recognizable as copyrighted from the outside (“purchase cassettes”) are not digitized. In the case of direct digitization to DVD, it can happen that any image interference is interpreted as copy protection. It cannot be guaranteed that this copy protection can be circumvented. However, digitization as an .mp4 file is possible in most cases.

 

8.8. "Movie rewinding": Rewinding fee for video cassettes, which is charged at a flat rate from one minute of rewinding time.

 

8.9. Saving as mp4 – MediaCopy.lu does not guarantee that a cassette will be saved as one single file. Under certain circumstances it may be that the cassette is divided into several files.

 

8.10. LongPlay – If a video cassette provided by the customer for processing is recorded in LongPlay mode and it has a running time of more than 240 minutes, corresponding excess lengths will be charged multiple times. A possible loss of quality due to the compression of long-play cassettes is possible.

 

8.11. Short-term audio dropouts - There is only a random check of the audio tracks. It cannot be guaranteed that the audio track is continuously available.

 

8.12. MediaCopy.lu reserves the right to cancel the digitization of cassettes that cannot be digitized due to, for example, excessive image interference, irreparable damage to the tape, infringement of copyrights or similar. This list is exemplary and not complete. In these cases, we charge a viewing fee of €2 per medium.

 

9. Liability for damage to the originals

9.1. MediaCopy.lu guarantees the utmost care in handling the originals entrusted to us. Liability for damage or loss of originals is only excluded in the event of slight negligence on the part of MediaCopy.lu and its employees. The exclusion does not apply if the damage was caused by a breach of a material contractual obligation, i.e. an obligation whose fulfillment is essential for the proper execution of the contract and on whose observance the client may regularly rely.

 

9.2. If the parties agree to store the work result on a MediaCopy.lu storage medium, MediaCopy.lu is not liable if the customer then uses the storage medium beyond the contractual purpose. MediaCopy.lu strongly recommends its customers to protect electronically stored data and the work result from loss by making several backup copies. Furthermore, MediaCopy.lu is liable in the event that the customer is in possession of copies and/or prints of the media to be digitized; limited to the damage that results from the restoration of the transferred media from the prints.

 

10. Shipping Risk

The customer bears the shipping risk for the outward and return shipping. Irrespective of this, MediaCopy.lu sends all postal items exclusively as insured items.

 

11. Data Carrier

MediaCopy.lu delivers data as standard on blank DVD-R or CD-R types, on USB sticks or on hard drives with ExFat partitions. Compatibility with the customer's playback device is checked at his expense and risk.

 

12. Shipping costs for complaints/carriage forward shipments

Shipping costs resulting from a complaint recognized by MediaCopy.lu will be borne by MediaCopy.lu. MediaCopy.lu will refuse to accept shipments that have been declared freight collect.

 

13. Data

MediaCopy.lu may process and store the data relating to the respective contracts insofar as this is necessary for the execution and processing of the contract and as long as there is an obligation to store this data due to legal regulations. MediaCopy.lu is not permitted to collect, transmit or otherwise process the customer's personal data for purposes other than those stated in sentence 1.

 

14. Online Dispute Resolution

The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at www.ec.europa.eu/consumers/odr. Our email address is info@MediaCopy.lu. We are not obliged and unwilling to participate in the dispute resolution process.

 

15. Right of Withdrawal

15.1. Since the digitizations are created according to customer-specific specifications and personal content, there is no consumer right of withdrawal.

 

15.2. Neither contracting party is responsible for the non-fulfilment of one of its obligations if the non-fulfillment is due to an impediment beyond its control, such as in particular fire, natural disasters, war, confiscation or other official measures, general shortage of raw materials, limitation of energy consumption, labor disputes or if there are non-conformities of suppliers based on such a ground. Each contracting party must notify the other party in writing without delay of the occurrence of such a case of force majeure.

 

15.3. Each contracting party is entitled to terminate the contract by written notice if its implementation is prevented for more than 12 months in accordance with the above paragraph.

 

16. Final Provisions

16.1. It is not possible to combine vouchers, offers or discount campaigns.

 

16.2. Additions or changes to these GTC must be in writing.

 

16.3. Should individually provisions of these General Terms and Conditions be ineffective or unenforceable, the remaining part of these General Terms and Conditions shall not be affected. In this case, the statutory regulation takes the place of the ineffective or unenforceable regulation. In the event of a gap in the contract, the statutory provisions and the principles developed by case law also apply.

 

16.4. All legal relationships between MediaCopy.lu and the customer are subject to the law of the Grand Duchy of Luxembourg, excluding the UN Sales Convention.

 

16.5. The exclusive place of jurisdiction for all disputes arising from the legal relationship between MediaCopy.lu and the customer is the registered office of MediaCopy.lu in Reckange, Luxembourg, insofar as such an agreement on the place of jurisdiction is permissible.

 

16.6. Translations of these GTC into other languages are for informational purposes only. The only binding version is written in German.

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