GENERAL TERMS AND CONDITIONS OF DISTANT SALES

This website is operated by Cinemanext USA.

Cinemanext USA offers this website, including all information, tools, and services available from this site to you, the “User”, conditioned upon your acceptance of all terms, conditions, and policies contained herein. Please thoroughly read all associated terms and conditions before accessing this website or registering for use of the Cinemanext USA shop. Upon accessing the site, and or making a purchase, you are engaging in our “Services” and agree to be bound by all associated “Terms and Conditions” or “Terms”.

By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You agree not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms and Conditions will result in an immediate termination of your Services with Cinemanext USA in regard to the online shop environment.

Cinemanext USA Online Shop General Terms and Conditions of Sales: 

Cinemanext USA reserves the right to refuse service to anyone, for any reason, at any time. The user understands that content provided (excluding all credit card information) may be transmitted over un-encrypted networks. Credit card information is always encrypted and fully compliant with current PCI regulations.

The User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

Accuracy, Completeness, and Timeliness of Information:

Cinemanext USA is not responsible if information published on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree, as the User, that it is your responsibility to monitor changes to our site.

Modifications To the Service and Price:

All prices for products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or Services:

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the Store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy Of Billing and Account Information: 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per business or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please reference the returns section of this document.

Optional Tools:

We may provide you with access to third-party tools we neither monitor nor over which we have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.

Third-Party Links: 

Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

User Comments, Feedback And Other Submissions:

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information:

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy (click here).

Errors, Inaccuracies and Omissions:

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related websites, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Uses:

In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties; Limitation of Liability:

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

IN NO CASE SHALL CINEMANEXT USA, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification:

You agree to indemnify, defend and hold harmless Cinemanext USA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability:

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination:

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Payment Terms:

All hardware purchases require 100% payment upfront. Once items are added to your cart, your order will be sent to Cinemanext USA Sales for review. Shipping Cost and tax will be added, and a finalized cart amount will be sent to you for review and final payment.

Warranty:

All warranties for purchased parts are tied to vendor warranty periods for each part purchased. Please contact Cinemanext USA if you need clarification on the warranty period for any specific product.

Returns:

Returns of purchased hardware are not accepted without prior authorization from Cinemanext USA. Any products purchased from Cinemanext USA must be returned within 5 business days of the purchase date to be eligible for a refund, subject to the restocking fee outlined below. Cinemanext USA will not accept returns beyond the 5-business day period without prior written authorization from a Cinemanext USA authorized agent.  If authorized, returns may be subject to a restocking fee of 15% or the original product purchase and must be in their original condition and packaging.

In the case of a dead-on arrival part, or a part damaged in shipment (exceptions apply for imported parts. Please contact a Cinemanext USA authorized agent for additional information on a case by case basis in the case of imported products being dead on arrival) Cinemanext USA will cover the cost of returning the part to Cinemanext USA. Cinemanext USA will provide a return label for the return of the defective product in these scenarios.

Cancellations:

Order cancellations that are executed prior to shipment of goods to the delivery location will not be subject to any restocking fees. Order cancellations that are executed after goods have been delivered will be subject to the restocking fee outlines in the returns section above.

All Sales Are Final:

All sales made by Cinemanext USA are considered final once payment is received and goods have been delivered. Customers will have a 5-business day window to inspect the part for any damage in shipment and to confirm they have received the correct item ordered. Once that 5 business day window has passed, Cinemanext USA has no obligation to take back any purchased parts past that time period. No refunds or exchanges will be provided unless specifically agreed upon in writing with a Cinemanext USA Agent.

Refunds: 

In the case that a refund is requested and approved by a Cinemanext USA Agent, refunds will be issued in the form of electronic gift cards to be used for specified purchases within the Cinemanext USA shop. Refund checks may also be issued.

Liability:

Cinemanext USA is not liable for any damages or losses, including data loss, arising from the use or misuse of hardware or services provided. Our liability is limited to the extent permitted by law.

Payment Disputes:

In the event of a payment dispute, the client agrees to contact Cinemanext USA within 30 days to attempt to resolve the issue before seeking any legal remedies.

Scope of Work:

The scope of work outlined in this quote is based on the information provided by the client and may be subject to change upon further assessment by Cinemanext USA Technicians.

Force Majeure:

Cinemanext USA shall not be liable for any delay or failure to perform its obligations under this agreement due to circumstances beyond its reasonable control, including but not limited to acts of nature, government actions, or other unforeseen events.

Governing Law:

This agreement shall be governed by and construed in accordance with the laws of the state of Kansas.

Entire Agreement:

This document constitutes the entire agreement between Cinemanext USA and the client and supersedes all prior agreements and understandings, whether written or oral.

Changes to Terms and Conditions: 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

Contact Information: 

Questions about the terms and conditions should be sent to usashop@cinemanext.com or use the contact form.

This document was last updated on June 1, 2024