GTC

General terms and conditions of Shelduck TV

1. General

These "General Terms and Conditions of Sale Shelduck TV" (hereinafter: "GTC") of Shelduck Production Sàrl apply to the sale and use of Shelduck TV in addition to the General Terms and Conditions of Use of Shelduck TV (hereinafter: "GTC STV") as well as those relating to data protection included in the General Data Protection Declaration (hereinafter: "GDPR") which is available on the website www.shelducktv.com. In the event of contradictions, the STV GTC shall prevail over these GTC. If the customer does not agree to these terms and conditions and is within the time period allowed for a return according to the applicable return policy (see art. 3.5 GTC), he/she may return the Shelduck TV to the place where he/she obtained it for reimbursement, in accordance with the provisions of said return policy.

2. Copyright and reproduction

The copyright, trademark rights and other intellectual property rights to the content (all videos, software, sounds and images) as defined in Art. 5.1 STV GTC of Shelduck TV (hereinafter: "content") are the property of Shelduck Production Sàrl or its licensors. The customer is not allowed to The customer is not allowed to reproduce the contents of Shelduck TV. Furthermore, the customer is not allowed to process, modify, sell, license or otherwise transmit the contents of Shelduck TV, unless he/she has the prior written consent of Shelduck Production Ltd. The Shelduck TV software is protected by the copyright of Shelduck Production Sàrl and third parties and is made available in strict accordance with the STV GTC and the licence conditions applicable to this product. It may only be used for the purpose for which it was intended, in accordance with this legal notice. For private customers The use of Shelduck TV outside the customer's private circle (family, close friends) is prohibited and constitutes an infringement of copyright. In particular, the customer is not allowed to display or distribute all Shelduck TV contents or parts thereof to the public or to make them available to him/her, for example, by means of downloading in peer-to-peer networks or to use them for commercial or industrial purposes. The broadcasting and/or reception of audio and visual videos (hereinafter: videos) of Shelduck TV in places accessible to the public such as cafés, restaurants, bars, hotels, cinemas, theatres, exhibitions, shop windows, etc. is prohibited and constitutes an infringement of copyright. In case of unauthorized use of Shelduck TV contents, the customer not only violates his contractual obligations towards Shelduck Production Ltd., but also violates the rights of third parties and, as a result, he will have to compensate both Shelduck Production Ltd. and third parties. For corporate customers In case of use of Shelduck TV by clients for commercial or industrial purposes, the client must ensure that the broadcasted videos cannot be used by unauthorized third parties. In case of unauthorized use of the Shelduck TV contents, the customer not only violates his contractual obligations towards Shelduck Production Ltd., but also, if necessary, violates the rights of third parties and, as a result, he will have to compensate both Shelduck Production Ltd. and third parties.

3. Guarantee

3.1 General

Shelduck Production Sàrl guarantees that its products, i.e. the Shelduck TV box, the power supply cable and the HDMI cable (hereinafter: the products) are free from material and manufacturing defects during the warranty period. The customer's claims can only be based on this warranty. Shelduck Production Sàrl undertakes to repair, replace or reimburse the defective products according to its judgment in accordance with the warranty conditions below. Repairs under the warranty must be carried out by a service centre approved by Shelduck Production Sàrl. Repaired or exchanged products may contain new and/or reused components or devices. The warranty conditions for Switzerland are detailed below.

3.2 Conditions

The warranty period begins on the date of handover/delivery of the products in new condition to the customer. In order to benefit from the guarantee, the customer must present the original purchase invoice (i.e. the invoice for the first purchase of the product in new condition by the customer) in the case of purchase with direct delivery of the products and the delivery note for delivery of the products to the customer. customer, the delivery note certifying the correct receipt of the products.

3.3. General restrictions

In the following cases, no warranty benefits are provided:
- Normal and expected wear and tear (e.g. cables, software, hardware and protective covers).
- Surface damage, scratches, dents or plastic damage to connectors/sockets/fittings.
- Product/model/serial/IMEI numbers have been altered, erased, made illegible or removed.
- Products have been broken or tampered with.
- Products have been exposed to liquids/chemicals of any kind and/or extreme temperatures, humidity or moisture.
- Accident, fall, change of use, abuse or misuse, especially if the STV GTCs and the product safety instructions are not followed.
- Damage caused by lightning, water, fire, force majeure, poor mains voltage, insufficient ventilation or other circumstances for which Shelduck Production Ltd. cannot be held responsible.
- Use of third party software to modify, edit, adapt or extend the Shelduck Production Sàrl approved software pre-installed on the Shelduck TV.
- Use of third party firmware / operating system.
- Damage resulting from the use of the products outside the scope of the specifications.
- When requesting services not provided by Shelduck Production Ltd. or a service partner authorised by Shelduck Production Ltd.
- Use of spare parts not produced or distributed by Shelduck Production Sàrl.
- Use of the product with accessories not intended for it.
- Regular checking and maintenance.
- Use of non-original consumables.

3.4. Limitation of liability

The liability of Shelduck Production Ltd. is limited to the extent permitted by law. Shelduck Production Sàrl shall not be liable for material damage, downtime, loss of products, travel costs, loss of profit or otherwise.

3.5. Bring-in

In the event of a bring-in warranty case, the customer can bring the products to one of the following locations:
- The point of sale where the customer purchased the products.
- An authorised service centre near the customer's home.
In the case of a bring-in service, the customer is responsible for the outward transport, including the transport costs. Shelduck Production Ltd. is responsible for the return transport to the customer as follows:
- If the products were sent without packaging, Shelduck Production Ltd. takes care of the return logistics.
- If the products were sent with their packaging, they will be sent back by post.

3.6. Benefits (Products defective on delivery)

If the customer's products are defective upon delivery (hereinafter referred to as DOA, Dead On Arrival), the customer is required to immediately contact technical support or the Shelduck Production Sàrl dealer. Please note that DOA claims must be submitted within 7 days after the date of purchase and that the entire contents of the delivery, including packaging, must be included. A credit note can only be issued after the products have been sent to Shelduck Production Ltd.

3.7. Return of end-of-life products to the manufacturer

When the Shelduck TV has to be disposed of, the customer is requested not to throw it away, dispose of it or recycle it with other household waste. Shelduck Production Sàrl has set up an eco-responsible recycling system for the specific components used in the manufacture of the products. Therefore, Shelduck Production Sàrl strongly recommends the customer to refer to the recommendations indicated on the website www.shelducktv.com/ecologie.

3.8. Warranty conditions

The warranty period starts on the day of delivery of the products and lasts for a period of 2 (two) years. Proof of purchase is required for any warranty claim and the serial number of the products must be clearly legible. The warranty covers material and manufacturing defects. The warranty does not apply to consumables included with the products. These may have a reduced or no warranty period. Art. 3.3 GTC specifies cases of exclusion of warranty and should be checked before a service request. For any warranty claim, the customer should contact our customer service department at the contact details indicated on the website www.shelducktv.com.

4. Data protection

The processing of personal data in connection with the sales contract is governed by the current data protection declaration of Shelduck Production Ltd. The current data protection declaration can be viewed on the website at www.shelducktv.ch/protectiondesdonnées.

December 2021