EMPIRE FILM COMPANY - TERMS AND CONDITIONS
Terms and Conditions for the purchase of product delivered to your door.
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the physical products (Products) listed on our website http://www.empirefilmco.co.uk (our site) and any other website (Ebay & Amazon) to you . Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
www.empirefilmco.co.uk is a site operated by Empire Film Company UK (we, us, our) our registered office and main trading address is at Empire House, 122 Point Road, Canvey Island, Essex, SS8 7TQ.
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 The site/shop is operated by Empire Film Company UK , and by placing an order on this website you are contracting directly with Empire Film Company UK .
2.2 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation).
We can only accept the order once we have confirmed that the Product is in stock and available to send out. We have a large number of Products for sale on our site and it is always possible that, despite our best efforts, some of the Products listed on our site may be discontinued by and are therefore, no longer available from our suppliers. The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
Products listed on our site/shop with a shipping message of “Usually delivers within 10 days” are out of stock lines which are deemed back-catalogue or on which we have limited supply. We will always do our best to source the stock to fulfil Customer Orders for these products however, we cannot guarantee that orders on these titles will be fulfilled.
2.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
2.4 For PRE-ORDERS the Product will be delivered to you either on the release date of such Product or as soon as reasonably possible after.
3. SERVICE AVAILABILITY
Our site/shop is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside of the United Kingdom and we do not deliver to the Isle of Man, Orkney, Shetland and Scottish Islands, BFPO addresses, or the Republic of Ireland.
Note : Section 3 does not apply to our Ebay/Amazon outlets.
4. YOUR STATUS
4.1 By registering with us and placing an order through our site/shop, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in the United Kingdom and are accessing our site from the United Kingdom;
Note : Section 4.1 (c) does not apply to our Ebay/Amazon outlets.
(d) All the information you provide to us is true, accurate, current and complete in all respects including your name, address, phone number, email address and any other details we may request in order to process your order;
(e) You will inform us immediately if any of any changes to the information you supplied when registering by updating your personal details.
(f) You will use the Products you purchase from us in accordance with these Terms and Conditions and only for lawful purposes and in a lawful manner.
4.2 We reserve the right to:
(a) Decline a new customer registration or suspend a customer's account at any time and at our sole discretion.
(b) Terminate, at our absolute discretion, your access to all or part of the services with or without notice.
(c) Use a third party supplier and/or any current fulfilment centre employed by us to fulfill any order without further notice aand at our sole discretion.
(d) Discontinue, at our absolute discretion, our site or services, or any part thereof, at any time, with or without notice.
5. OUR STATUS
We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
6. BULK PURCHASES
To ensure availability of all our products, customers may be limited to a maximum number of items (two ). Goods will not be supplied for the purposes of resale, and are only supplied for a customer’s own use as a consumer. We reserve the right to refuse orders that we consider are for commercial or non-domestic purposes or subject to onward delivery by a third party.
7. CONSUMER RIGHTS
7.1 If you are contracting as a consumer, you may cancel a Contract at any time within 28 days, beginning on the day after you received the Products. This includes your right to cancel your order under the Distance Selling Regulations (exclusions apply: see clause 7.4 below). In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy set out in clause 10.
7.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
7.3 On faulty Products, after the 28 day cancellation period, we reserve the right to offer a spare part or repair where appropriate.
7.4 PLEASE NOTE that CDs, DVDs, tapes, console computer games or other recording media, software or videos may not be returned under clause 7.1 if their seal has been broken.
7.5 This clause 7 does not affect your statutory rights.
7.6 We will always use our best endeavours to fulfil your order by the estimated delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7.7 Every effort shall be made to dispatch all or part of your order within 28 days of your order being placed, however in the event that all or part of your order cannot be dispatched we will automatically cancel the unfulfilled part of your order and send you an email to let you know.
7.8 All our deliveries are despatched by Royal Mail (2nd Class). If you have not received all or part of your delivery (despite receiving a despatch confirmation email) after 14 days, please contact Customer Service to register your delivery as "Lost In Mail" at email@example.com.
In order to leave enough time for the Royal Mail to deliver your parcel, please wait 14 days after the delivery due date noted in your Despatch Confirmation Email, before registering your delivery as "Lost In Mail".
Items will not be registered as "Lost In Mail" within 14 days of the product being sent to you.
7.9 We reserve the right to withdraw any Products at any time from our website/shop and we will not be liable to you for withdrawing any Products.
8. RISK AND TITLE
8.1 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products .
8.2 The Products will be at your risk and transfer of title will pass to you when the goods leave our warehouse or our distribution/fulfilment centre.
9. PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error, and will be in £ Sterling.
9.2 These prices include VAT where applicable. During the Checkout process and prior to your confirming order you will be asked to Review and Confirm your order. At this point the VAT element, if any, of the amount due will be displayed separately.
Note : Section 9.1 does not apply to our Ebay/Amazon outlets
9.3 You will NOT be charged a delivery fee for the delivery of any Products UNLESS you have requested either a special or non-standard delivery.
Note : Section 9.3 does not apply to our Ebay/Amazon outlets
9.4 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Despatch Confirmation unless there is a Price Drop.
9.5 For some pre-ordered Products there may be an additional discount (Price Drop) to which you are entitled. You will be notified by email on the Product’s release date of any Price Drop and your credit card or debit card will be charged the price of the Product LESS the Price Drop on despatch.
In the event that a Product that is subject to a Price Drop on its release date is despatched to you prior to its release date and the undiscounted price of that Product has been charged to your credit or debit card at the time of despatch then the value of the Price Drop will be refunded to that same credit or debit card within ten days of the relevant Product’s release date.
9.6 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.7 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a miss-pricing.
9.8 The prices quoted on this site/outlet apply only to Products sold via this site/outlet. Where the same products are available on our other website/outlets different prices may apply.
9.9 Payment for all Products must be by credit or debit card via Paypal or direct Paypal payment. The address at which the card / Paypal account is registered must be the same as your billing address. You can register a new payment card at any time, but the card associated with a given order cannot be changed once you have checked out.
9.10 All payments via Paypal are instant subject to Paypal's policy's (please refer to Paypal's term's and condition's)
9.11 To ensure that your Paypal account is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms and Conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. This is done only to confirm your identity, a credit check is not performed and your credit rating will be unaffected.
9.12 We do not accept cheques,vouchers,cash or any other means of payment other than via Paypal.
10. OUR REFUNDS POLICY
10.1 When you return a Product to us:
(a) Because you have cancelled the Contract between us within the cooling-off period (see clause 7.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because you have notified us in accordance with clause 22 below that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective, or you claim the Product was not described properly on our site), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including the cost incurred by you in returning the item to us.
10.2 PLEASE NOTE that any Product returned to us will be at your own risk and we recommend that you obtain a proof of posting certificate free from the Post Office when the Product is posted.
10.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11. OUR LIABILITY
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied provided that such purposes are domestic. Where you decide to use the products in the course of a business, we exclude (to the fullest extent permitted by law) those warranties and conditions relating to fitness for a particular purpose.
11.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
11.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
(a) Loss of income or revenue;
(b) Loss of business;
(c) Loss of profits or contracts;
(d) Loss of anticipated savings; or
(e) Loss of data.
provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (e) inclusive of this clause 11.4.
11.5 We will not be liable to you for any Product that you find offensive or obscene irrespective of whether or not it is marked up as containing explicit material. Your use of the Product is at your own risk.
11.6 Although we will take all reasonable care to ensure that all descriptions and details of Products appearing on our site are correct at the time when the information was inputted onto the system, the information appearing on our site at any time may not reflect the exact position at the moment you place an order.
11.7 Please be aware that the colours and appearance of the Products may vary slightly from the way they appear on the screen and we cannot guarantee that your monitor screen will accurately reflect the colour of the Product on delivery. All measurements and sizes are approximate, although we make every effort to ensure that they are as accurate as possible.
11.8 Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Empire Film Company, by sending us an email at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above.
Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. Please note that many of our goods are shipped from all over the UK and therefore shipments can be impacted by bad weather, fog or any other event impacting the transporting of gooda around the UK mainland.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Despatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTIONS
20.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.
20.2 Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
21. UPDATES TO TERMS & CONDITIONS
We reserve the right to update our Terms and Conditions in line with changes to business needs and distance selling regulations, as and when required.
Last updated: 18th December 2012