Terms & Conditions of Supply
These terms and conditions together with the documents referred to in them (Conditions) tell you the basis on which we will supply to you any of the products (Products) and services (Services) listed on our websites. Please read these Conditions carefully before ordering any Products or Services from or via the Website. By ordering any of the Products or Services, you agree to be bound by these Conditions.
You should print a copy of these Conditions for future reference.
Please click on the button marked 'I Accept' if you accept these Conditions. If you refuse to accept them, you will not be able to order any Products or Services from the Website.
By placing an order through the Website, you warrant that:
- you are dealing as a consumer and not as a business;
- you are legally capable of entering into binding contracts;
- you are at least 18 years old unless you determine that there are no applicable age restrictions imposed by us or any third party to whom we subcontract provision of such Products and/or Services;
- you are resident in the United Kingdom;
- you are accessing the Website from the United Kingdom;
- the information you provide to us during the process of placing an order for Products and/or Services is accurate, complete and not misleading.
You may purchase any Products and/or Services for your own use, the use of your spouse (or partner provided that you can prove residency at your address of residence) and/or unlimited dependents (provided that you can prove residency at your address of residence and provided that there are no applicable age restrictions imposed by us or any third party to whom we subcontract provision of such Products and/or Services).
The Products purchased are intended to be sold for domestic use, members who regularly order excessive amounts may be limited in their usage of this order facility. Limitation of a members order facility can be applied without notice and at any time.
Application of Terms
Your contract is with Sodexo Motivation UK Limited, trading as Filmology who’s trading address is Avalon House, Breckland, Linford Wood, Milton Keynes, MK14 6LD.
Subject to any variation agreed under these terms, the contract between you and us for the purchase of Products and/or Services will be subject to these Conditions and no other terms and conditions will apply.
These Conditions apply to all sales made by us on the Website and no variations to these Conditions or representations about the Products and/or Services will have any effect unless one of our Directors expressly agrees in writing to that effect.
Every order for Products and/or Services which we receive from you will be deemed to be an offer by you to purchase Products and/or Services subject to these Conditions.
Orders placed by you will not be deemed to have been accepted by us unless and until we provide you with an acknowledgement of your order (Order Confirmation) by email. The Contract will only be formed when we send you the Order Confirmation.
It is your responsibility to check that your order is accurate and complete, we accept no responsibility for any incompleteness of or inaccuracies in your order.
The description of the Products and Services is as set out on the Websites or on any other promotional literature that we may from time to time publish.
All drawings, descriptions, specifications and advertising issued by us and any descriptions or illustrations contained on the website or in any other promotional literature that we publish are issued or published to provide an indication only of the Products or Services which they describe. They are not part of this contract.
The Products and Services and the packaging of the Products are subject to change or substitution without prior notice.
No cash alternatives to the Products and Services are available.
Delivery and Performance
We will (as applicable):
Deliver or procure the delivery of the Products ordered by you; and/or perform or procure the performance of the Services ordered by you in accordance with these Conditions. In the absence of any delivery and/or performance details, we will dispatch the Products and/or perform the Services as soon as reasonably practicable after we have dispatched our Order Confirmation but no later than 30 days after we dispatched the Order Confirmation unless there are exceptional circumstances. Unless agreed otherwise, Products will be delivered to the address specified in the Order Confirmation.
Subject to any provisions of the Contract to the contrary, we will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused either directly or indirectly by any delay in the delivery of the Products and/or performance of the Services to you (even if caused by a breach of our duty to you). You will not be entitled to terminate the Contract because of any delay, unless the delay exceeds 30 days.
Non-Delivery and Non-Performance
Our record of the number of Products dispatched to you as a result of your order will be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.
We will not be responsible for any failure to deliver Products and/or perform Services (even if caused by a breach of our duty to you) unless written notice is given to us within 14 days of the date when the Products and/or Services would in the ordinary course of events have been delivered and/or performed.
Our liability to you for failure to deliver Products is limited to providing replacement Products within 14 days of the date on which we receive notice that the Products have not been delivered or refunding to you the Price already paid by you in respect of the Products.
Our liability to you for failure to perform Services is limited to providing a refund of the Price already paid by you in respect of the Services.
Price and Payment
The price of Products and Services inclusive of VAT where applicable is as quoted on the Website from time to time, except in cases of obvious error (Price).
Prices are subject to change by us at any time on written notice. If we change the price of any Products or Services after you have placed an order, you will pay for the Product or Service at the Price shown at the time of the order confirmation.
The Website contains a large number of Products and Services and it is always possible that, despite our best efforts, some of the Products and Services may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's or Service's correct price is less than our stated price, we will charge the lower amount when dispatching the Products or performing the Services for you. If a Product's or Service's correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you or reject your order and notify you of such rejection.
We are under no obligation to provide Products or Services to you at the incorrect, lower price, even after we have sent to you an Order Confirmation if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as an error.
Payment for all Products and Service must be made by credit or debit card. We accept payment with the cards identified on the Website. We will charge your credit or debit card on acceptance of your order.
Discounts are based against standard box office, peak rate prices, i.e. after 5:00 p.m. Mondays – Fridays and all day Saturdays and Sundays (unless otherwise stated). For Bank Holidays, weekend prices apply.
Discounts may be considerably less when certain Products are used at off peak times: i.e. before 5 p.m. Monday – Friday (unless otherwise stated) or where discounts are applied at weekends or other discounted times determined by the individual cinema chain. Excludes third party offers and promotions.
Quality of Products
We will endeavor to ensure the Products are dispatched in perfect condition. If, when the Products have been received you are unhappy with the condition of the Products, you may:
Return the Products to us within 14 days following delivery. You must notify us of the reason for such a return and you must refer to any returns authorisation number or code that we may give you. No returns will be accepted outside of the 14 days and we accept no liability for faulty Products not returned within this period.
We will refund the Price for any defective Products or, if requested by you, repair or replace the Products provided that the Products are returned by you in the same condition and with the original packaging as when they were delivered to you.
Limitation of Liability
Notwithstanding the provisions of the paragraph above, this paragraph sets out the whole of our financial liability (including any liability for any actions or failure to act by our employees, agents and sub-contractors) to you in respect of:
- any breach of these Conditions; and
- any representation, statement or tortious act or omission including negligence, which arises directly or indirectly from the Contract.
All of the guarantees, rights, conditions and other terms implied by any statute or at common law (except the conditions which are implied by section 12 of the Sale of Goods Act 1979) are excluded from the Contract so far as it is legally possible to do so. This includes but is not limited to your rights to return goods under the DSR \ FSR regulations if purchasing non paper Products.
These Conditions do not exclude or limit in any way our liability for:
- death or personal injury caused by our negligence;
- damage or defects as referenced under section 2(3) of the Consumer Protection Act 1987;
- fraud or fraudulent misrepresentation; or
- any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We shall not be liable to you for:
- any indirect loss, damage, costs and expenses;
- special or punitive loss, damage, costs and expenses;
- loss of profit;
- loss of management or office time;
- loss of business;
- loss of reputation;
- depletion of goodwill; or
- loss of, damage to or corruption of data unless caused by us.
Our total liability to you arising as a result of the performance or contemplated performance of this Contract will be limited to the value of the Products and/or Services purchased as stated on the Website (including, in the case of Products, delivery costs) and, in the case of Products, the reasonable cost of returning the Products to us.
If you are a consumer, you have a right to cancel your order for certain Products purchased on the Website and we will give you a refund of the Price paid by you. To cancel your order, you must email us or write to us (within 14 days of delivery of your Products), quoting your order number.
You must take reasonable care of the Products and must not use them while they are in your possession. Products returned by you in accordance with this paragraph will be refunded, no later than 30 days after you cancel the order. Cancellation fees apply.
Third Party Suppliers
We may contract our obligations to supply any Products or Services to you to a third party supplier. If we do so then we will need to pass your personal details to that supplier and you therefore consent to us passing your personal details on to that supplier only for the purpose of supplying Products and/or Services ordered by you. We cannot give any undertaking, that Products you purchase from third party sellers through our Website, or from companies to whose website we have provided a link on our Website, 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.
Your purchase of certain Products and Services may be subject to supplemental terms and conditions dealing with issues such as estimated delivery times and any guarantees or warranties that are applicable to those Products and Services. Such supplemental terms will be brought to your attention during the order process and which you must accept in order to place an order. If there is any conflict between these Conditions and such supplemental terms, the supplemental terms will override these Conditions.
If you are a consumer, nothing in these Conditions will affect your statutory rights.
None of our rights or remedies under the Contract will preclude any other right or remedy that we may have.
If any provision of the Contract is found by any competent authority to be wholly or partly invalid or unenforceable, the invalid or unenforceable part of that provision will to the extent of such invalidity or unenforceability, be deemed deleted from the Contract and the remainder of such provision shall not be affected and shall continue in full force and effect.
Any failure or delay by us to enforce or partially enforce any provision of the Contract will not be construed as a waiver of any of our rights under the Contract.
Any waiver by us of any breach by you of any provision of the Contract will not be deemed to be a waiver of any later breach or default and will in no way affect the other terms of the Contract.
This Contract is not intended to benefit any third party and the provisions of The Contracts (Rights of Third Parties) Act 1999 are excluded.
All aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.
For general enquiries, please email email@example.com.