Terms of Use and Sale

Terms of Use and Sale

 

PICTURES BY POST Terms of Use and Sale

1. Introduction

1.1             Thank you visiting our Pictures By Post website (let’s call it our “site” for short), brought to you by Columbia Pictures Corporation Limited (“we”, “us” or “our”). These terms of use and sale (let’s call them “Terms” for short), together with our privacy policy (“Privacy Policy”), sets out the terms that apply to your browsing and use of our site, any purchases that you make with us through the site and any purchases you make with us over the phone or by post (let’s call them our “Services” for short).  In these Terms, when we refer to “you” and “your” we mean you, the person using or visiting our site or making purchases with us.

1.2             If you are under the age of 18, please make sure that a parent or legal guardian (“Your Adult”) reads these Terms and explain any bits to you that you don’t understand. You must have Your Adult’s permission to use the site and unfortunately only Your Adult can set up accounts with us and make purchases with us.

1.3             These Terms, together with our Privacy Policy sets out the ways in which you may access, and use our Services. Please read these Terms carefully before you use our Services.

2. About us

2.1             We are Columbia Pictures Corporation Limited, a company incorporated in England and Wales. Our company number is 00242372. Our registered address is Sony Pictures Europe House, 25 Golden Square, London, W1F 9LU. Our VAT number is 354303185.

2.2             If you have any queries about these Terms, or our site, or would like to contact us for any reason, including in relation to any cancellations or complaints, please do so using the following details:

Address:

PicturesByPost c/o SPHE CS, SONY DADC 6 Solar Way Innova Park Enfield Middlesex EN3 7XY

Email:  

pbuk_queries@sonydadc.com

Tel:       

01992 655 572

  1. Access to and use of the site

3.1             There is currently no charge for your use of the site, although we do of course charge for things you buy on the site. You agree that we can change this at a later date as long as we let you know in plenty of time before we start charging for use of the site.

3.2             You agree that we can make any changes to the site that we want to and that we can stop making the site available or limit access to it at any time. We do not have to tell you before we do this.

3.3             Anything that you may need to be able to access the site, such as computers, mobile devices or internet access, is your responsibility and we don’t have to provide any of this equipment for you. You are also responsible for ensuring that no person uses your equipment to access the site without your permission. We will be entitled to assume that anyone who accesses the site using your equipment has your permission to do so and you will be responsible for any charges, costs or liabilities that may be incurred by any such persons while using your equipment.

3.4             You must not attack the site with any nasty viruses or other things that might be harmful to the site or any of our users. Any hackers or other trouble makers may be reported to law enforcement authorities.

4. Products

4.1             As part of the Services that we offer on our site, you can purchase from us certain goods as displayed on our site catalogue from time to time such as DVDs and Blu-Rays DVDs (let’s call them “Products” for short).

5. Your Account

5.1             If you would like to purchase Products from us, you must first create an account with us via our site (we call this your “Account”).

5.2             Unfortunately you have to be 18 years or older to create an account so if you’re under 18, you will have to ask Your Adult to set up their own Account and order Products for you.

5.3             When registering for an Account, you must provide us with true, accurate, and complete data about you and keep this information up to date, otherwise we might not be able to process your purchases. For more information about how we will use your personal information please see our Privacy Policy.

5.4             Your Account is personal to you and so you must keep your Account username and password confidential, and must not disclose it to any other person or entity.

5.5             If you think that someone other than you has accessed your Account without your permission or if you lose your username or password, you must let us know immediately using the General Enquiry details at section 2 above.

6. Ordering Products from us

6.1             You can make a request or order to purchase Products from us directly via your Account by providing us with all of the necessary information that we need to confirm your Order (let’s call this your “Order”).

6.2             You can pay for your Products by using credit or debit cards and any other methods as indicated on our site from time to time, including PayPal, and will have to tell us your preferred payment method when you submit your Order to us.

6.3             If you choose to pay by PayPal, you will be directed to login to you PayPal account via our site and review the total amount payable for your Products and delivery before clicking ‘Pay Now’ to authorise the payment and place your Order. Once this has been completed, you’ll return to our site).

6.4             If you aren’t using PayPal, your Order won’t be placed until you click the “Pay Now” button to authorise the payment and place your Order.

6.5             You confirm to us that the payment card or PayPal account you use is yours or that you have been specifically authorised to use it to purchase your Products.

6.6             By placing an Order, you authorise us to immediately charge your payment card or PayPal account for the full purchase price and we are entitled to rely on placing an Order as an instruction to us to take your payment.

6.7             Once you’ve placed an Order, we’ll send you an email to acknowledge that we’ve received it and are reviewing it but this doesn’t mean that we’ve accepted your Order just yet.

6.8             Your Order won’t be approved and a contract of sale won’t be formed between us until we have reviewed your Order, processed your payment and provided you with confirmation of your Order and delivery information by email (let’s refer to an accepted Order as our “Contract”).

6.9             If we are unable to accept your Order, perhaps because the Product you’ve requested isn’t available, because your payment failed, or because we don’t sell in your territory, we will let you know by email and obviously won’t charge you. However we have to reserve the right to reject Orders in our sole discretion.

7. Product Pricing

7.1             All Products that we displayed in our site catalogue are priced in Pounds Sterling, inclusive of VAT, unless expressly stated otherwise but are subject to availability.

7.2             The costs of delivery will be displayed on our site and will be made clear to you when you make an Order but you understand that these will be borne by you.

7.3             We do our best to make sure that Product and pricing information is current and complete but won’t be liable for inaccurate or out of date information. It’s possible that, despite our best efforts we may get Product prices wrong from time to time; if we do, we will contact you for your instructions before we accept your Order and process your payment.

7.4             We may update our Product prices and delivery charges from time to time but these changes won’t affect any existing Contracts.

8. Delivery

8.1             We will deliver your Products to the delivery address you gave us when you completed your Order within 30 days of the date we send you confirmation of our Contract.

8.2             We can’t be responsible for delivery delays outside of our control but if we let you know that there’s a substantial risk of delays to our delivery and you can’t wait for your Products, you can contact us to cancel your Contract and ask for a refund of any Products not received.

8.3             If, after repeated attempts to deliver or arrange redelivery of your Products to you, we are unable to do so (including for example if you don’t provide us with all the information we need to deliver the Products), we may have to return your Products to our storage facilities and cancel our Contract. If this happens, we will let you know and refund you for the Products we have not provided but we may deduct from your refund the delivery costs that incurred trying to deliver your Products to you.

8.4             Once we have delivered your Products to you (or someone on your behalf) you will be responsible for any damage to or loss of the Products.

9. Changing your mind about your Order 

9.1             You have the right to cancel your Order and receive a full refund for any reason from the date you place your Order until the expiry of 14 days from the day that you (or someone on your behalf) receive the Products, provided that you have not used the Products and that they remain unopened.

9.2             If you would like to cancel your Order, you can let us know by contacting us using the details set out in section 2 above and then send your Products back to us within 14 days of receipt to the address referenced in section 2 with the completed return slip.

9.3             Unless the Products you receive are defective or weren’t the Products ordered, we ask that you bear the cost of return shipping costs, otherwise we will either provide you with a return label or arrange collection.

9.4             If you cancel your Order as set out in this section 9 we will refund you the full price paid for your returned Products, including the delivery costs, by the method you used to pay for the Products, as soon as possible once we receive the returned Products or receive evidence that you have sent the Products back to us (unless there is a problem with the return of the Products this will be no later than 14 days’ from the date you tell us that you’re cancelling your Order).

10. Problems with your Products

10.1          We are under a duty to supply you with Products that conform with our Contract. Your right to cancel set out in section 9 above does not affect your general rights as a consumer in relation to any defective or incorrect Products you may receive.

11. Questions and Complaints

If you have any questions or complaints about the Products that you’ve received, if your Products are faulty or not what you ordered, please contact us immediately using the details set out at section 2 above with Contract details and a description of the problem.

12. Third party links and resources on our site and linking to our site

12.1           You understand that our site may contain links to other sites and resources provided by third parties not under our control. We also have no control over the content of such sites or resources available on them and so cannot be responsible or liable for them or their content or resources on them in anyway.

12.2           Links to third party sites do not necessarily imply that we are or that our site is affiliated or associated with such third party sites. If you do decide to visit any other site, you do so at your own risk but should be aware that other third party sites may have their own terms and conditions, which we suggest you read carefully before proceeding.

12.3           You may link to any page of our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not frame our site on another or establish a link in such a way as to suggest that we might be associated with another third party or site where we’re not.

12.4          You agree that we can withdraw linking permission to our site at any time and we do not have to tell you about this before we do so.

13.  Intellectual property rights

13.1          We are the owner or the licensee of all intellectual property rights in the site or your Account and in any content, material, products or services available on it.

13.2          You must not use any content from the site for commercial purposes without our permission.

13.3          If you copy or use any part of the site or the content, products or services made available through it in breach of the Terms, you will no longer have permission to use the site and, in addition to any other rights we may have, we can require you to return or destroy any copies of the materials you have made.

14. Data protection and privacy

14.1          Any personal information that we collect from you as you browse and use the site or make a purchase with us (whether via the site, over the phone or by post), will be collected and used in accordance with our Privacy Policy. To find out more about the data we collect from you and how we use it please read our Privacy Policy.

14.2          By accepting these Terms you are also consenting to our use of your personal data in accordance with our Privacy Policy.

15. Limitation of our liability

15.1          We are responsible to you for the foreseeable loss and damage caused by us as a result of failing to comply with these terms or failing to use reasonable care and skill. By foreseeable loss we mean a loss that is obvious will happen or if, at the time of confirmation of our Contract, we both knew it might happen.

15.2          In these Terms we do not exclude or limit our liability to you where it would be unlawful to do so. This includes, death or personal injury arising from our negligence; fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the Products you purchase including the right to receive Products which are: as described on our site; of satisfactory quality; fit for any particular purpose made known to us; not defective.

15.3          Subject to section 2, where it is permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the site, site availability and any content on our site and will not be liable to you for any loss or damage (whether direct or indirect), including any caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your internet-enabled device, software, data or other proprietary material, even if foreseeable, arising under or in connection with your:

15.3.1            use of, or inability to use, the site;

15.3.2            use of or reliance on any content displayed on our site; or

15.3.3            downloading of any content on our site, on any website linked to our site.

15.4           Please note that we only provide our site and supply Products for domestic and private use. You agree not to use our site or purchase Products for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, loss or loss of business opportunity.

16. General

16.1          No one else has any rights under this contract against either us or you. This contract is between you and us. The Contracts (Rights of Third Parties) Act 1999 does not apply to these Terms.

16.2          You can’t transfer your agreement with us to anyone else without our permission.

16.3          We may transfer this agreement to another organisation but we will let you know if we plan to do this and will ensure that the transfer will not affect your rights under the contract.

16.4          If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

16.5          If a court or regulator finds any part of these Terms illegal, invalid or otherwise unenforceable regulator, then, where required, that part shall be deleted from the Terms and the remaining parts of the Terms will continue to be enforceable.

16.6          These Terms and our Privacy Policy set out the full extent of our obligations and liabilities concerning the site and any products or services provided through it and replace any previous agreements and understandings between us and you.

16.7          You agree that you will not have any remedy in respect of any untrue statement (whether made innocently or negligently) made to you upon which you relied in agreeing to these Terms other than any remedy you may have for breach of the express terms of these Terms.

16.8          These Terms and any non-contractual obligations arising out of them shall be governed by and construed in accordance with English law. To the extent that the law in which you are resident permits you agree to submit to the non-exclusive jurisdiction of the English courts.

17. Changes to these Terms

We may make changes to these Terms from time to time. If we do this we will update the page where these Terms are available or, we will notify you via email of any changes that are significantly material to you. You continued use of our Services will be subject to the new terms either from the date we notify you or on the date that we update them on our site in the case of immaterial changes.

 

 

 

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