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PLEASE
READ THESE CONDITIONS OF SALE CAREFULLY BEFORE PLACING AN ORDER FOR
ANY GOODS.
By placing
an electronic order you are making an offer which, if accepted by us,
will constitute a binding agreement between us.
These are the Standard Conditions of Sale of Blue Angel Films Limited
(registered number 311276) of Columbia Mills 14-15 Sir John Rogerson's
Quay, Dublin 2, Ireland ("we" or "us") for certain products as set out
in the pages on this site from which you have chosen being the products
listed in the checkout page and on the order form ("the Goods"). Subject
to the provisions of Clause 4.2 below, the price of each of the
Goods is exclusive of any applicable value added tax and is as calculated
and set out on the order form. In addition to the price of the Goods
a delivery charge as set out on the order form will be payable. Whilst
every effort is made to deliver the Goods in accordance with the time-scales
set out for delivery in the relevant pages, we do not accept any liability
for late delivery of the Goods and your attention is drawn to the provisions
of Clause 6 below. In accordance with the provisions of The Consumer
Protection (Contracts Concluded by Means of Distance Communication)
Regulations 2000, you have the right to cancel this transaction. Details
of your right to cancel will be sent to you with the Goods when they
are delivered and can be found in Clause 9 below.
PLEASE
NOTE THAT THE RIGHT TO CANCEL THE CONTRACT DOES NOT APPLY IN RESPECT
OF ANY SOFTWARE, AUDIO OR VIDEO RECORDINGS WHICH HAVE BEEN OPENED BY
YOU.
We reserve
the right, at our discretion, to change, modify, add, or remove portions
of these Conditions at any time. Please check these Conditions periodically
for changes.
1. Interpretation
1.1 In these Conditions:
'Conditions' means the standard Conditions of sale set out in this document
'Contract' means the contract for the sale of the Goods
'Credit Card' means the credit or debit card chosen by you to be used
as the method of payment for the Goods of which you have provided details
to us when placing the Order
'Information System' means a system for generating, sending, receiving,
storing or otherwise processing email; 'Order' means any order placed
by you with us for the supply of Goods
'Order Form' means the electronic order processing form completed and
submitted electronically by you
'Regulations' means The Consumer Protection (Contracts Concluded by
Means of Distance Communication) Regulations 2000
1.2 Reference to any statute or statutory provisions shall be deemed
to include any statutory modifications or re-enactments thereof or any
rules or regulations made thereunder or any enactment repealing and
replacing the act referred to.
1.3 Unless the context otherwise requires:-
1.3.1 words importing the singular shall include the plural and vice
versa;
1.3.2 words importing the masculine gender shall include the feminine
gender and vice versa;
1.3.3 references to persons shall include bodies of persons whether
2. Basis
of the sale
2.1 We shall sell to you and you shall purchase only those Goods which
you have set out in an Order which has been accepted by us. We reserve
the right to reject any Order. Each such sale of Goods will be subject
to these Conditions, which shall govern the Contract to the exclusion
of any other terms and conditions subject to which any Order is made
or purported to be made by you.
2.2 No Order submitted by you shall be deemed to be accepted by us unless
and until confirmed by email or in writing by us or upon our deducting
payment for the Goods from your Credit Card in accordance with the provisions
of Clause 5.1 below.
2.3 No variation to these Conditions shall be binding upon us unless
and until agreed by email or in writing by us.
2.4 Any advice or recommendation given on this web site or otherwise
given by us or any of our employees or agents to you as to the storage,
application or use of the Goods is followed or acted upon entirely at
your own risk and, accordingly, we shall not be liable for any such
advice or recommendation.
2.5 Any typographical, clerical or other error or omission on any page
of this web site or in any sales literature, quotation, price list,
acceptance of offer, invoice or other document or information issued
by us shall be subject to correction without any liability on our part.
3. Orders
3.1 You shall be responsible for ensuring the accuracy of the terms
of any Order submitted by you, and for giving us any necessary information
relating to the Goods within a sufficient time to enable us to perform
the Contract in accordance with its terms.
3.2 The quantity, quality and description of and any specification for
the Goods shall be those set out in the relevant pages of this site.
3.3 We reserve the right to make any changes in the specification of
the Goods which are required to conform with any applicable statutory
or EC requirements or where any particular Good is unavailable to substitute
for the Goods ordered other Goods which are substantially similar in
nature and price.
4. Price
of the Goods
4.1 The price of the Goods shall be the price set out on the relevant
page of this site. We reserve the right to change the prices set out
on this site provided that if we accept an Order from you the price
for the Goods will be the price set out in the relevant range at the
time the Order is placed. 4.2 You shall be liable to pay our charges
for transport, packaging and insurance as set out on the Order Form.
4.3 The price is exclusive of any applicable value added tax, which
if appropriate you shall be additionally liable to pay to us.
5.
Terms of payment
5.1 Upon providing us with details of the Credit Card and submitting
the Order you :
5.1.1 confirm and undertake that the information contained within the
Order is true and accurate and that you are duly authorised to use the
Credit Card; and
5.1.2 authorise us to deduct from the Credit Card account the full price
of the Goods and all other payments which may become due to us under
the Contract including but not limited to delivery charges pursuant
to Clause 4.2.
5.2 Where Goods are returned by you in accordance with your rights under
the provisions of Clause 9, we shall credit the Credit Card with the
appropriate amount.
6. Delivery
6.1 The price of the Goods shall be the price set out on the relevant
page of this site. We reserve the right to change the prices set out
on this site provided that if we accept an Order from you the price
for the Goods will be the price set out in the relevant range at the
time the Order is placed. Delivery of the Goods shall be made by us
or our carrier to the address for delivery shown in the Order Form.
6.2 Whilst every effort will be made to ensure that any Goods ordered
are delivered within the period specified for delivery of such Goods
on the relevant page and subject to our obligations under the Regulations,
any dates quoted for delivery of the Goods are approximate only and
we shall not be liable for any delay in delivery of the Goods however
caused. Time for delivery shall not be of the essence of the Contract.
The Goods may be delivered by us in advance of the estimated delivery
date.
6.3 The price is exclusive of any applicable value added tax, which
if appropriate you shall be additionally liable to pay to us. The Goods
may at our discretion be delivered in instalments. Each delivery shall
constitute a separate contract and failure by us to deliver any one
or more of the instalments in accordance with these Conditions or any
claim by you in respect of any one or more instalments shall not entitle
you to treat the Contract as a whole as repudiated.
6.4 If we fail to deliver the Goods (or any instalment) for any reason
other than any cause beyond our reasonable control or your fault, and
we are accordingly liable to you, our liability shall be limited to
the price of the Goods.
6.5 If you fail to take delivery of the Goods or fail to give us adequate
delivery instructions then, without prejudice to any other right or
remedy available to us, we may cancel the Contract and refund to you
the price of the Goods less the cost of their delivery and the cost
of their being returned to us.
7. Risk
and property
7.1 Risk of damage to or loss of the Goods shall pass to you at the
time of delivery or, if you wrongfully fail to take delivery of the
Goods, the time when we or our carrier has tendered delivery of the
Goods. 7.2 Subject to the provisions of clause 9 and notwithstanding
delivery and the passing of risk in the Goods, or any other provision
of these Conditions, the property in the Goods shall not pass to you
until we have received in cash or cleared funds payment in full of the
price of the Goods.
8. Warranties
and liability
8.1 Your statutory rights are not affected by these Conditions.
8.2 Any claim by you which is based on any defect in the quality or
condition of the Goods or their failure to correspond with specification
shall (whether or not delivery is refused by you) be notified to us
within 7 days from the date of delivery or (where the defect or failure
was not apparent on reasonable inspection) within a reasonable time
after discovery of the defect or failure. If delivery is not refused
and you do not notify us accordingly, you shall not be entitled to reject
the Goods and we shall have no liability for such defect or failure
and you shall be bound to pay the price as if the Goods had been delivered
in accordance with the Contract.
8.3 Where any valid claim in respect of any of the Goods which is based
on any defect in the quality or condition of the Goods is notified to
us in accordance with these Conditions, we shall be entitled to replace
the Goods (or the part in question) free of charge or, at our sole discretion,
refund to you the price of the Goods (or a proportionate part of the
price), but we shall have no further liability to you.
8.4 EXCEPT IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE,
WE SHALL NOT BE LIABLE TO YOU BY REASON OF ANY REPRESENTATION (UNLESS
FRAUDULENT), OR ANY IMPLIED WARRANTY, CONDITION OR OTHER TERM, OR ANY
DUTY AT COMMON LAW, OR UNDER THE EXPRESS TERMS OF THE CONTRACT, FOR
ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE (WHETHER FOR LOSS
OF PROFIT OR OTHERWISE), COSTS, EXPENSES OR OTHER CLAIMS FOR COMPENSATION
WHATSOEVER (WHETHER CAUSED BY OUR NEGLIGENCE, OUR EMPLOYEES OR AGENTS
OR OTHERWISE) WHICH ARISE OUT OF OR IN CONNECTION WITH THE SUPPLY OF
THE GOODS OR THEIR USE OR RESALE BY YOU, AND OUR ENTIRE LIABILITY UNDER
OR IN CONNECTION WITH THE CONTRACT SHALL NOT EXCEED THE PRICE OF THE
GOODS, EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS. 8.5 SUBJECT
TO OUR OBLIGATIONS AND YOUR RIGHTS UNDER THE REGULATIONS, WE SHALL NOT
BE LIABLE TO YOU OR BE DEEMED TO BE IN BREACH OF THE CONTRACT BY REASON
OF ANY DELAY IN PERFORMING, OR ANY FAILURE TO PERFORM, ANY OF OUR OBLIGATIONS
IN RELATION TO THE GOODS, IF THE DELAY OR FAILURE WAS DUE TO ANY CAUSE
BEYOND OUR REASONABLE CONTROL.
9. Right
to Cancel
9.1 Subject to the provisions of Clause
9.3 you shall have a period of seven working days after the date on
which you have received the Goods to cancel the Contract and to return
the Goods to us. Subject to the provisions of Clause
9.4, you shall be responsible for payment of the direct costs in returning
the Goods to us and we shall be entitled to deduct from any refund of
the price for the Goods an amount equal to such delivery costs as are
paid by us on your behalf. 9.2 The right to cancel the Contract does
not affect any of your statutory rights.
9.3 The right to cancel the Contract does not apply in respect of any
software, audio or video recordings which you have opened.
9.4 In the event that we supply substituted Goods to you in accordance
with the provisions of Clause 3.3, your right to cancel is as set out
as above except that the cost of returning the Goods shall be borne
by us.
10.
Communications
10.1 Any communication sent electronically by email or otherwise:
10.1.1 will be deemed to have been sent once it enters an Information
System outside the control of the originator of the message;
10.1.2 will be deemed to have been received by the intended recipient
at the time that in a readable form it enters an Information System
which is capable of access by the intended recipient;
10.1.3 will be deemed to have been dispatched in the case of a business
at its principal place of business and in the case of an individual
where he or she ordinarily resides;
10.1.4 will be deemed to have been received in the case of a business
at its principal place of business and in the case of an individual
where he or she ordinarily resides.
11.
General
11.1 Any communication sent by post will be deemed received by the intended
recipient three days following mailing where sent by first class post
or five days after mailing where sent by second class post.
11.2 No waiver by us of any breach of the Contract by you shall be considered
as a waiver of any subsequent breach of the same or any other provision.
11.3 If any provision of these Conditions is held by any competent authority
to be invalid or unenforceable in whole or in part, the validity of
the other provisions of these Conditions and the remainder of the provision
in question shall not be affected.
11.4 The Contract shall be governed by the laws of England and Wales
and you agree to submit to the exclusive jurisdiction of the English
courts.
Address: Blue Angel Films Limited,
Columbia Mills,14-15 Sir John Rogerson's Quay, Dublin 2, Ireland
Telephone number: + 353 1 671 8555 Fax number: + 353 1 671 8242
Email address: beckett@tyrone-productions.ie
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