PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING YOUR ORDER AND RETAIN A COPY FOR FUTURE REFERENCE
1. Format of the Contract
1.1 These terms of sale apply to all products supplied by BRITISH FILM INSTITUTE (BFI) (the "Supplier").
1.2 No contract exists between you and the Supplier for the sale of any products until the Supplier has received and accepted your order.
1.3 An acceptance of your offer to buy the products will be sent shortly after your order. However, we do have the right to terminate the contract in the event that the products are unavailable, incorrectly priced or cleared funds are not received.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms and conditions of sale without notice to you in relation to future sales.
2. Description and Price of the Goods
2.1 The description and price of the products you order will be as shown on the Supplier's website at the time you place your order.
2.2 All our prices include all applicable taxes
2.3 Every effort is made to ensure that prices shown on the Supplier's website are accurate at the time you place your order. If an error is found within 14 days of accepting your order, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order. If the Supplier does not receive an order confirmation within 14 days of informing you of the error, the order will be cancelled automatically. If you cancel the order, or if the order is cancelled automatically due to the expiry of the 14 day period, the Supplier will refund or re-credit you for any sum that has been paid by you or debited from your credit card for the products.
2.4 BRITISH FILM INSTITUTE (BFI) reserve the right to cancel the contract with our customers at any time due to insufficient stock to deliver the products ordered. If we do cancel then you will be notified by email and any amount debited from your credit or debit card will be re-credited within 30 days of order. We are not required to provide any compensation.
3.1 Payment for the products can be made by any method shown on the Supplier's website at the time you place your order. Payment shall be due before the delivery of the products.
3.2 All credit and debit card payments will be processed by the Protx Secure Online Payment Gateway. At no time are customer credit or debit card details stored by the Supplier during the online transaction process.
3.3 There will be no delivery until cleared funds are received.
4.1 The products you order will be delivered to the address you give when you place your order.
4.2 We deliver products worldwide.
4.3 If delivery cannot be made to your address for reasons under the Supplier's control the Supplier will inform you as soon as possible.
4.4 If you deliberately fail to take delivery of the products (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may store the products until actual delivery and charge you for reasonable costs (including insurance) of storage.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the products. On exercising your right to cancel you shall be required to return the products to the Supplier. Should you fail to return the products, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the products as a result of such failure.
4.6 Every effort will be made to deliver the products as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
5. Risk / Title
5.1 The products are at your risk from the time of delivery.
5.2 Ownership of the products shall not pass to you until the Supplier has received in full (in cash or cleared funds) all sums due to it in respect of:-
5.2.1 the products, and
5.2.2 all other sums which are or which become due to the Supplier from you on any account.
5.3 The Supplier shall be entitled to recover payment for the products even though ownership of any of the products has not passed from the Supplier.
6. Your Right of Cancellation
6.1 Our returns period is 14 days from despatch and any products should be returned within this period. We will only offer a refund or exchange of products provided they are returned unused and unmarked and are in the original packaging.
Please enclose a copy of the invoice with the item you are returning, stating the reason for return and whether you require an exchange or refund. Please note that we do not refund delivery costs. Please pack your item(s) in suitable packaging and return the parcel to us at:
BFI Shop, Belvedere Road, South Bank, London SE1 8XT
For customer security, we recommend you obtain a Proof of Posting Certificate (available from the Post Office) for all returns. You should keep this until you have received your exchange or refund. We will make a refund or exchange once we have received the products, we do not accept any liability for products returned.
6.2 If you believe your products to be faulty, please return the item to us together with a copy of your invoice with a note explaining what you believe the fault to be with the products. When we receive the item, we will investigate the fault and contact you to agree the most appropriate resolution.
6.3 We want you to be 100% satisfied and that is why we offer a 14 day refund policy. In line with the United Kingdom's Distance Selling Regulations 2000 (http://www.hmso.gov.uk/si/si2000/20002334.htm), you have the right to cancel your order within 7 working days of placing your order.
In the case that the products have not already been despatched, we will credit any sum debited to your credit or debit card.
If the products have already been dispatched you must return the products without unpacking them to us at soon as possible at your own expense. Once we have received your notification of cancellation and the returned products, we will credit to your credit or debit card any sum debited within 30 days of receipt of your products being returned.
If we do not receive the products back from you, we may arrange for collection of the products from the delivery address provided and are entitled to deduct the direct costs of recovery from the amount to be re-credited to you within 30 days after we receive your notification.
7.1 All products are warranted free from defects at the date of supply. This does not affect your statutory rights.
7.2 This warranty does not apply to any defect in the products arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier or failure to follow the Supplier's instructions.
7.3 If the products supplied to you are damaged on delivery, you should notify the Supplier in writing via the Contact Us page of the website within 14 days.
8. Limitation of Liability
8.1 Subject to 8.2 below, the Supplier shall not be liable to you for any loss or damage in circumstances where:
8.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
8.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
8.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
8.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Supplier's negligence or fraudulent misrepresentation.
9. Data Protection
9.1 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorized access to information supplied by you.
10.1 Product images are for illustrative purposes only and may differ from the actual product.
11. Third Party Service Providers
From time to time we employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders for products or services, delivering packages, sending mail and processing payments. These third-party service providers only have access to personal information needed to perform their specific function and may not use it for other purposes. Further, they must process the personal information in accordance with the BFI Privacy Notice and as permitted by applicable data protection laws.
These terms of sale and the supply of the products will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, save that consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.