Terms & Conditions

WELCOME TO THE BLUECINETECH.CO.UK WEBSITE TERMS AND CONDITIONS FOR USE.

THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT BLUECINETECH.CO.UK, AND TO ANY TELEPHONE OR MAIL-ORDERTRANSACTIONS.

BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER ON IT, OR BY PLACING AN ORDER OVER THE TELEPHONE OR BY POST HAVING READ DETAILS OF THE GOODS AND SERVICES THAT WE OFFER ON THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.

GOVERNING LAW AND JURISDICTION - These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts. You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

This website, bluecinetech.co.uk, is operated and owned by Mr B.J.B. Smith trading as Blue CineTech.

Trading address & address to which legal documents can be served:

Blue CineTech

8 The Cedars

Banbury Road

London E9 7EA

Customer service email: service@bluecinetech.co.uk

Customer service telephone: 020 3016 2039. This number is manned only during normal business hours, which are published on our website but may be subject to change at any time. An answer-phone service is normally available should you wish to leave us a message outside of normal business hours. We will endeavour to reply to return any calls within one working day. At busy periods or due to circumstances beyond our control during the working day we may be unable to answer the telephone, but an answer-phone service will also be available, and we will endeavour to reply to return any calls within one working day.

1. INTRODUCTION

1.1 - You will be able to access most areas of this Website without registering your details with us.

1.2 - We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

2. ORDERING FROM US VIA OUR WEBSITE, BLUECINETECH.CO.UK

2.1 - You are deemed to have placed an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement by email, detailing the products and/or services you have ordered. Please note this email is an acknowledgement of your order and is not deemed to be an acceptance of your order.

2.2 - Our acceptance of an order for goods including all supply items and any “package-deal “ (as defined on our website which includes new film-stock) takes place when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order. Please note that film-processing and telecine services are specifically excluded from this clause, and are dealt with in clause 2.3 below.

2.3 – Our acceptance of an order for services (including but not limited to film-processing and telecine services) takes place when we receive the undeveloped but exposed filmstock for processing, or the developed filmstock for telecine transfer. The purchase contact will be made at the time that we receive the developed or undeveloped filmstock at out trading address which is shown above. We will send you an order acceptance notice by email, detailing the services that you have asked us to undertake, within 24 hours of our receipt of the goods to be transferred or processed.

2.3 - We may refuse to accept an order:

(a) where goods are not available, or where we cannot provide the service due to equipment malfunction etc.

(b) where we cannot obtain authorisation for your payment;

(d) if you do not meet any eligibility criteria set out in our terms and conditions.

(e) if you wish to have an order delivered to an address other than that of the registered cardholder if paying by debit or credit card. This applies to all online orders.

3. PRICING

3.1 - Our prices do not include VAT as we are not registered for VAT.

3.2 - Where we charge separately for packing, carriage and/or insurance and other relevant charges, the charges are shown as shipping fees on our website. These are estimated before the checkout process is completed, but the final amount is that which you agree to be charged when the online checkout process is completed and you confirm your acceptance of those charges. If you order by telephone, we will inform you of all relevant packing, carriage and/or insurance charges. If you send us payment by mail as a cheque, postal order or cash, or if you submit payment by bank transfer, the charges for packing, carriage and/or insurance shall be deemed to be the same as those charges published on our website at the time that we receive the order, unless we have explicitly agreed to a variation of these terms in writing either by post or by email.

4. DELIVERY POLICIES

Subject to our acceptance of your order we will dispatch all goods ordered from the website by Royal Mail 1 st Class Post by the end of the next working day after your order has been placed. If we do not have an item in stock we will contact you as soon as possible and offer you the opportunity to cancel your order. Whilst we endeavour to post goods out on the same working day that the order is placed, we do not and cannot guarantee that we will be able to do so unless we have explicitly agreed to do so either verbally by telephone or in writing. If you wish to use our film-processing or telecine services you will need to send your unexposed or developed films to our trading address as given above. Current service times are published on the appropriate webpage for all of these services. We would suggest for your own protection that you use a signed for postage service with adequate insurance to cover the value of the goods that you are sending to us, as we cannot be held responsible for any losses due to non-delivery to our trading address.

5. CANCELLATION AND RETURNS POLICY

5.1 - If you wish to cancel your order:

(a) You can notify us (by emailing shop@bluecinetech.co.uk or by telephoning us on 020 3016 2039 during normal business hours which are published on our website) before we have dispatched the goods to you. Please note that most goods are normally dispatched within 24 hours of receipt of the order being received by us, and may be dispatched within 15 minutes or less of the order being received.

(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 5.2 below.

5.2 - Customers within the UK and the EU are protected by the Consumer Protection (Distant Selling) Regulations 2000. This allows for a 7 day cancellation period after the day the goods are received by you and gives you the right to return the goods ordered and to receive a refund (less shipping or other costs incurred) within 30 days of the returned goods being received by us. We operate a "no-quibbles" guarantee for all durable goods that we supply (exceptions listed in clause 5.3 below), which means that if for any reason you are unhappy with your purchase, simply return it to us in its original and unused condition and in the original, undamaged & undefaced manufacturer's packaging within 14 days of your receipt of the goods. You must inform us of your intention to return any goods in writing either by post or by email before any returns will be accepted. We will issue a full refund for the price you paid for the item(s) within 30 days of us receiving the returned goods. The costs of returning goods to us shall be borne by you unless the item(s) were sent in error, substantively misdescribed on our website, or not of merchantable quality. We will only refund the portion of the payment noted on your invoice as being for the goods in question, not for the relevant shipping charges. If you only return part of the order, the shipping charges that will not be refunded to you shall be deemed to be equal to the charges that would have been levied had you ordered only those items that you choose to return from our website at the time that the order was placed. The provisions of this clause do not affect your statutory rights.

5.3 The provisions of clause 5.2 do not apply to sales of film-stock (as it is classed as being perishable goods) or to developing or printing services.

5.4 Sales and returns of Film-Stock – Film is a perishable item which we store in a specially designed refrigerator which maintains a temperature of below 13 degrees Centigrade. Once we have sent it out to you the conditions in which you store it are beyond our control, and so we would have no way of knowing whether it had been stored in excessively hot conditions, or whether it had been exposed to environmental damage such as that caused by X-Ray machines at airports. Consequently we will not accept returns of Film-Stock other than if the goods themselves are faulty.

5.5 Telecine and Film-processing services – Because these services are undertaken before the end of the 7 day period after we accept the order, they are not subject to cancellation rights under the Consumer Protection (Distant Selling) Regulations 2000. Please refer to clause 2.3. If you do contact us before we have started to undertake these services we will at our sole discretion return and refund your order.

5.6 - Blue CineTech is not responsible for any returned items until they are received by us according to clause 5.2 and we will notify you of receipt by email (or by post only if specifically requested). We would suggest for your own protection that you use a signed for postage service with adequate insurance to cover the cost of the returned goods.

6. LICENCE

6.1 - You are permitted to print and download extracts from this Website solely for your own personal use on the following basis:

(a) no documents or related graphics on this Website are modified in any way;

(b) no graphics on this Website are used separately from accompanying text; and

6.2 - Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 6.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

6.3 - Subject to clause 6.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

6.4 - Any rights not expressly granted in these terms are reserved.

7. SERVICE ACCESS

7.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

7.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

8. LINKS TO AND FROM OTHER WEBSITES

8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

(a) you do not remove, distort or otherwise alter the size or appearance of the bluecinetech.co.uk logo;

(b) you do not create a frame or any other browser or border environment around this Website;

(d) you do not misrepresent your relationship with us nor present any other false information about us;

8.3 You shall fully indemnify us for any loss or damage we may suffer or incur as a result of your breach of clause 8.2.

9 PRIVACY POLICY

9.1 Blue Cinetech is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

We do not collect or store any credit or debit card numbers. Our online payments take place on a secure server operated by another company which is authorised and regulated by the Financial Services Authority in the United Kingdom as an electronic money institution. We never have access to your card details.

We may collect the following information: name and job title; contact information including email address, your postal address, and your telephone number; demographic information such as postcode, preferences and interests. We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping.

• We may use the information to improve our products and services.

• We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

9.2 Security: We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

9.3 Cookies: A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

9.4 We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

9.5 You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to our trading address as given above.

10 DISCLAIMER

10.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.

10.2 The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

11. LIABILITY

11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

11.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

11.4 You agree to indemnify us fully, defend and hold us, our employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.