Terms and Conditions – Shop

movingmemoriesproductions.co.uk This website is owned and operated by Moving Memories Productions which is a trading division of Pixie Vision Limited, incorporated and registered in England with company number 06740735, whose registered office is at 4 & 5 The Cedars, Apex 12, Old Ipswich Road, Colchester, Essex CO7 7QR.

DEFINITIONS

The following definitions shall apply to the Website Terms and Conditions of Use and the Terms and Conditions of Sale.

‘Content’ – means all Media Types and Video Streaming Services shown on this Website.
‘Moving Memories Productions’, ‘us’, ‘we’, ‘our’ – means Moving Memories Productions.
‘United Kingdom’ – means England, Scotland, Wales, Northern Ireland and the Channel Islands.
‘Website’ – means the website at www.movingmemoriesproductions.co.uk.
‘Website Terms’ – means (i) the Website Terms and Conditions of Use and (ii) the Website Terms and Conditions of Sale.
‘you’ and ‘your’  –  means a user of the Website.

PLACING AN ORDER

To place an order, you must supply Moving Memories Productions with some compulsory personal information. You warrant that the personal information which you are required to provide is true, accurate, current and complete in all respects. You agree not to impersonate any other person or entity or use a false name or a name that you are not authorised to use. We shall use your personal information in accordance with our Privacy Policy.
You must be at least eighteen (18) years old to order goods on the Website and by placing an order you therefore warrant that you are at least eighteen (18) years old.

Once you have followed the ordering process on the Website and at the point you click ‘make payment’ you shall have placed an order with us. You will be sent an ‘order confirmation’ email detailing the goods you have ordered. Please note that this does not mean that your order has been accepted.

ACCEPTANCE OF YOUR ORDER

Completion of the online checkout process does not constitute acceptance by us of your offer to purchase goods from us. Our acceptance of the order will take place only when we are ready to dispatch the goods that you ordered.

Your order is an offer to buy goods from Moving Memories Productions. Nothing that we say or do (including receiving payment from you in accordance with your offer) will amount to an acceptance of that offer until we actually confirm that the goods are being dispatched.

PROMOTIONAL DISCOUNT CODES 

Moving Memories Productions may on occasion offer promotional discount codes. Valid discount codes can only be used at the time of purchase and cannot be used retrospectively. Discount codes can only be used at movingmemoriesproductions.co.uk and will be subject to the terms and conditions supplied with the discount codes.

PRICES

The prices payable for the goods that you order are clearly set out on the Website and are in GBP pounds sterling.
If charges are applicable for delivery on the goods that you order, you will be informed before your order is accepted.
All prices and offers are subject to availability and may be withdrawn or amended at the discretion of Moving Memories Productions
and at any time.

PRICING ERRORS

Every effort is made to ensure that the prices shown on the Website are correct. In the unlikely event that an error is made in the price shown on the Website, Moving Memories Productions will not be obliged to supply the goods to you at the incorrectly stated price. In these circumstances, we shall not dispatch the goods affected but will notify the correct price to you so that you can decide whether to proceed with your order at that price. If we are unable to contact you using the contact details you provided to us, we shall treat the order as cancelled after 3 days and will attempt to notify you via the email address provided at the time of order.

PRE-ORDER PRICING

Where goods are offered for sale on the Website prior to general release, the price shown for those goods is subject to change, in which case we shall contact you to advise you of the correct price and if you wish to proceed with the order.  In the event that you have already paid for a new release which we subsequently reduce in price, we shall refund you the difference between the original price and the new lower price to the original method of payment.

PAYMENT

Payment for goods and any applicable delivery charges can be made using the following methods of payment via our card providers Stripe or Pay Pal. We can accept Visa, Mastercard, JCB and Maestro.

All payments via our website shop can be made using Stripe, PayPal and Direct Bank Transfer. Full payment will be processed as soon as an order has been placed. With respect to processing any manual transactions by any other method, these will be processed by us at the point of sale or goods dispatch.

If we cannot take payment from you for whatever reason, after three (3) attempts we shall inform you and your original order will be cancelled and you will be requested to submit a new order with updated payment details or an alternative accepted payment method. We shall have no liability to you for any goods that we cannot subsequently supply or if the dispatch of pre-release goods are delayed due to your methods of payment failing.

CONTRACT CREATION

There will be no contract between you and us unless and until you receive confirmation from us by means of an ‘order dispatch’ or “Order Complete” email that confirms that the goods you have ordered are being dispatched. At that point (and not before), a contract will come into existence between you and us, for the sale by us, of the ordered goods. At any point up until then, we may decline to supply the goods to you.
If your order is dispatched in more than one package, you shall receive confirmation from us in relation to each package dispatched and each dispatch shall be concluded as a separate contract of sale between you and us.

AVAILABILITY

If we cannot supply you with the goods you have ordered for whatever reason, we will not process your order and will inform you of this via email and, if you have already paid for the goods, refund you as soon as reasonably possible by way of refund to the original method of payment and including refund of any relevant refundable delivery cost charges. We shall have no liability to you other than by way of refunding any and all monies paid by you to us for the goods we cannot supply.

DELIVERY

We shall arrange delivery of the goods to the delivery address in the United Kingdom that you nominate when you place the order. We do not deliver to addresses outside the United Kingdom. Goods may be dispatched and arrive separately.
Any delivery charges that shall apply will be shown when you place an order.
All deliveries shall be made as soon as possible after your order is processed but in any event within fourteen (14) days of us sending you an ‘order dispatch’ or “Order Complete” email.
Delivery charge refunds can only be made in accordance with your legal rights under the Consumer Rights Directive 2011/83/EC.

ONLINE STREAMING SERVICE (Single View/Lifetime View)

By placing an order for our ‘SINGLE VIEW’ video on demand service you will have 24 hours to watch the stream that you have purchased on a maximum of 3 different devices.
The time period starts from the moment you purchase the stream and is valid for 24 hours. Once this time period is up you will have the option to purchase and watch the stream again for a maximum period of 24 hours each time.

Our ‘LIFETIME VIEW’ option works on the same number of devices, but is available to watch at your convenience as many times as you wish.
We will periodically monitor the usage of these Online Streams and may archive/withdraw a production from this streaming service, in particular if our website statistics denote the stream is not being used. In this instance we would always get in touch by email to offer you a digital version replacement instead.

MEDIA SALES

Previously filmed productions are normally available to purchase on DVD/Blu-Ray or USB via our DVD Shop. These may not be at the original bulk selling price and will all be subject to postage and packaging charges.

RISK

Risk of loss and damage of the goods passes to you on the date and time when the goods are delivered to the nominated delivery address or collected from our offices at Moving Memories Productions.

DELAYS

Where the supply of goods is delayed or prevented for reasons beyond our control we will be under no liability to you for such delay.

ORDER CANCELLATION

You may cancel your order at any time before it is processed by emailing web@movingmemoriesproductions.co.uk. If the goods have not been dispatched and we have sufficient time to prevent dispatch, we will not process payment or dispatch the goods. In the event that you cancel your order too late for us to prevent dispatch, or after the goods have already been dispatched, you can refuse to take delivery so that the ordered goods are returned to us and, provided that you have not opened or damaged the ordered goods, we will refund the price paid to the original method of payment.

You are entitled to cancel your contract of an order (or part order) (under the Consumer Rights Directive 2011/83/EC) if you wish, provided that you inform us of your intention to cancel no longer than fourteen (14) days after the day on which you receive the goods or collect the goods from our registered office.

If you decide to cancel your order (or part of an order) you should contact us via email ASAP at web@movingmemoriesproductions.co.uk. to clearly advise us of your intention to cancel including details of the order (or part of an order) you wish to cancel and your full name and address. Regardless if the goods were delivered to a nominated delivery address. You should return the goods to us and at your cost within fourteen (14) days from the date you advise us you wish to cancel the order (or part order) to Moving Memories Productions, c/o Griffin Chapman, 4 & 5 The Cedars, Apex 12, Old Ipswich Road, Colchester, Essex. CO7 7QR

In the case of goods delivered to a nominated delivery address (not Moving Memories Productions) if, after contacting us to advise of your intention to cancel the order (or part order), you do not return the goods to us within fourteen (14) days from the date you informed us you wish to cancel the order, you will be deemed to have accepted the goods.

In the case of goods delivered to Moving Memories Productions for collection, if you do not collect the goods within fourteen (14) days from the date that we send you a ‘ready for collection’ email, the goods shall be returned to our dispatch team and we shall cancel the order and refund the price paid for the goods and to the original method of payment.

Please note: Our Online Streaming service is a non refundable product once purchased.

If necessary, we will consider exchanging your original product at the additional cost price of the new product. This exchange would only apply up to 14 days from delivery and if the product exchange is greater than the value of the product originally purchased.

CONDITION OF RETURNED GOODS

You must take reasonable care of the goods whilst they are in your possession and such goods must be unused and returned in the original packaging and in the same condition as they were when received by you.

• In the case of media goods (including but not limited to; compact disc, DVD and Blu-ray) any shrink-wrap and/or any other packaging must be intact.

RETURN OF GOODS CARRIAGE

If you choose to return any goods to us (including under your right to cancel), we shall not be responsible for any loss or damage to the goods while in transit and, for this reason, we recommend that you use a recorded delivery service. If returned goods are lost or damaged in transit, we reserve the right to charge you (or not to refund any monies attributable to) for such loss or damage.

REFUNDS

Once the goods are returned to us we shall refund to you, by the method that you used to pay for the original transaction, the amount in relation to the goods which the cancellation rights apply and within fourteen (14) days from the date we received the goods at our registered office address. This includes refunding the cost of delivery if you had paid any monies with regards to our least expensive standard delivery only. If you paid any delivery charges outside of our least expensive standard method of delivery, we shall not refund these costs. We may make a deduction from the refund for loss in value of any goods returned if the loss is the result of unnecessary handling by you.

WARRANTY

All goods purchased through the Website will correspond with their relevant description on the Website, and they will be of satisfactory quality and fit for non-commercial, domestic use. We do not make any other promises or warranties about the goods.

This warranty does not apply to any defect in the goods arising from (i) fair wear and tear, (ii) wilful damage, abnormal storage, accident, negligence by you or a third party, or (ii) if you fail to use or operate the goods in accordance with the usual usage for such goods or follow user instructions.

FAULTY AND DAMAGED GOODS

If you receive goods from us that are damaged upon delivery or have a manufacturer’s fault, you must email us at web@movingmemoriesproductions.co.uk including details of the order, the damage or fault and your name and address.

PASSWORD/ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account.

Moving Memories Productions shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

LIABILITY

Save in the case of death or personal injury due to the negligence of Moving Memories Productions or where we have acted fraudulently, our total liability to you for any losses suffered by you will be limited to either the amount paid by you for the purchase of the relevant product, or to the provision of a replacement of the product concerned (where the original is returned to us).

Moving Memories Productions accept no responsibility for any loss or damage caused by us (or our employees, agents or sub-contractors) where such loss is: (i) not a foreseeable result to both you and us (as at the time that you submit your order) of a breach of the relevant legal duty by us; (ii) related to a business; or, (iii) related to loss or damage to premises or property unless caused by our negligence or wilful misconduct.

The above limitations on our liability do not affect your non-excludable statutory rights as a consumer.

You are responsible for the use of products that you obtain from us. We exclude all liability to the extent permitted by law, for any costs, losses or damages resulting from or related to your use or attempted use of the products in countries outside the United Kingdom.

Except in respect of a payment obligation, neither of us will be liable to the other for any failure to perform any obligation owed to the other due to causes beyond its reasonable control, for example, industrial disputes, fire, storms, failings of the internet or public communications networks, or technical difficulties.

FORCE MAJEURE

Moving Memories Productions shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control.

INVALIDITY/SEVERANCE

If any part of these Website Terms is deemed unlawful, void or for any reason unenforceable (including any provision in which Moving Memories Productions excludes its liability to you) then that provision shall be deemed to be severable from the Website Terms and shall not affect the validity and enforceability of any other part of the Website Terms.

WAIVER

No waiver by Moving Memories Productions shall be construed as a waiver of any proceeding or succeeding breach of any provision.

OTHER LEGAL NOTICES

There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Website Terms govern your use of this Website.

COMPLAINTS

Moving Memories Productions operates a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please write to: Moving Memories Productions, c/o Griffin Chapman, 4 & 5 The Cedars, Apex 12, Old Ipswich Road, Colchester, Essex. CO7 7QR Or complete the contact us form click here.

GOVERNING LAW

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any dispute between us. By accessing this Website you agree to submit to English law. All contracts and correspondence shall be concluded in English.

ENTIRE AGREEMENT

These Website Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.

You confirm that, in agreeing to accept the Website Terms you have not relied on any representation save insofar as the same has expressly been made a term of these Website Terms and you agree that you have no remedy in respect of any representation.

These Website Terms do not affect your statutory rights as a consumer within the United Kingdom.

UPDATES TO THE WEBSITE TERMS

Moving Memories Productions reserve the right to change the Website Terms at any time. Any such change shall take effect when posted on the Website and it is your responsibility to read the Website Terms on each occasion that you use the Website and your continued use by accessing, browsing, registering with, or placing an order on the Website, shall signify your acceptance to be bound by the then current Website Terms. If you do not agree to the Website Terms in their entirety you should not use the Website.

Version: November 2023