TERMS AND CONDITIONS
Version: Number 5.3
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 any website owned or operated by Moving Memories Productions
‘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 and or our Services.
GENERAL TERMS AND CONDITIONS
Moving Memories Productions reserve the right to change the Terms and Conditions at any time, any such change shall take effect when posted on the Website.
Should you engage with us and order any goods or services or by use of this website, verbally, by phone, email or any other means then these terms will apply.
It is your responsibility to read the Terms and Conditions on each occasion that you purchase goods, services or use the Website and this will signify your acceptance to be bound by the then current Terms and Conditions.
If you do not agree to these Terms and Conditions in their entirety you should not use the Website or purchase any Goods/Services.
All products are sold on the basis that they are for personal, domestic use only and may be encrypted to prevent copying.
We shall not be responsible to you whether in contract or otherwise for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business,
third party claims, pure economic loss arising out of or in connection of the performance or non performance of our obligations under these terms and conditions including such damage as may be reasonably foreseeable
at the date you order the goods or services.
Our liability for any claim for loss or damage shall be limited to the sum paid by you for the goods or services.
There are links on our website to third party websites which we believe may be of interest to you. We do not have any control over the content of these websites nor can we be liable in respect of anything contained on these websites.
These terms and conditions govern the entire trading relationship between you, the affiliate school and ourselves and will remain in force for the duration of the said trading relationship.
OWNERSHIP
This website movingmemoriesproductions.co.uk 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.
All rights in this website are owned by us. Any unauthorised use, copying or modification is prohibited.
COPYRIGHT
We are the operators of this website, and the contents of it are either our property (or that of our affiliated companies) or are used under licence from our suppliers. We are the owners of the compilation of information in this website.
Our rights, and those of our affiliates and suppliers, are protected by UK, European, and International intellectual property laws, including those for the protection of copyrights, trademarks, and database rights. Misuse of this website may incur civil liability or attract criminal sanctions.
We grant you a limited, non-exclusive and revocable licence to access our website for the purposes of browsing our (or our affiliates) products, ordering goods or services from us (or our affiliates), or obtaining contact information for us (or our affiliates).
Your licence to access our website does not extend to any commercial use of our website, or to any use of our website whatsoever which is for the benefit of any commercial entity other than us (or our affiliates).
You are expressly not permitted to download any part of our site (other than by reason of automatic page caching), to amend or modify it or any part of it, to reproduce or copy, sell (including any resale), or otherwise exploit our website (or any part of it) for any purpose other than as set out above, nor are you permitted to frame our website or to link to any element of it other than the homepage.
You are permitted to link to our homepage, provided that the link is not misleading, false, derogatory, or otherwise prejudicial to our (or our affiliates) suppliers interests, but you are expressly not permitted to use any of our logos or graphics either as or in connection with such a link.
Reproduction, copy, or transmission of Moving Memories Productions / Video Products or those of its affiliates may not be made without written permission in accordance with the provisions of the Copyright Act 1988.
Any person who does any unauthorised act in relation to these products may be liable to criminal prosecution and civil claims for damages.
All intellectual property rights (including use of trade marks) shall be solely owned by us. You are permitted only to use material as expressly authorised by us or our licensors.
Any unauthorised use of material on this site is strictly prohibited.
We will endeavour to verify the accuracy of any product or pricing information which we place on the site but we make no warranties (whether express or implied) in relation to the accuracy of such information).
These Terms and Conditions supersede all previous Terms and Conditions, representations, undertakings and agreements.
FILMING SERVICES
Our production filming service is based on a guaranteed minimum order value as currently advertised on our website plus any additional travelling costs and expenses.
If our minimum order value is not met, then we will require your school/company to pay any outstanding balance due including any additional travelling costs and expenses.
The first 120 miles of travelling is included free of charge unless otherwise stated. Any additional mileage, parking charges and tolls may be chargeable and would be invoiced to your school / company on final completion.
BOOKING ENQURIES
On receipt of a booking enquiry Moving Memories Productions undertakes to contact you by phone or email and will only confirm your booking subject to availability and agreement to our Terms & Conditions.
Bookings will be confirmed by us in writing or by email.
Upon responding to your enquiry, Moving Memories Productions, cannot be held responsible for the delivery of this email to the user’s mailbox, so please ensure you check your junk or spam folder for any incoming mail.
PAYMENT
All prices quotes are in UK Pounds (GBP) unless stated otherwise.
METHODS AND TERMS OF PAYMENT
BACS payments: Service payments by BACS, Full payment details can be found on our invoice which will be sent on completion of work.
Goods payments by BACS on our website, payment details will be provided on our emailed order advice note, payment must be completed within three days of placing an order otherwise your order maybe cancelled.
Website payments are handled via Authorised Third Party Payment Providers.
Cash & Cheque: We will accept cash & cheques. Cheques would need to be made payable in GBP to ‘Pixie Vision Limited’. (Please note: Moving Memories Productions is a trading division of Pixie Vision Limited).
Payments in foreign currencies will not be accepted.
Over-Payments & Under-Payments
Should your order be underpaid we will continue with your order and contact you for further payment.
Over-payments of £2.00 or less will NOT be refunded due to handling costs.
DELIVERY
Final bulk delivery of our filming package(s) is included free of charge to your school / dance School unless otherwise stated.
Delivery of orders placed directly on our website to individual addresses will have postage charges included this applies when we are selling and distributing each individual order direct to the end user, you will be notified in advance of the total product unit selling cost including postage and packaging.
Whilst we make every effort to deliver goods within the time-frame we specify, we cannot guarantee delivery on a specific day or accept liability for deliveries made outside this timescale.
This also applies to products sent via the affiliate schools and those where affiliate schools have requested preview copies prior to distribution.
We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.
Delivery charge refunds can only be made in accordance with your legal rights under the Consumer Rights Directive 2011/83/EC
SERVICES CANCELLATION
A cancellation fee is payable should your event or booking be cancelled.
If the Client cancels a booking/contract within 28 days [of the date of filming] the Client must pay 25% of our current advertised minimum filming costs.
If the Client cancels a booking/contract within 14 days [of the date of filming] the Client must pay 50% of our current advertised minimum filming costs.
If the Client cancels a booking/contract within 5 days [of the date of filming] the Client must pay 75% of our current advertised minimum filming costs.
Any deposits taken at the time of booking are non-refundable unless more than 50% has been paid upfront and your event has been cancelled with more than 28 days notice.
GOODS CANCELLATION
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.
Please note: Our Online Streaming service and digital downloads are a non refundable product once purchased .You may cancel your order at any time before it is processed by emailing web@movingmemoriesproductions.co.uk.
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
If 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.
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.
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 providing that you have not opened or damaged the ordered goods, we will refund the unit price paid (excluding any delivery costs) to the original method of payment.
POST PRODUCTION SERVICES
Editing of customers own material is charged on an hourly basis of £35.00 per hour or part thereof.
To provide a short showreel or video trailer for your own social media/website purposes it must be agreed with the use of time-codes what we are to include/exclude in the final edit. (this service may be subject to additional costs).
ORDERING GOODS
All orders placed by any means will be subject to our and/or our relevant affiliates acceptance of the order.
When you submit an order to us you will receive a confirmation email confirming the details of your order. You should check this email for accuracy and let us know immediately if there are any errors.
This email does not constitute acceptance of the order by us. Your order will be accepted by us when we dispatch the goods to you or to your affiliate school for distribution to you (as per agreement with the affiliate school).
Title of the goods will pass to you on delivery.
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.
ONLINE STREAMING SERVICE
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 again.
Our ‘LIFETIME VIEW’ option is available to watch at your convenience as many times as you wish for the lifetime of the product on a maximum of 3 devices The device list is refreshed on a 3 month rotation.
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 will contact you three months prior to withdrawal by email to the email address of the registered account to offer you a digital version replacement instead.
DIGITAL DOWNLOAD
It is your responsibility to ensure that you have downloaded your product and stored the file in a safe place as this download may be removed after the date stated to you on ordering.
If required at a later date and at our discretion we may be able to supply you with a replacement copy but this may incur additional charges.
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.
Should you wish to cancel your order or return any goods, please phone or email us for further information.
Whilst it is our intention to keep our website and information up to date and error free, product description or pricing errors may occur.
If we discover such an error after you have submitted an order to us, we will contact you prior to processing your order with the correct details.
You may then either cancel your order or re-confirm it based on the correct information. If we are unable to contact you, we will treat your order as cancelled.
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 to the original method of payment the difference between the original price and the new lower price.
Pre-Paid Show Vouchers and Digital Download Advice notes are non transferable and cannot be refunded or redeemed for any other product.
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.
CONTRACT CREATION
There will be no contract between you and us unless and until you receive confirmation from us by means of a School confirmation of booking, or via 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 or services. At any point up until then, we may decline to supply the goods or service 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 or service you have ordered for whatever reason, we will not process your order and will inform you of this via email. If you have already paid for the goods, we will refund you as soon as reasonably possible to the original method of payment, including any relevant 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 or service we cannot supply.
RETURNS AND REFUNDS POLICY
Online Streams and Digital Download Products are non returnable or refundable items.
USB purchases will only be refunded if the USB media is returned to moving memories productions and the item is found to be mechanically faulty.
We use the most commonly compatible type of DVD Discs and Blu-ray Discs However, there is a very small percentage of DVD/Blu-ray players & PC DVD Drives that may not be compatible with this disk format and cannot play them.
Please note that ALL of our disk media is finalised upon completion.
In the instance that a DVD fails to play please refer to our FAQ’s.
Any physical media item found not to play on the appropriate device (DVD or Blu-ray Player, Laptop or Desktop Computer can be returned for checks and fault diagnosis at Moving Memories Productions.
We reserve the right to refuse to replace returned Discs or other media formats found to be in any state other than that in which it left Moving Memories Productions.
Should you feel that you may be entitled to a refund you must contact us within 7 or 14 days of receiving your product(s). This must be via email, phone, website contact page or in writing. (This refund will be subject to a re-stocking charge).
Our faulty goods exchange policy is valid for 28 days from the receipt of any individual product being delivered to the school for distribution or 14 days being delivered direct to the individual ordering on a like for like basis.
Any deemed faulty product(s) must be returned to us in the same state they were received i.e. as new with no obvious scratches or cosmetic damage. Should your product be returned to us damaged then we would have to pass on the cost price of this unit in order to replace this for you, which will include full postage and packaging.
Any faulty goods must be returned to our registered office address: Moving Memories Productions, c/o Griffin Chapman 4 & 5 The Cedars, Apex 12, Old Ipswich Road, Colchester, Essex. CO7 7QR.
All postage and delivery charges are the responsibility of the customer.
MONEY BACK GURANTEES
Any “Money Back Guarantees” if made, exclude any incurred delivery charges both inwards and outwards unless stated otherwise.
Any product returned to us for a refund will be subject to a £3.00 re-stocking charge.
DISCLAIMERS
Moving Memories Productions will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this Agreement.
WARRANTY
All goods purchased will correspond with their relevant description on any electronic, printed material or on the Website, and they will be of satisfactory quality fit for non-commercial, domestic use only.
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 and 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.
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 or utilising our services you agree to submit to English law. All contracts and correspondence shall be concluded in English.
ENTIRE AGREEMENT
These 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 these Terms you have not relied on any representation save insofar as the same has expressly been made a term or condition and you agree that you have no remedy in respect of any representation.
These Terms and conditions do not affect your statutory rights as a consumer within the United Kingdom.