Terms and Conditions for orders placed via this website:|
This page (together with the documents referred to on it) tells You the Conditions on which We supply any of the products (Products) listed on Our website www.FestivalOutlett.co.uk
(Our site) to You. Please read these Conditions carefully and make sure that You understand them, before ordering any Products from Our site. You should understand that by ordering
any of Our Products, You agree to be bound by these Conditions.
You should print a copy of these Conditions for future reference.
Please click on the button marked "I Accept" at the end of these Conditions if You accept them. Please understand that if you refuse to accept these Conditions, You will not be able to
order any Products from Our site.
1.1 Definitions. In these Conditions, the following definitions apply:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
Conditions: the terms and conditions set out in this document as amended from time to time in accordance with clause 23.
Contract: the contract between You and Us for the sale and purchase of the Goods in accordance with these Conditions.
Force Majeure Event: has the meaning given in clause 19.
Goods: the goods (or any part of them) set out in the Order.
Order: Your order for the Goods over Our website (detailed in clause 2), as set out in clause 5 or overleaf, as the case may be.
Us: being the supplier 360 Media Studio Ltd (registered in England and Wales with company number
5465772) including any reference to “Our” and “We”. Trading as Festival Outlet.
You: being the customer i.e. the person or firm who purchases the Goods from Us under these Conditions, including any reference to “Your”.
1.2 Construction. In these Conditions, the following rules apply:
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a party includes its personal representatives, successors or permitted assigns.
(c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision
includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
(d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the
words preceding those terms.
(e) A reference to writing or written includes faxes and e-mails.
2. Information about us
2.1 We operate the website www.FestivalOutlett.co.uk. We are 360 Media Studio Limited, a company registered in England and Wales under company number
5465772 and with
Our registered office at 19 Master Close Woodley Berks RG5 4UB. Our main trading address is at 19 Master Close Woodley Berks RG5 4UB. Our VAT number is
864 3574 00.
3. Service availability
3.1 We do not accept orders from addresses outside the UK and Channel Islands and European Union. Our site is only intended for use by people resident in the
United Kingdom and member states of the EU. We do not accept orders from individuals outside those countries.
4. Your status
By placing an order through Our site, You warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old.
5. How the contract is formed between you and us
5.1 These Conditions apply to the Contract to the exclusion of any other terms that You seek to impose or incorporate, or which are implied by trade, custom,
practice or course of dealing.
5.2 These Conditions constitute the entire agreement between You and Us. You acknowledge that You have not relied on any statement, promise or representation made or
given by or on behalf of Us which is not set out in theses Conditions.
5.3 Any samples, drawings, descriptive matter, or advertising produced by Us and any descriptions or illustrations contained in Our catalogues or brochures are produced
for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or have any contractual force.
5.4 After placing an Order, You will receive an e-mail from Us acknowledging that We have received Your Order. Please note that this does not mean that Your order has
been accepted. Your Order constitutes an offer to Us to buy a Product. All Orders are subject to acceptance by Us, and We will confirm such acceptance to You by sending You an e-mail
that confirms that the Product has been dispatched (Dispatch Confirmation). The Contract between You and Us will only be formed when We send You the Dispatch Confirmation.
5.5 The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products
which may have been part of Your Order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
6. Our status
6.1 Please note that in some cases, We accept orders as agents on behalf of third party sellers. The resulting legal contract is between You and that third party seller,
and is subject to the Conditions of that third party seller, which they will advise You of themselves. You should carefully review their Conditions applying to the transaction.
6.2 We may also provide links on Our site to the websites of other companies, whether affiliated with Us or not. We cannot give any undertaking that products
You purchase from third party sellers through Our site, or from companies to whose website We have provided a link on Our site, will be of satisfactory quality, and any such
warranties are DISCLAIMED by Us absolutely. This DISCLAIMER does not affect Your statutory rights against the third party seller. If You would like information about Your legal
rights You should contact Your local trading standards or citizens advice bureaux. We will notify You when a third party is involved in a transaction, and We may disclose Your personal
information related to that transaction to the third party seller.
7. Consumer rights
7.1 If You are contracting as a consumer, You may cancel a Contract at any time within seven working days, beginning on the day after You received the Products.
In this case, You will receive a full refund of the price paid for the Products in accordance with Our refunds policy (set out in clause 13below).
7.2 To cancel a Contract, You must inform Us in writing. You must also return the Products to Us as soon as reasonably practicable, and at Your own cost.
You have a legal obligation to take reasonable care of the Products while they are in Your possession. If You fail to comply with this obligation, We may have a right of action
against You for compensation.
7.3 Details of Your statutory right of cancellation, and an explanation of how to exercise it, are provided on our website. This provision does not affect Your other
statutory rights as a consumer.
8. Availability and delivery
8.1 We shall ensure that each delivery of the Goods is accompanied by a delivery note which details the Order, both Your and Our relevant reference numbers,
the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by
instalments, the outstanding balance of Goods remaining to be delivered.
8.2 We shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after We notify
the You that the Goods are ready.
8.3 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location.
8.4 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We shall not be liable for any delay in delivery of the Goods
that is caused by a Force Majeure Event or Your failure to provide Us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
8.5 If We fail to deliver the Goods, Our liability shall be limited to the costs and expenses incurred by You in obtaining replacement goods of similar description
and quality in the cheapest market available, less the price of the Goods. We shall have no liability for any failure to deliver the Goods to the extent that such failure is caused
by a Force Majeure Event or Your failure to provide the Us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
8.6 If You fail to accept delivery of the Goods within three Business Days of Us notifying You that the Goods are ready, then, except where such failure or delay
is caused by a Force Majeure Event or Our failure to comply with its obligations under the Contract:
(a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day after the day on which We notified You that the Goods were ready; and
(b) We shall store the Goods until delivery takes place, and charge You for all related costs and expenses (including insurance).
8.7 If 10 Business Days after the day on which We notified You that the Goods were ready for delivery and You have not accepted delivery of them, We may resell or
otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to You for any excess over the price of the Goods or charge You for
any shortfall below the price of the Goods.
8.8 We may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Contract. Any delay in
delivery or defect in an instalment shall not entitle You to cancel any other instalment.
8.9 Your Order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the
date of the Dispatch Confirmation, unless there are exceptional circumstances.
9.1 We warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall:
(a) be free from material defects in design, material and workmanship; and
(b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(c) be fit for any purpose held out by Us.
9.2 Subject to clause 9.3, if:
(a) You give notice in writing to Us during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set
out in clause 9.1; and
(b) We are given a reasonable opportunity of examining such Goods; and
(c) You (if asked to do so by Us) return such Goods to Our place of business at the Your cost,
We shall, at Our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
9.3 We shall not be liable for Goods' failure to comply with the warranty set out in clause 9.1in any of the following events:
(a) You make any further use of such Goods after giving notice in accordance with clause 9.2;
(b) the defect arises because You failed to follow Our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the
Goods or (if there are none) good trade practice regarding the same;
(c) You alter or repair such Goods without the written consent of Us;
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
(e) the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
9.4 Except as provided in this clause 9, We shall have no liability to You in respect of the Goods' failure to comply with the warranty set out in clause 9.1.
9.5 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law,
excluded from the Contract.
9.6 These Conditions shall apply to any repaired or replacement Goods supplied by Us.
10. Title and risk
10.1 The risk in the Goods shall pass to You on completion of delivery.
10.2 Title to the Goods shall not pass to the You until We have received payment in full (in cash or cleared funds) for:
(a) the Goods; and
(b) any other goods or services that We have supplied to You in respect of which payment has become due.
10.3 Until title to the Goods has passed to You, You shall:
(a) hold the Goods on a fiduciary basis as the Our bailee;
(b) store the Goods separately from all other goods held by You so that they remain readily identifiable as the Our property;
(c) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods;
(d) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;
(e) notify Us immediately if it becomes subject to any of the events listed in clause 11; and
(f) give Us such information relating to the Goods as We may require from time to time, but You may resell or use the Goods in the ordinary course of Your business.
10.4 If before title to the Goods passes to You and You become subject to any of the events listed in clause 11, or We reasonably believe that any such event is
about to happen and We notify You accordingly, then, provided that the Goods have not been resold, or irrevocably incorporated into another product, and without limiting any
other right or remedy We may have, We may at any time require You to deliver up the Goods and, if You fail to do so promptly, enter any premises You operate or of any third party
where the Goods are stored in order to recover them.
11. Customer's insolvency or incapacity
11.1 If You become subject to any of the events listed in clause 11.2, or We reasonably believe that You are about to become subject to any of them and notify You
accordingly, then, without limiting any other right or remedy available to Us, We may cancel or suspend all further deliveries under the Contract or under any other contract
between the You and Us without incurring any liability to You, and all outstanding sums in respect of Goods delivered to You shall become immediately due.
11.2 For the purposes of clause 11.1, the relevant events are:
(a) You suspend, or threaten to suspend, payment of Your debts, or are unable to pay Your debts as they fall due or admit inability to pay Your debts,
or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to
pay Your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has
any partner to whom any of the foregoing apply;
(b) You commence negotiations with all or any class of Your creditors with a view to rescheduling any of Your debts, or make a proposal for or enters into
any compromise or arrangement with Your creditors;
(c) (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of You,
other than for the sole purpose of a scheme for a solvent amalgamation of You with one or more other companies or the solvent reconstruction of You;
(d) (being an individual) You are subject of a bankruptcy petition or order;
(e) a creditor or encumbrancer of You attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on
or sued against, the whole or any part of Your assets and such attachment or process is not discharged within 14 days;
(f) (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an
administrator is given or if an administrator is appointed over You;
(g) (being a company) a floating charge holder over Your assets has become entitled to appoint or has appointed an administrative receiver;
(h) a person becomes entitled to appoint a receiver over the Your assets or a receiver is appointed over the Your assets;
(i) any event occurs, or proceeding is taken, with respect to You in any jurisdiction to which You are subject that has an effect equivalent or similar to
any of the events mentioned in clause 11.2(a)to clause 11.2(h)(inclusive);
(j) You suspend, threaten to suspend, cease or threaten to cease to carry on all or substantially the whole of Your business;
(k) Your financial position deteriorates to such an extent that in Our opinion Your capability to adequately fulfil Your obligations under the Contract has
been placed in jeopardy; and
(l) (being an individual) You die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing Your own affairs or
become a patient under any mental health legislation.
11.3 Termination of the Contract, however arising, shall not affect any of the parties' rights and remedies that have accrued as at termination.
Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
12. Price and payment
12.1 The price of the Products and Our delivery charges will be as quoted on Our site from time to time, except in cases of obvious error.
12.2 Product prices include VAT. However, if the rate of VAT changes between the date of Your order and the date of delivery, We will adjust the VAT you pay,
unless You have already paid for the Products in full before the change in VAT takes effect.
12.3 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which We have already sent You a
12.4 Our site contains a large number of Products and it is always possible that, despite Our best efforts, some of the Products listed on Our site may be
incorrectly priced. We will normally verify prices as part of Our dispatch procedures so that, where a Product's correct price is less than Our stated price, We will
charge the lower amount when dispatching the Product to You. If a Product’s correct price is higher than the price stated on Our site, We will normally, at Our
discretion, either contact You for instructions before dispatching the Product, or reject Your order and notify You that We are rejecting it.
12.5 If the pricing error is obvious and unmistakeable and could have reasonably recognised by You as an error, We do not have to provide the Products to You at
the incorrect (lower) price.
12.6 Payment for all Products must be by PayPal, Bank Transfer, credit or debit card.
13. Our refunds policy
13.1 If You return a Product to Us:
(a) because You have cancelled the Contract between Us within the seven-day cooling-off period (see clause 7.1above), We will process the refund due to You as soon
as possible and, in any case, within 30 days of the day on which You gave Us notice of cancellation. In this case, We will refund the price of the
Product in full, and any applicable delivery charges. However, You will be responsible for the cost of returning the item to Us.
(b) for any other reason (for instance, because You have notified Us in accordance with clause 23 that You do not agree to a change in these Conditions or in
any of Our policies, or because You consider that the Product is defective), We will examine the returned Product and will notify You of Your refund via e-mail within a
reasonable period of time. We will usually process the refund due to You as soon as possible and, in any case, within 30 days of the day We confirmed to You via e-mail
that You were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs You incur in returning
the item to Us.
13.2 We will usually refund any money received from You using the same method originally used by You to pay for Your purchase.
14. Our liability
14.1 Subject to clause 14.3, if We fail to comply with these Conditions, We shall only be liable to You for the purchase price of the Products and, subject to clause 14.2,
any losses that You suffer as a result of Our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable
consequence of such failure.
14.2 Subject to clause 14.3, We will not be liable for losses that result from Our failure to comply with these Conditions that fall into the following categories even
if such losses result from Our deliberate breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of anticipated savings;
(e) loss of data; or
(f) waste of management or office time.
However, this clause 14.2will not prevent claims for loss of or damage to Your physical property that are foreseeable or any other claims for direct loss that are not
excluded by categories (a) to (f) inclusive of this clause 14.2.
14.3 Nothing in this agreement excludes or limits Our liability for:
(a) death or personal injury caused by Our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any deliberate breaches of these Conditions that would entitle You to terminate the Contract; or
(f) any other matter for which it would be illegal for Us to exclude or attempt to exclude Our liability.
14.4 Where You buy any Product from a third party seller through Our site, the seller's individual liability will be set out in the seller's Conditions.
15. Import duty
15.1 If You order Products from Our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches
the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict
their amount. Please contact Your local customs office for further information before placing Your order.
15.2 Please also note that You must comply with all applicable laws and regulations of the country for which the products are destined.
We will not be liable for any breach by You of any such laws.
16. Written communications
Applicable laws require that some of the information or communications We send to You should be in writing. When using Our site, You accept that communication with Us will be
mainly electronic. We will contact You by e-mail or provide You with information by posting notices on Our website. For contractual purposes, You agree to this electronic
means of communication and You acknowledge that all contracts, notices, information and other communications that We provide to You electronically comply with any legal
requirement that such communications be in writing. This condition does not affect Your statutory rights.
All notices given by You to Us must be given to 360 Media Studio Limited at 19
Master Close Woodley Berks RG5 4UB. We may give notice to You at either the
e-mail or postal address You provide to Us when placing an order, or in any of the ways specified in clause 16above. Notice will be deemed received and properly served immediately
when posted on Our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient
to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the
specified e-mail address of the addressee.
18. Transfer of rights and obligations
18.1 The Contract between You and Us is binding on You and Us and on Our respective successors and assignees.
18.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of Your rights or obligations arising under it, without Our prior written consent.
18.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of Our rights or obligations arising under it, at any time during the
term of the Contract.
19. Events outside our control
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under a Contract that is caused by events outside
Our reasonable control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes in particular (without limitation) the
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) impossibility of the use of public or private telecommunications networks;
(f) the acts, decrees, legislation, regulations or restrictions of any government; and
(g) pandemic or epidemic.
19.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for
performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under
the Contract may be performed despite the Force Majeure Event.
20.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of Your obligations under the Contract or any of these Conditions,
or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not
relieve You from compliance with such obligations.
20.2 A waiver by Us of any default will not constitute a waiver of any subsequent default.
20.3 No waiver by us of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with
If any court or competent authority decides that any of the provisions of these Conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent,
the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
22. Entire agreement
22.1 These Conditions and any document expressly referred to in them constitute the whole agreement between Us and supersede all previous discussions, correspondence,
negotiations, previous arrangement, understanding or agreement between Us relating to the subject matter of any Contract.
22.2 We each acknowledge that, in entering into a Contract, neither of Us relies on, or will have any remedies in respect of, any representation or warranty
(whether made innocently or negligently) that is not set out in these Conditions or the documents referred to in them.
22.3 Each of Us agrees that Our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently)
will be for breach of contract.
22.4 Nothing in this clause limits or excludes any liability for fraud.
23. Our right to vary these Conditions
23.1 We have the right to revise and amend these Conditions from time to time.
23.2 You will be subject to the policies and Conditions in force at the time that You order products from Us, unless any change to those policies or these Conditions
is required to be made by law or governmental authority (in which case it will apply to orders previously placed by You), or if we notify You of the change to those policies or
these Conditions before we send You the Dispatch Confirmation (in which case we have the right to assume that You have accepted the change to the Conditions, unless You notify Us
to the contrary within seven working days of receipt by You of the Products).
24. Third party rights
A person who is not party to these Conditions or a Contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
25. Law and jurisdiction
Contracts for the purchase of Products through Our site and any dispute or claim arising out of or in connection with them or their subject matter or formation
(including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation
(including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.