Terms and Conditions (Consumer)

Please read all these terms and conditions.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 07400 252090.


 

Application

  1. These terms and conditions will apply to the purchase of the services and goods by you (the Customer or you). We are VR Memories Ltd a company registered in England and Wales under number 11665895 whose registered office is Flat 4 Mole View, Brittain Road, Hersham, Walton on Thames, Surrey KT12 4LR with email address info@vrmemories.uk; telephone number 07400 252090; (the Supplier or us or we).

  2. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.


 

Interpretation

  1. Consumer means an individual acting for purposes which wholly or mainly outside his or  her trade, business, craft or profession;

  2. Contract means a legally-binding agreement between you and us for the supply of the Services;

  3. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied as set out in the Order;

  4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

  5. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;

  6. Order means the Customer’s order for the Services of from the Supplier as submitted following the step by step process set out on the Website;

  7. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

  8. Services means the services advertised on the Website (such as a video production/recording activity etc.), including any Goods, of the number and description set out in the Order;

  9. Website means our website vrmemories.uk on which the Services are advertised.


 

Services

  1. The description of the Services and any Goods is as set out in the Website, catalogues, brochures or any other form of advertisement. Any description is for illustrative purposes only.

  2. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

  3. All Services which appear on the Website are subject to availability.

  4. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.





 

Customer responsibilities


 

  1. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).

  2. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

  3. Clear access for photography, video and sound capture shall be arranged and managed by the Customer. If filming venues are being organised by the Customer, it is the Customer’s responsibility to ensure that our production personnel have clear access to all relevant locations required.

  4. It is the Customer’s responsibility to obtain all necessary permissions including but not limited to performances, branding, trademarked goods and logos, use of intellectual property, imagery, sound recordings and any other copyrighted material which will form part of the final video production.

  5. Where copyrighted material is provided by the client for incorporation into a Service, it is the Customer’s responsibility to obtain permission from the original copyright owner or from the material provider.

  6. A full production brief must be signed off by the Client before a Service (such as production work) begins.


 

Creative Brief


 

  1. Unless otherwise agreed, the Customer accepts the Supplier’s decisions on creativity within the Services.


 

Copyright

  1. The Supplier asserts its full rights as copyright owner of all material that has been captured, processed and/or produced by us, whether or not such material forms part of a finished project.

  2. The Customer undertakes to indemnify the Supplier against any future possible claims, disputes, expenses or costs arising from the use of copyrighted material, without time limit, where the copyrighted material was provided by the Customer to the Supplier to be incorporated into the final production.


 

Personal information


 

  1. We retain and use all information strictly under the Privacy Policy.

  2. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.


 

Basis of Sale


 

  1. The description of the Services and any Goods in our website does not constitute a contractual offer to sell the Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

  2. The Order process is set out on our Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

  3. A Contract will be formed for Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.

  4. Any quotation or estimate of Fees (as defined below) is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time.

  5. No variation of the Contract, whether about description of the Services, Fees, or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

  6. We intend that these Terms and Conditions apply only to Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.


 

Fees and Payments


 

  1. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed price or on a standard daily rate basis.

  2. Fees and charges do not include VAT as the Supplier is not VAT registered.

  3. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or or otherwise before delivery of the Services.


 

Delivery


 

  1. We will deliver the Services, including any Goods, by the time or within the agreed period or, failing any agreement:

    1. in the case of Services, within reasonable time. 

  2. In any case, regardless of event beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges

  3.  In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at the end if:

    1. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time of the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or

    2. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

    3. If you treat the Contract at the end, we will (in addition to other remedies) promptly return all payments made under the Contract.

    4. If you were entitled to treat the Contract at the end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the cost of this.

    5. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept a delivery outside of that area, you may need to pay import duties or other taxes, as we will not pay them.

Risk and Title


 

  1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

  2. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy we can choose, by notice to cancel any delivery and any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.


 

Withdrawal returns and cancellation


 

  1. You can withdraw the Order by telling us before the contract is made, if you simply wish to change your mind and without giving us any reason and without any liability.

  2. You can cancel the Contract except for any Goods are made to your special requirements by telling us no later than 14 days after the Contract was made, if you simply wish to change your mind and without giving us any reason and without any liability, except in that case, you must return any of our business premises the Goods in undamaged condition at your expense. Then we must without any delay refund to you the price for those Goods and Services which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for cancellation is any defective Goods or Services. This Returns Right is different and separate from the Cancellation Rights below.

  3. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods and services(with no others) in the following circumstances:

    1. goods that are made to your specification or are clearly personalised;

Right to cancel

  1. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

  2. In a contract for the supply of services only (without goods), the cancellation period will expire 14 days from the day the Contract was entered into.

  3. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision(e.g. a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence when the cancellation was made, so you may decide to use the model cancellation form.

  4. You can also electronically fill in and submit the model cancellation form or any other clear statement of the Customer’s decision to cancel the Contract on our website vrmemories.uk. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (eg by email) without delay.

  5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period expired.


 

Commencement of Services in the cancellation period


 

  1. We must not begin the supply of a service (being part of the Services) before the end of the cancellation period unless you have made an express request for the service.


 

Effects of cancellation in the cancellation period


 

  1. Except as set out below, if you cancel this Contract, we will reimburse to you all the payments received from you.


 

Payment for Services commenced during the cancellation period


 

  1. Where a service is supplied (being part of the Service) before the end of the cancellation period in response to your express request to do so, you must pay an amount for the supply of the service for the period for which it is supplied, ending with the time when we are informed of your decision to cancel. This amount is in proportion to what has been supplied in comparison with the full coverage of the Contract. You will bear no cost for supply of that service, in full or in part, in this cancellation period if that service is not supplied in response to such request.


 

Conformity


 

  1. It is not a failure to conform if the failure has its origin in your materials.

  2. We will supply the Services with reasonable skill and care.

  3. Anything we say or write to you is a term of the Contract.


 

Termination and suspension


 

  1. Either you or we may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:

    1. commits a serious breach of the Contract and the breach cannot be fixed; or

    2. is subject to any steps towards its bankruptcy or liquidation.

  2. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.



 

Successors and our sub-contractors


 

  1. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.


 

Circumstances beyond the control of either party


 

  1. In the event of any failure by either party because of something beyond its reasonable control:

    1. the party will advise the other party as soon as reasonably practicable; and

    2. the party’s obligations will be suspended so far as is reasonable.


 

Privacy


 

  1. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

  2. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy (to be found on our website) and cookies policy (to be found on our website).

  3. For the Purposes of these Terms and Conditions:

    1. ‘Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.

    2. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.

    3. 'Data Controller', ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

  4. We are the Data Controller of the Personal Data we Process in providing the Services and Goods to you.

  5. Where you supply Personal Data to us we can provide Services and Goods to you, and we Process Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

    1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

    2. we will only Process Personal Data for the purposes identified;

    3. we will respect your rights in relation to your Personal Data; and

    4. we will implement technical and organisational measures to ensure your Pesonal Data is secure.

  6. For any enquiries or complaints regarding data privacy, you can contact the director at the following email address: info@vrmemories.uk.



 

Excluding liability


 

  1. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to your business, trade, craft or profession which would not be suffered by a Customer - because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.



 

Governing law, jurisdiction and complaints

  1. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

  2. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts respectively Scotland or Northern Ireland.

  3. We try to avoid any dispute, so we deal with complaints as follows: “If a dispute occurs customers could contact us to find a solution. We will aim to respond with an appropriate solution within 5 days”.


 

Attribution

https://www.rocketlawyer.co.uk


 

Model Cancellation Form


 

To

VR Memories Ltd

Flat 4 Mole View

Brittain Road

Hersham

Walton-on-Thames

Surrey

KT12 4LR

Email address: info@vrmemories.uk

Telephone number: 07400252090


 

[*] = Delete as required.


 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]

for the supply of the following service [*], Ordered on [*]/received on [*]

_  _ _  _ _ _  _ _ _ _  _ _ (date)


 

Name of consumer(s):


 

Address of consumer(s):


 

__________________________________________________


 

Signature of consumer(s) (only if this form is notified on paper)

__________________________________________________


 

Date

Copyright © 2019 by VR MEMORIES LTD., a company registered in England and Wales under number 11665895

whose registered office is Flat 4 Mole View, Brittain Road, Hersham, Walton on Thames, Surrey KT12 4LR;

email address info@vrmemories.uk; telephone number: 07400 252090

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