AWARD SEASON GIFT PACK PURCHASE TERMS AND CONDITIONS
PART A - INFORMATION ABOUT ODEON / THESE TERMS
About ODEON / Definitions
1) When you purchase an Award Season Gift Pack on the Website, you will be purchasing the Award Season Gift Pack from Odeon Cinemas Limited (Registered office: St Albans House, 57-59 Haymarket, London SW1Y 4QX. Registered in England under company number 1854132. VAT number 241717672) ("ODEON").
2) ODEON's main business is providing entertainment and retail services though its cinemas. ODEON is registered with the UK HM Revenue & Customs under the Money Laundering Regulations 2007 (No. 12518227).
3) "Guest Services " means our Guest Services facility (visit the Website "Contact Us" page for up to date contact details). "Terms" means these terms and conditions. "We / us / our" means ODEON as defined in paragraph 1 above."Website" means our website at www.odeon.co.uk. "You / your" means any person who purchases an Award Season Gift Pack via the Website.
Your consent to these Terms
4) Please read these Terms carefully. By purchasing an Award Season Gift Pack on the Website, you accept these Terms. If you are reading an electronic copy of these Terms, feel free to print or save a copy for your records. To obtain more information about these Terms please ring Guest Services or contact us via the "Contact Us" page of the Website, email us at firstname.lastname@example.org, or write to us at "Freepost ODEON".
Amendments to these Terms
5) ODEON reserves the right to add to or amend these Terms from time to time. Amendments will take effect when posted on the Website. Please check the Website "Privacy & Legal" section regularly for changes. If you purchase an Award Season Gift Pack via the Website after any amendment to these Terms, you agree to be bound by the updated version of these Terms.
PART B – AWARD SEASON GIFT PACKS
Sale of Award Season Gift Packs
6) The sale of individual Award Season Gift Pack is subject to availability. Your order is an offer to purchase from ODEON, and we retain the discretion to refuse your order.
For Website sales, if we accept your order, we will display a confirmation page on your screen at the end of the ordering process, and at this point there will be a contract between you and ODEON. We will also send to you an e-mail confirmation of your completed order, for your information. We recommend that you print out a copy of the confirmation page and/or confirmation e-mail for your records.
8) It is your responsibility to check your Award Season Gift Pack order as we are under no obligation to rectify mistakes after a contract has been formed. Unless otherwise expressly stated elsewhere on these Terms (see below), Award Season Gift Packs cannot be cancelled, exchanged or refunded.
Right to Cancel
9) When you purchase an Award Season Gift Pack from us via the Website, you have the right to cancel your order within a 14 day period starting the day after you receive the confirmation email from us, provided that you or the person you have sent the Award Season Gift Pack to has not used all the vouchers in the Award Season Gift Pack ("Cancellation Period"). If you wish to exercise your cancellation right and you have used some of the vouchers, we reserve the right to make a proportionate deduction from the refund amount to reflect any used vouchers.
10) If you wish to cancel your order within the Cancellation Period please contact us via the "Contact Us" page of the Website, email us at email@example.com or write to us at "Freepost ODEON".
Delivery and Loss in Transit
11) Delivery options and costs will be set out during the order process. The Award Season Gift Pack will be delivered to you in accordance with the option you have chosen.
12) There is always a risk that an Award Season Gift Pack may be lost or stolen in transit. If you think this has happened, please tell us straightaway. Contact us via the "Contact Us" page of the Website, email us at firstname.lastname@example.org, or write to us at "Freepost ODEON". Provided you notify us that the Award Season Gift Pack has been lost or stolen in transit with 1 month of placing your order, we will provide you with a remedy, as follows:
a) For orders sent by special delivery: we will replace an Award Season Gift Pack lost or stolen in transit free of charge;
b) For orders not sent by "Signed For" delivery services:
i) if the Award Season Gift Pack has been used, we will cancel the vouchers and refund any unused vouchers together with the delivery cost; or
ii) if the Award Season Gift Pack has not been used, we will replace the Award Season Gift Pack provided that you agree to pay the cost of sending the Award Season Gift Pack by "Signed For" delivery services. If you do not wish to pay the "Signed For" delivery cost, we will cancel the Award Season Gift Pack and refund the cost of the Award Season Gift Pack including the delivery costs.
Award Season Gift Pack Price
13) The Award Season Gift Pack price and delivery cost shall be as displayed on the Website during the ordering process, except in cases of obvious error. Please note that we are not under an obligation to provide the Award Season Gift Pack to you at the incorrect (lower) price, even after the confirmation page has been displayed and the confirmation email has been sent to you, if such a pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing. Price, delivery cost and availability information is subject to change without notice.
14) All stated prices and fees include any applicable Value Added Tax or other tax.
15) Payment can be made by any method specified in the order process. We will deduct your payment from your card at the time we process your credit/debit card transaction. Refunds will only be made to the card used for payment.
16) Please note that the use by you or by the person to whom you have sent the Award Season Gift Pack is subject to the Award Season Gift Pack Conditions of Use, and these are set out in full at the end of these Award Season Gift Pack Purchase Terms and Conditions.
No Resale of Award Season Gift Packs
17) You undertake that you will not resell or offer for resale any Award Season Gift Packs (whether at a premium or otherwise). We reserve the right to suspend or cancel an Award Season Gift Pack where we reasonably believe you have not complied with this undertaking.
Privacy and Security
PART C - GENERAL
21) Nothing in these Terms shall operate to exclude or limit ODEON's liability for death or personal injury caused by ODEON's negligence, for fraud or fraudulent misrepresentation committed by ODEON or our agents, or for any other liability which may not be excluded or limited by law.
22) Subject to paragraph 21:
22.1. ODEON shall not be liable to you for any special, indirect or consequential losses incurred by you in any way. Any liability ODEON has is restricted to foreseeable losses;
22.2. ODEON is not liable or responsible for any failure to perform, or delay in performance of, any of its obligations that are caused by events outside ODEON's reasonable control;
22.3. where erroneous pricing information has been given to you, and the error is obvious and could reasonably have been recognised by you as erroneous, ODEON will not be obliged to supply Award Season Gift Packs at the erroneous price; and
22.4. ODEON's total liability for all claims arising out of or in connection with the purchase of Award Season Gift Packs via the Website shall be limited to an amount equal to the price paid by you for the Award Season Gift Pack.
Scope / Governing Law / Complaints
23) These Terms and any document expressly referred to in them represent the entire agreement between ODEON and you in relation to their subject matter. To the extent permitted by law, all conditions and warranties implied by law, statute or otherwise are expressly excluded.
24) English law shall apply to the establishment of the relationship between ODEON and you prior to your purchasing an Award Season Gift Pack. These Terms, and any contract between you and ODEON in relation to purchasing an Award Season Gift Pack, are governed by English law. Any dispute between ODEON and you regarding these Terms and/or your Award Season Gift Pack will only be dealt with by the English courts, PROVIDED THAT, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. All information relating to the Award Season Gift Pack, including these Terms, shall be supplied to you in English only, and we shall only communicate with you during any contract between us in relation to an Award Season Gift Pack using the English language. There is no public filing requirement for any such contract.
25) If you have any complaint or concern regarding these Terms and/or your Award Season Gift Pack, please contact us via the "Contact Us" page of the Website, email us at email@example.com, or write to us at "Freepost ODEON".
Award Season Gift Pack Conditions of Use (UK)
For film times and information please visit odeon.co.uk
© ODEON Cinemas Limited 2014. All rights reserved. Version 1.0 December 2014.