Website Terms
This Website is operated by Olive Entertainment Limited a company incorporated in England and Wales with company number 3885764, whose registered office is at 27A Powis Terrace, London W11 1JJ (“We”, “Us”).
Please read these terms and conditions (“the Terms”) carefully. By accessing www.zenithshoponline.com; (“the Website”), you indicate your acceptance of these Terms. These terms shall take effect immediately on your first use of the Website, and you are required to further confirm that you have read, understood and agree to them by ticking the ‘I accept the terms and conditions box’ at check out from www.zenithshoponline.com. If you do not accept these Terms please do not access and/or use this Website. These terms and conditions are binding as between Olive Entertainment and you, the user of the Website.
We may change these terms at any time by updating this webpage. The changes will not apply to you retrospectively but only from the time of your use of the Website after their posting. Please review the terms regularly to ensure you are aware of any changes. Your use of the Website after changes have been posted indicates your agreement to be legally bound by these terms as updated and/or amended.
1. Use of this Website
1.1 You agree to only use this Website for lawful purposes, in a way that does not infringe anyone else’s rights or inhibit anyone else’s use and enjoyment.
1.2 From time to time, we may restrict access to some parts of the Website (or to our entire Website to those users who have registered with us. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
2. Placing and Receiving Orders
2.1 All orders are subject to availability of the requested item(s) andaccuracy of the pricing details provided on the Website. After placing an order, you will receive an email from Us acknowledging that we have received your order. It will state what you have ordered, the cost (including any VAT and postage and packaging) and delivery and invoice details. Please note that the automated acknowledgment email does not mean that your order has been accepted. If your order has been unsuccessful in full or in part, We will send you a further email with an explanation of the reason.
2.2 Digital files, including without limitation download to own films, digital audio and digital music files ("Downloads") will only be made available for you to download once your payment has been authorised. No contract of any kind between you and Us is formed unless and until you make payment for the Downloads.
2.3 In the event of any change, such as a change in price or expected delivery date between completion of your order and its dispatch, we shall inform you and you shall at that point have the right to either (i) accept such change (in which case your email reply will represent a new offer which we will accept upon notification of dispatch) or (ii) reject such change (in which case your email reply will represent a withdrawal of your order, or the relevant part of your order as the case may be). We will not charge your credit card until the date your order is sent to you. We will inform you by e-mail at the address given in your order form and any sum which may have been credited from your credit card will be re-credited to you no later than 30 days after the date of your order.
2.4 By placing an order through the Website, you warrant that you are legally capable of entering into a binding contract; that you are at least 18 years old; and the information given on your Order Form is complete and accurate.
3. Availability And Delivery of Purchased Items
If We have insufficient stock to deliver the goods you have ordered, We will not charge your credit card until the date your order is sent to you. We will inform you by e-mail at the address given in your order form and any sum which may have been credited from your credit card will be re-credited to you no later than 30 days after the date of your order.
4. Risk & Title in Purchased Items
4.1 The goods will be at your risk from the time of delivery.
4.2 Ownership of the goods will only pass to you when we receive full payment of all sums due in respect of the goods, including delivery charges.
5. Price & Payment
5.1 We aim to ensure that the pricing of goods and services on the Zenith Shop is correct at all times. However, the web pages may not always accurately reflect the correct details at the moment at which you place your order.
5.2 All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, your order will not be accepted and We will not be liable for any delay or non-delivery.
5.3 Goods dispatched by Us to addresses outside of the European Union are generally not subject to VAT.
5.4 If you order goods 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.
5.5 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.
6. Returns & Refunds
6.1 Save for DVDs and CDs that have been unsealed, or downloads of films, music, images or text that have been completed, you may return goods bought from the Website within 7 days of the date the item is delivered to you. You will be responsible for the cost of return of these items unless these items are returned because they are damaged or defective.
6.2 You may not return or be entitled to refund on DVDs and CDs that have been unsealed or for downloads of films and music or images that have been completed.
6.3 If you are unable to complete the download process or wish us to provide a replacement for a file that is defective please contact us on info@zenithfoundation.com
6.4 You may cancel your subscription at any time. To do so please email us on info@zenithfoundation.com notifying us of your cancellation.
6.5 Returns should be made by:
- E-mailing us with the following information: your name, address, telephone number, email, description of goods being returned and their quantity, and reason for the return.
- posting the return items to 27A Powis Terrace, London W11 1JJ,UK. Please use appropriate protective wrapping/packaging for the items of equivalent standard to one in which the item was dispatched to you so that they may not get damaged on their way to us. We will not accept to refund items returned to us damaged unless such damage was pre-existing and consistent with damage notified to us in the return information email.
6.6 We will refund you the cost of purchase of a validly returned item as soon as the item is received by Us. However, such refund will not include the postage charge or transactional costs paid at the time of purchase relating to the returned item(s).
7. Copyright
7.1 All rights, including copyright, in the content of the Website are owned, licensed to, or controlled by Us. In accessing the Website, you agree that you may only use the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of the Website pages for any purpose whatsoever, other than as licensed under these Terms, without our prior written permission.
7.2 The DVDs and CDs sold by Us for your own individual and non-commercial use.
7.3 If you are an institution seeking to use content for multiple users in your institution or outside it, please e-mail us on info@zenithfoundation.com requesting a multi user license. A different purchase price and terms will apply for such licenses.
7.4 You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the DVDs products. If you would like to obtain the right to show purchased DVDs as part of a non-theatric screening relating to your or your organisation’s activities, please email us oninfo@zenithfoundation.com to negotiate such rights.
7.5 You may only use the Downloads for personal, non-commercial purposes. Except for your personal usage rights, any copying, reproduction, lending or hiring, public performance, broadcasting or any other form of distribution of the Downloads is prohibited and will constitute copyright infringement.
8. Links to and from the Site
8.1 We have no control over the content or availability of third party sites that you may access through the Website and such links are provided for your information only. If you visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
8.2 We do not endorse and are not responsible or liable (directly or indirectly) for any content, advertising, products, services, views expressed or information on or available from third party websites (including without limitation payment for and delivery of any products or services) or for any damage, loss or offence caused by or in connection with your access to and use of such third party sites and any available services. Any Terms, conditions, warranties or representations associated with any dealings on any third party sites are solely between you and the relevant provider of that site and/or any relevant service.
8.3 You may link to the Website home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in any way that suggests any form of association, representation, approval or endorsement on our part where none exists. Links to the Website do not imply that we endorse, are affiliated with or are associated with any linked site or that any linked site is authorised to use any of our trade marks, trade names, brands, logos or copyright symbols or those of any of our affiliates or licensors.
8.4 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page unless you have our prior written consent. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the Community Rules.
9. Advertising and Sponsorship
Parts of or the entire Website may from time to time contain advertising and sponsorship. Advertisers and
sponsors are responsible for ensuring that any materials submitted for inclusion on the Site comply with
relevant laws, regulations and codes and these Terms. We shall not be responsible for any error or inaccuracy
in such advertising or sponsorship materials.
10. Force Majeure
We 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. This shall include delays or delivery failures relating to postal strikes.
11. Transfer Of Rights & Obligations
The contract between you and Us is binding on you and us and on our respective successors and assigns. 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. 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.
12. Privacy
We take your privacy very seriously and. We collect and process data in accordance with our Privacy Policy. By using the Website you consent to such collection and processing and you warrant that all data provided by you is accurate.
13. Waiver
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 terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
14. Entire Agreement
These Terms and any document expressly referred to in them represent the entire agreement between us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into this Agreement, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Agreement except as expressly stated in these Terms.
15. Disclaimer and Limitation of Liability
15.1 Information published on this Website is intended solely for the purpose of providing general information and is not intended to amount to advice on which reliance should be placed. We do not warrant that any information on this Website is accurate or free from error. None of the information on this Website is intended to be nor is it to be treated as a substitute for professional advice relative to a specific question. We disclaim all liability and responsibility arising from any reliance placed on any content on this Website by any visitor to this Website or by anyone who may be informed of any of its contents.
15.2 We accept no liability in respect of any contributions submitted by any of our users and published by
Us and we are not responsible for their content and accuracy. The Website is provided on an "as is" basis without any representation or endorsement of any kind.
15.3 We shall not be not liable for any of the following losses or damages (whether such losses were foreseen, foreseeable, known or otherwise): (a) injury and/or damage to persons or property as a result of any statement, including any actual or alleged defamatory statement; (b) losses suffered by any third party, including infringement of any intellectual property or privacy rights; (c) loss of data; (d) loss of revenue or anticipated profits; (e) loss of business; (f) loss of opportunity; (g) loss of goodwill or injury to reputation; or (h) any indirect, consequential, special or exemplary damages arising from the use, or, arising out of or in connection with the use, of the Website, regardless of the form of action.
15.4 We do not warrant that the functions contained in content on this Website will be uninterrupted or error free, that defects will be corrected or that this Website or the server that makes it available are free of viruses or bugs.
15.5 The extent of our liability for any breach of these terms and conditions shall be limited to the value of the goods ordered by you in the relevant transaction, however nothing in these terms and conditions shall exclude or limit Our liability for death or personal injury as a result of Our negligence.
19. Enforceability
If for any reason part of these terms and conditions is unenforceable, the validity of the remaining terms and conditions shall not be affected.
20. Jurisdiction
These Terms are governed by and construed in accordance with the laws of England and Wales. Disputes arising shall be exclusively subject to the jurisdiction of the courts of England and Wales.