Terms & Conditions

This page gives you details of the terms & conditions under which you use our website. Any use of the website means you agree to the terms & conditions stated. If however you do not agree to any of the terms, then we suggest you refrain from purchasing items from this website.

EASTERN STATE LIMITED WEBSITE TERMS AND CONDITIONS

FOR THE ON-LINE SALE OF DVDS

These Conditions form part of the contract between the Customer and Eastern State for the purchase by the Customer from Eastern State of the Goods.

1. Interpretation

1.1 In these website terms and conditions (including, without limitation, the emboldened and italicised sentence above):

‘Eastern State’ means Eastern State Limited, a company incorporated under the Companies Acts (company number SC260354) and having its registered office at 29 Cochrane Street, Glasgow, G1 1HL and having its principal place of business at 29 Cochrane Street, Glasgow, G1 1HL;

‘Eastern State Site’ means the website published by Eastern State on the World Wide Web of the Internet with the uniform resource locator http://www.easternstate.tv;

‘Conditions’ means these website terms and conditions for the on-line sale in DVD and/or electronic format

‘Contract’ means the contract for the sale of the Goods as constituted and evidenced by the Customer’s Order, the Order Confirmation and these Conditions;

‘Customer’ means the person or entity who makes an offer for the Goods to Eastern State (as constituted by the Customer’s Order);

‘Customer’s Order’ means an order submitted to Eastern State through the Eastern State Site by completion of the staged ordering process set out therein;

‘Goods’ means the films (in DVD or electronic format) which Eastern State is to supply in accordance with the Contract;

‘Working Days’ means all days other than Saturdays, Sundays and public holidays;

‘Order Confirmation’ means the confirmation in Writing by Eastern State of acceptance of the Customer’s Order sent prior to despatch of the Goods to the Customer; and

‘Writing’ means includes electronic mail, facsimile transmission and similar means of communication.

2. Basis of the sale

2.1 Eastern State shall sell and the Customer shall purchase the Goods in accordance with the Customer’s Order and Order Confirmation and subject to these Conditions (which shall form part of the Contract to the exclusion of any other terms and conditions).

2.2 The Customer acknowledges that the website text, price lists, lists of items for sale and other sales literature published on the Eastern State Site constitute an invitation to treat and may not be construed by the Customer as any offer by or binding obligation upon Eastern State to sell any item to the Customer. Any typographical, clerical or other error or omission in any website text, price list, list of items for sale, other sales literature, acceptance of offer, invoice or other document or information sent or published by Eastern State shall be subject to correction by Eastern State without any liability (other than any liability for death or personal injury for breach of duty arising in the course of any business or from the occupation of business premises) on the part of Eastern State.

2.3 No variation to the Contract shall be binding unless agreed in Writing between the Customer and Eastern State. Eastern State’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by Eastern State in Writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed.

2.4 The Customer hereby acknowledges that any and all intellectual property rights in the Goods (or any material recorded on the Goods) may not be owned by Eastern State and that no transfer of intellectual property rights in the Goods (by assignation or otherwise) is effected, or intended to be effected, by the Contract.

2.5 Unless otherwise agreed between the Customer and Eastern State in writing, the Goods are sold for private non-commercial use only and the Customer hereby irrevocably and unconditionally undertakes to Eastern State that it will not use the Goods for any other purpose whatsoever.

3. Offers

3.1 The Customer’s Order shall not be deemed to be accepted by Eastern State unless and until the Order Confirmation has been sent to the Customer.

3.2 The Customer shall be responsible to Eastern State for ensuring the accuracy of the terms of the Customer’s Order submitted by the Customer (and hereby warrants its accuracy) and for giving Eastern State any necessary information relating to the Goods within a sufficient time to enable Eastern State to perform the Contract in accordance with its terms.

3.3 The quantity, quality and description of the Goods shall be those set out in the Order Confirmation.

3.4 Subject to Clause 8.1, the Customer’s Order may not be cancelled by the Customer after the Order Confirmation has been sent except with the agreement in Writing of Eastern State.

4. Price of the goods

4.1 The price of the Goods shall be the price specified by Eastern State in the Order Confirmation.

4.2 In the case of the sale of films in DVD format, the Customer shall be liable to pay Eastern State’s charges for packaging, transport and insurance to the address supplied by the Customer in the Customer’s Order and insurance of the Goods whilst in transit to that address. The costs for such packaging, transport and insurance shall be set out in the Order Confirmation.

4.3 The price of the Goods shall be exclusive of any applicable Value Added Tax, which the Customer shall be additionally liable to pay to Eastern State.

5. Terms of payment

5.1 Subject to any special terms agreed in Writing between the Customer and Eastern State, Eastern State shall be entitled to payment in full for the price of the Goods (including any carriage costs and VAT) on the date of the Order Confirmation and prior to delivery of the Goods to the Customer. Eastern State, or its online payment solutions provider, shall debit the Customer’s credit or debit card (as the case may be) with payment in full for the Goods, transport, packaging and insurance and applicable Value Added Tax on or after the date of the Order Confirmation (notwithstanding that delivery will not have taken place and the property in the Goods has not passed to the Customer).The time of payment of the price shall be of the essence of the Contract.

5.2 If the Customer fails to make any payment by the relevant due date or if payment is declined or not authorised by the issuer of the Customer’s credit or debit card (as the case may be) when processed by Eastern State then, without prejudice to any other right or remedy available to Eastern State, Eastern State shall be entitled to cancel the Contract or suspend any further deliveries to the Customer.

6. Delivery

6.1 Delivery of the Goods shall be made:

(a) in the case of the sale of films in DVD format, by Eastern State (or its carrier) delivering the Goods by first class mail if (within UK) or by airmail (if outwith UK) to the delivery address specified in the Customer’s Order; or

(b) in the case of the sale of films in electronic format, by making the relevant film available in electronic format for downloading by the Customer to the Customer’s hard drive for a period of 3 days commencing on the date immediately following the date of sending of the Order Confirmation.

6.2 Any dates quoted for delivery of the Goods are approximate only and not guaranteed and Eastern State shall not be liable for any failure to deliver the Goods in accordance with any dates so quoted howsoever caused. Time for delivery shall not be of the essence of the Contract.

6.3 Delivery shall be evidenced by:

(a) in the case of the sale of films in DVD format, the return to Eastern State of its or its authorised carriers’ official packing/delivery note which, howsoever signed as acknowledgement of receipt of the goods, shall constitute absolute proof of delivery of the items specified in it; and

(b) in the case of the sale of films in electronic format, the receipt by Eastern State of an e-mail confirming that the relevant film has been made available in electronic format for downloading by the Customer to the Customer’s hard drive, which howsoever narrated, shall constitute absolute proof of delivery of the items to which it relates.

7. Risk and property

7.1 Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery or, if the Customer fails to take delivery of the Goods, the time when Eastern State has tendered delivery of the Goods.

7.2 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the title to and in the Goods shall not pass to the Customer until all sums due by the Customer to Eastern State (including any applicable interest and charges) have been paid in full.

8. Returns

8.1 In the case of the sale of films in DVD format, provided that the Goods have not been unsealed, within 7 Working Days of the day after the day of receipt of the Goods by the Customer, the Customer shall be entitled to cancel the Contract, return the Goods and receive a full refund (or, where the goods have not been paid for, full credit) less any charge made by Eastern State where the Customer does not return the Goods to Eastern State or returns them to Eastern State at the expense of Eastern State. If the Contract is cancelled by the Customer, the Customer shall be responsible for the costs of returning the Goods and shall fully compensate Eastern State for all and any such costs.

9. Warranties and liability

9.1 Except in respect of any liability for death or personal injury for breach of duty arising in the course of any business or from the occupation of business premises, Eastern State shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of Eastern State, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Customer and the entire liability of Eastern State under or in connection with the Contract shall not exceed the price of the Goods, except as expressly provided in these Conditions.

9.2 Eastern State shall not be liable to the Customer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of Eastern State’s obligations in relation to the Goods if the delay or failure was due to any cause beyond Eastern State’s reasonable control.

10. General

10.1 Eastern State may perform any of its obligations or exercise any of its rights hereunder by itself or where applicable through any other person or entity, provided that any act or omission of any such other person or entity shall be deemed to be the act or omission of Eastern State.

10.2 Any notice required or permitted to be given by either party to the other under these Conditions shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

10.3 No waiver by Eastern State of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.

10.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

10.5 The Contract and these Conditions shall constitute the entire agreement between the Customer and Eastern State in respect of the supply of the Goods and shall supersede all previous oral or written representations, undertakings or agreements relating thereto.

10.6 Eastern State may assign the Contract with the Customer or sub-contract the whole, or any part thereof, to any person or entity. Unless otherwise agreed in Writing, the Customer may not assign or sub-contract either the benefit or the burden of any contract with Eastern State.

10.7 The Contract shall be governed by the law of Scotland and the Customer agrees to submit to the non‑exclusive jurisdiction of the Scottish courts.

Contacting us

You can contact us directly through the website using the contact us page or alternatively you can contact us using the following methods:

Email :
Tel :	+44 (0)141 567 8004
Fax :	+44 (0)141 567 8001
Address:	Eastern State Ltd 29 Cochrane St Glasgow G1 1HL

Stock Availability

We ask that you bear in mind, that as we operate a store, that there may be occasions where an item which is currently listed may become ‘out of stock’. We will inform you of this ASAP before debiting any funds should this occur. Please feel free to contact us beforehand to check availability before making a transaction.

Payment for Goods

We use Worldpay for all our online transactions,a global leader in online debit and credit card processing.

For millions of people around the world, WorldPay is the way to pay - trusted and secure. An important part of The Royal Bank of Scotland Group, the 5th biggest banking group in the world, WorldPay payment solutions are trusted by thousands of businesses, big and small. So you know you are in good hands!