WEST CREEK MEDIA™ TERMS & CONDITIONS
1. General Information
2. Our Contract
3. Placing an Order
4. Registration
5. Receipt of Order
6. Payment
7. Processing and Delivery of your Order
8. Personalized Product
9. Acceptance Email
10. Canceling or Returning your Order
11. Customs
12. Disclaimer
13. Bulk, Promotional, and Premium Purchases
14. Legal and Commercial Warranties
15. Events beyond our reasonable control
16. Questions, Comments and Complaints
17. Entire Agreement
18. General Provisions
19. Transfer
20. Our Liability
21. Governing Law
22. Terms of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE BEFORE PLACING ANY ORDER FOR PRODUCTS FROM THIS WEBSITE WWW.WESTCREEKMEDIA.COM (THE “SITE”).
These terms and conditions of sale (“Terms”) will apply when you place orders to purchase any of the products on the Site. Any reference to “you” or “your”, means you as user of the Site, any reference to “we”, “us” or “our” is to West Creek Media. These Terms form the contract between you and us regarding your order.
If when placing an order for products on the Site you are able to agree unconditionally to these Terms, we would ask you to tick the box confirming your acceptance of these Terms. If you are unable to agree to these Terms then you must not place any orders for products and we would ask that, when attempting to place an order for products, you do not tick the box indicating your acceptance of these Terms. If in the course of attempting to place an order you do not tick the acceptance box, you will be unable to place an order.
You must be 18 years of age or over to register or purchase any products from this Site.
1. General Information
Sales from this Site are made by West Creek Media™.
If you experience any problems with your order or in using this Site, please contact our Guest Services:
Email: info@westcreekmedia.com
Mail:
West Creek Media
Guest Services
15332 Antioch Street, #581
Pacific Palisades, CA 90272
USA
If you have placed an order on the Site, you will receive an email from us when your order has been shipped. This email includes your order tracking number which should be your first point of contact for tracking queries. Please contact us regarding delivery if your order has not been delivered within the estimated time.
If there is anything in these Terms that you do not understand, we recommend that you contact us before ordering.
2. Our Contract
We have set out below a summary of the steps that you need to follow in order to place an order on the Site. A legally binding contract with us for the sale of the products you order will be formed once we dispatch your order to you. While certain key information will be included in the order confirmation email, we advise you to download a copy of these Terms and keep them for your records. The only language available for the conclusion of the contract is English.
3. Placing an Order
Step one: Log-in and registration
You will be offered a choice of shopping with us as a registered or non-registered user. Registering avoids the need to retype your address or delivery details at each shopping occasion with us and gives you the opportunity to register for strictly controlled communications from us. Please note that our registration process does not store your payment details. There is no obligation to register with us in order to shop with us. Please see clause 4. below for further terms on registration.
Step two: Enter address details for billing and delivery
If you are a registered user your billing and delivery details will appear automatically and can be modified if necessary. If you are not a registered user, you will be required to retype these details at each shopping occasion. Non-registered users are also given the opportunity to choose to receive strictly controlled communications from us.
Step three: Review and confirmation
You will be given the opportunity to review and confirm the details of your order, including the delivery address, preferred payment method and product details before placing your order.
Step four: Payment
You will be required to enter details of the method of payment with which you wish to pay and you will be given an opportunity to accept or reject further communications from West Creek Media™. For more information about the payment options available and the payment process, please see our Payment FAQ section.
4. Registration
If you would like us to retain your details to avoid retyping your address and delivery details at each visit, you may register your details by creating an account. You can also choose if you want us to send you newsletters and other communications. You may then log on, access the Site and place orders as normal. Once logged in you can also change or update your user name and password or other details at any time. You promise that all information and details you provide are true, accurate and up to date in all respects and at all times.
You are responsible for all use of the Site under your username and password. It is your sole responsibility to maintain the confidentiality of your username and password. You must notify us immediately if you become aware of any unauthorized use of your account or other breach of security. We will not be liable for any use of your account by someone else.
5. Receipt of Order
When you place an order on the Site, we will send you an email confirming receipt of your order, together with your order number for reference. We recommend you save a copy of this confirmation email, together with a copy of these Terms for your records. Your order represents an offer by you to us to purchase the relevant products from us. Your order is accepted by us when the products ordered by you have been dispatched, unless we have notified you that we do not accept your order, or you have canceled it prior to dispatch, in accordance with clause 10 (Canceling or Returning Your Order). If we are unable to fulfill your order for any reason, we will inform you by email and your order will be canceled and we will either not take payment from you or refund your order. If we have already taken payment, we will fully refund you the cost of the products and any delivery charges by crediting your original method of payment.
Please note, where products are available in limited quantities only, we may restrict the number of products that may be ordered by the same person or the same household. Such restrictions will be specified in the product description on the Site.
6. Payment
We use a range of payment service providers to provide payment services. For more information, please see our Payment FAQ section.
7. Processing and Delivery of your Order
We reserve the right, at any time prior to dispatching your order and our communicating our acceptance to you (clause 9. Acceptance Email), to refuse any order or any part of an order, or to require further or better information to enable us to evaluate and/or process the order.
We may subsequently be unable to ship the products of your order, or may decide on reasonable grounds not to do so, such as if there are safety concerns or fairness between customers where supplies are limited. Where this is the case, we will inform you and either not take payment or, where we have already done so, offer you a full refund to your original method of payment.
Beyond providing you a full refund, we accept no liability for any failure to ship products where this results from our inability to do so or our decision on reasonable grounds not to do so. This does not affect your statutory rights as a consumer.
In order to avoid disappointment, we strongly recommend that you order in good time to allow for processing and delivery of your order. We will do our best to deliver to you your order as quickly as possible, and in any event within 30 days of accepting your order unless the item to be shipped is a pre-order item with a later release date. For further information on delivery services, including applicable charges and restrictions, please review our delivery guide and International delivery guide.
Please note that all delivery times given are estimates only. When we provide you with an estimated delivery date, if we become aware that we cannot deliver your order to you by then, we will contact you to advise you of the alternative date. If we are then still unable to fulfill your order, we will inform you by email and your order will be cancelled. The risk in any products you purchase and the responsibility to insure them will pass to you when the products are delivered to you.
If you are located in the United States of America and have requested that the products you have ordered on the Site are delivered to an address that is also located in the United States of America, by supplying us with your mobile phone number you agree that we may provide your phone number to a third party service provider that we determine will be responsible for delivery of your order. The third party service provider responsible for delivering your order may send you a text message or email indicating a time period for delivery.
8. Personalized Product
Please review your personalization information before submitting your order. Check spelling and names carefully. If you have questions about personalization, please contact our Customer Services at info@westcreekmedia.com
Please note that our policy regarding canceling or returning your order does not apply to personalized products unless there is a manufacturing error or product defect. We reserve the right to refuse personalized orders at our discretion. In the case of inappropriate use of this service, your order will be canceled and fully refunded.
Personalization is available for certain specified products with standard delivery only. Please allow up to 7 additional working days for processing your personalized order prior to shipping. Working days are classed as Monday to Friday only (excluding USA Bank Holidays and Public Holidays). Please note delivery times are estimates and dependent upon author and manufacturer schedules. Personalization of products is available only when purchased directly from this Site.
9. Acceptance Email
We will send you a further notification email confirming acceptance of your order once your products have been dispatched. The contract between you and us for the sale of any product will therefore be made and become binding on both you and us when we have dispatched your order. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time that we send the e-mail to you (whether or not you receive that e-mail).
10. Cancelling or Returning your Order
We want you to be delighted every time you shop with us.
You can cancel your order at any time prior to us dispatching your order and within 14 days of receiving your order without giving any reason. To exercise your right to cancel, you must inform us of your decision to cancel by providing us a clear written statement or by filling out the Returns and Exchange section on your packing slip. You may e-mail us at info@westcreekmedia.com, or through our Site’s contact form here, or mail a letter to our Customer Services Department (see address below). A courtesy cancellation form is available here. To meet the cancellation deadline, it is sufficient for you to tell us you want to cancel your order within 14 days of receiving your order.
Address correspondence to:
West Creek Media
Customer Services
15332 Antioch Street, #581
Pacific Palisades, CA 90272
USA
If you have received your order, you should send back the products you wish to return to our Customer Services (see address above) without undue delay and in any event no later than 14 days from the day on which we were informed of your decision to cancel. You will have to cover the cost of returning the product. We shall refund you the price paid for the product plus the costs of the original delivery (except where you only return some products in an order, in which case the original delivery costs will not be refunded) on receipt of the returned product, or within 14 days of receiving from you proof of returning the product, using the same means of payment as you used for the initial transaction. You will not be charged any extra fees for this refund.
We are also pleased to offer you the right to return products beyond 14 days of receiving the product, up to 30 days, subject to the following conditions. For such returns, no original delivery costs will be refunded, and you will be responsible for the return delivery costs. You must pack the product(s) securely and send back to our Customer Services department (see address above), along with the completed Returns and Exchanges form located on your Packing Slip. In order to ensure the safe return of the products, we recommend that you obtain proof of postage from the post office and retain this proof of postage until you are refunded. Refunds will be made via the original payment method.
We regret that we cannot accept returns of certain products, such as personalized or other products stated on the Site to be non-returnable including, without limitation, unsealed CDs, DVDs, Blu-ray, audio, video games, software media, electronics, auction items, or certain collectible items specified on the Site as a product that it is not possible to return because of its nature.
We reserve the right to refuse to refund or exchange products that are returned to us that are not in a resalable condition.
You may return to us any product (including personalized products or products otherwise excluded from the cancellation/return rights above) that is damaged, defective or we have delivered a product to you in error. Once we have confirmed that a product is damaged or defective, or was delivered in error, we will exchange or refund you the price paid for the product, plus your original delivery costs (except where you only return some products in an order, or where the product is damaged or defective media. Collectibles may only be exchanged for the same product) and the cost of returning the product to us. Refunds will be made via the original payment method.
11. Customs
When ordering products from us for delivery to any address outside the United States of America, you may have to pay import duties and taxes, which are levied once the package reaches the specified destination. These and any other additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from us, you must comply with all laws and regulations of the country in which you are receiving the products. Please note that cross-border deliveries are subject to opening and inspection by customs authorities. All our prices include VAT if applicable.
12. Disclaimer
We try our best to ensure that the product prices stated on our Site are accurate but errors can occur and sometimes we discover that the price displayed for a product is incorrect. If we discover that we have made a mistake with the price of a product on the Site, we will inform you as soon as possible of our error and we will not be liable to supply you with that product at the incorrectly displayed price. We will notify you of the correct price of the product and will give you the option to purchase the product at the correct price or to cancel your order. If we are unable to contact you to advise you of the pricing error we will cancel your order. In the event that you choose to cancel your order but we have already taken payment, we will provide you with a full refund to your original method of payment.
Please note that prices on our Site may differ from those in West Creek Media™ partner stores.
Please note that CDs, DVDs, Blu-ray, audio, video games, software media may be subject to technical protection measures to prevent unauthorized copying. Any restrictions on interoperability of such media will be specified in the relevant product descriptions on the Site.
13. Bulk, Promotional, and Premium Purchases
West Creek Media™ products are available at special discounts when purchased in quantity for premiums and promotions as well as fundraising or educational use. Special editions can also be created to specification. For details, contact us.
Upon approval, invoices are due and payable in thirty (30) days from the first of the next month after the date of the invoice. Discounts will be forfeited if accounts are not paid within ninety days of due date. Interest of 1.5% per month will be charged on delinquent accounts. For orders of five hundred US dollars ($500) or more, we may request bank and business references such as the names of your three largest accounts. We reserve the right to refuse orders should such requests not be met to our satisfaction.
Shipping charges will be added to all credit orders, and any special handling requests must be received in writing with the order.
14. Legal and Commercial Warranties
We remind you that the applicable law requires that products conform to any description applied to them on the Site, are of satisfactory quality and fit for the purpose made known to us by you at the time of purchase. Nothing in these Terms should be taken as excluding or restricting these warranties or any other rights which the applicable law grants explicitly or implicitly to consumers in respect of such products.
Where products are sold with additional guarantees or warranties provided by the manufacturer, we will advise you of this in the product descriptions on the Site. Please contact our Customer Services for more information, including for details of manufacturers’ after-sales service. Subject to the statutory or other legal rights and without prejudice to the preceding paragraph, such warranties and guarantees are not enforceable against us, but only against the person giving them.
15. Events beyond our reasonable control
Without prejudice to your statutory rights as a consumer, we will not be held responsible for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause which is beyond our reasonable control.
16. Questions, Comments, and Complaints
If you have any questions, comments or complaints about how your order has been handled, please email our Customer Services at info@westcreekmedia.com or mail us at:
West Creek Media
Customer Services
15332 Antioch St. #581
Pacific Palisades, CA 90272
USA
17. Entire Agreement
These Terms shall replace any prior agreements or arrangements which may have existed between us, provided that the information you have given to us is not incorrect or fraudulent.
18. General Provisions
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. If you breach these terms of use and we take no action against you, we will not be considered to have given up our rights in respect of your breach and we will also still be entitled to use our rights and remedies in any other situation where you breach these terms of use.
Except where expressly provided to the contrary, these terms of use are not intended to be for the benefit of, and shall not be enforceable by, any person who is not a party to it, under any applicable laws or otherwise, except that any of our group undertakings may enforce any provision of these terms of use as if it were a party to them.
These terms of use can be accessed by you at any time at www.WestCreekMedia.com
If you have any queries you can write to us at:
West Creek Media
Legal Department
15332 Antioch St. #581
Pacific Palisades, CA 90272
USA
19. Transfer
We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to a third party. You agree that we may do so provided that this does not affect any standard of service you receive under these Terms. Furthermore, you agree that in the case of a transfer only, after we notify you of the date on which will transfer our rights and obligations to another legal entity, your only rights under or in connection with these Terms will be against the new legal entity and not against us.
20. Our Liability
We do not limit in any way our liability for death or personal injury caused by our negligence or for our fraudulent misrepresentation or concealment or for any other liability which cannot be excluded or limited by applicable laws.
Subject to applicable law we, our group undertakings, our and our group undertakings’ licensors or licensees, and their respective resellers, distributors, service providers or suppliers, do not accept liability for any loss, damages, costs or expenses suffered by in connection with your use or misuse of any product, software, application, device or any other material provided to you in connection with your use of the Site, or for any loss which is not a direct and reasonably foreseeable consequence of the (A) use of, or the inability to use, the Site or content, or (B) the conduct or actions, whether online or offline, of any user of the Site or any other person or entity, even if we have been advised of the possibility of such damages.
Where you use the Site for the mobile services we are not liable in any way for any failure of the Site or mobile services including where your mobile device is not compatible with the content you have ordered, for any connectivity failure of your mobile device or where you provide an incorrect device number.
We may change the Site or delete content or features or any services provided through the Site in any way, at any time, and for any reason or no reason.
The limitations, exclusions, and disclaimers in this section and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.
21. Governing Law
These Terms and any other contract made between us in the manner described above shall be subject to and interpreted and enforced in accordance with United States of America law and in respect of any actions or claims under these Terms you and we agree to submit to the non-exclusive jurisdiction of the United States of America courts.
22. Terms of Use
Your use of this Site is subject to our Terms of Use, which you can find here