The
FORGOTTEN
BATTALION

TERMS
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An American Airborne Epic Part 1

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Whizz Films Ltd. Stratfield House, 265 High Street,
Crowthorne, RG45 7AH
E-mail address: mail@theforgottenbattalion.com
Europe: +44 1252 653 455
North America:  +1 778 338 5030

General Disclaimer

The website www.theforgottenbattalion.com is owned and operated by Whizz Films Limited. When you view www.theforgottenbattalion.com, your visit and any disputes arising from it are subject to this Disclaimer, our Terms and Conditions and our Privacy Policy. We have taken reasonable steps to ensure that www.theforgottenbattalion.com and all information provided on or through it is accurate. However, we assume no responsibility for information contained on www.theforgottenbattalion.com and disclaim all liability in respect of such information. We shall not be held liable for any losses you suffer, including any indirect or consequential loss, including but not limited to loss of business or profits or any other financial loss arising out of or in any way connected with the use of www.theforgottenbattalion.com. We are not responsible for the content of any websites directly or indirectly linked to or linked from any pages on www.theforgottenbattalion.com. If you consider any linked pages to be inappropriate, illegal or offensive please let us know by contacting mail@theforgottenbattalion.com. All questions regarding the use of www.theforgottenbattalion.com are governed by the law of England and subject to the jurisdiction of the English Courts.


Terms and Conditions

1. General

1.1 www.theforgottenbattalion.com is owned and operated by Whizz Films Limited: Stratfield House, 265 High Street, Crowthorne, Berks, RG45 7AH.

1.2 These Terms and Conditions govern your use of the www.theforgottenbattalion.com website, and your relationship with Whizz Films Limited the website operator.

1.3 The purpose of this website is to retail audio visual and printed material ("the Products").

1.4 www.theforgottenbattalion.com and the Products are intended initially for those who access www.theforgottenbattalion.com from the United Kingdom. If you are accessing www.theforgottenbattalion.com from a location outside the UK, you are responsible for complying with the laws which apply in that jurisdiction.

1.5 These Terms and Conditions take precedence over and exclude any terms and conditions which you may introduce.

1.6 We reserve the right to update or modify these Terms and Conditions. Any changes to these Terms and Conditions will be posted on this Site. The change of Terms and Conditions shall not affect the existing Terms and Conditions accepted by you upon making a purchase using the Site.

2. Definitions

2.1 Throughout the Terms and Conditions, when we refer to "we", "us", "our" etc, we are referring to Whizz Films Limited. When we refer to "you" etc we are referring to you the customer.

2.2 In these Terms and Conditions:-
"Contract" shall mean a contract concluded between Whizz Films Limited and you in terms of Clause 5.8 of these Terms and Conditions
"Delivery" shall mean delivery of the Order in accordance with Clause 8 of these Terms and Conditions
"the Products" shall mean the goods and products available from www.theforgottenbattalion.com which are supplied to you;
"Order" shall mean your order for the Products received by email or letter to us directly or made on www.theforgottenbattalion.com.

3. Registration

3.1 When you register with www.theforgottenbattalion.com you must ensure that the details provided by you on registration or at any time are correct and accurate. You must provide the correct address for any credit card or debit card you use to make any payments at www.theforgottenbattalion.com.

3.2 The provision of fictitious or incorrect address details may be reported to law enforcement or other relevant authorities for the purposes of combating internet-based credit card fraud in accordance with our Privacy Policy.

3.3 When you register to use www.theforgottenbattalion.com we ask that you create a password. You must take all reasonable steps to keep this password secure, and must not let anyone else use it. You are responsible for all activities and orders that are submitted using your password. If you have reason to suspect that anyone else has your password, please let us know immediately so that we can cancel it.

3.4 We may suspend or cancel your registration immediately at our discretion or if you breach any of your obligations under these Terms and Conditions. You can cancel this agreement at any time by emailing mail@theforgottenbattalion.com. If you cancel, you must stop using www.theforgottenbattalion.com.

3.5 The suspension or cancellation of your registration and your right to use www.theforgottenbattalion.com shall not affect your or our rights or obligations.

4. Products and Prices

4.1 Our prices are stated in US dollars only.

4.2 We have taken all reasonable steps to ensure that the Products are described as fairly and accurately as possible. We also endeavour to ensure that price and availability information is published as accurately as possible and is kept up to date. In the unlikely event that www.theforgottenbattalion.com contains any inaccurate, incomplete or out of date information we shall endeavour to rectify this as soon as practicable.

4.3 We reserve the right to make changes to www.theforgottenbattalion.com and to details of Products without notice and with no liability on our part. All Products are subject to availability.

4.4 Please note that the images we use in this site are representations only, and should not be taken to be an accurate depiction of any particular product.

5. Placing your Order

5.1 When you click the "Proceed to Checkout" button, you will be taken through our order process. The final screen will confirm your Order Details and the Total Price payable by you. If you are satisfied that your order details are correct, click on “Confirm & Pay”. This will take you to the payment section of the Site. All payments are administered on our behalf by HSBC Global payments.

5.2 When you click on "Make Payment", your order will be sent to us. Payment will be taken as soon as your credit or debit card details have been authorised. We will send you an email instantly after your Order has been made acknowledging that you order has been received. This acknowledgment does not amount to an acceptance of your Order. Included in this confirmation email will be notice that you will be unable to cancel your Order once the e-mail accepting your Order has been sent. You should read this confirmation email carefully.

6. Price Correction

6.1 We will try to ensure that all prices on www.theforgottenbattalion.com are accurate. If any pricing errors come to our attention, by whatever means, we will take reasonable steps to inform you and we will give you the option to reconfirm the Order at the corrected price or cancel it. If we cannot contact you, the Order will be treated as cancelled. If the Order is cancelled, for whatever reason, a full refund will be made.

7. Payment

7.1 Payment can be made by any method specified in the Payment section of www.theforgottenbattalion.com. We take all reasonable precautions to keep your order and payment details secure, but, in the absence of negligence on our part, we cannot be held responsible for any losses incurred by you as a result of unauthorised access to the information which you have provided to us. In the event that loss is incurred as a result of our negligence, our liability shall be limited in terms of Clause 10.3.

7.2 You confirm that the credit or debit card with which you make payment is held validly in your name. We cannot be held liable for any delays or non-delivery which may occur if credit or debit card provider does not authorise payment. You should also ensure that any information supplied by you is correct before proceeding to payment. We do not accept responsibility or offer refunds if you provide incorrect information.

8. Delivery

8.1 Delivery charges are specified during the order process on www.theforgottenbattalion.com.

8.2 The cost of packing and delivery is shown prior to confirming your Order.

8.3 The risk in the Product shall pass to you on delivery or attempted delivery of the Product.

8.4 We aim to deliver all UK standard Delivery orders within 1-5 days. Please do not contact us regarding the delivery status of your order during the first 7 days. In the unlikely event that your item gets delayed or goes missing in the post, refunds or replacements will only be issued once the package is officially classed as 'lost' by Royal Mail.

8.5 Reasonable allowance should be made for orders made over the weekend and at public holidays. Please allow up to 30 days for delivery in exceptional circumstances.

8.6 We may send your order in multiple packages. We will endeavour to advise you of this by email prior to dispatch.

8.7 Where Royal Mail ‘Recorded signed for’ or ‘International signed for’ is used, the delivery must be signed for.

(a) If we attempt delivery by these methods and nobody is available to sign for the package, you will be notified that your package is being held for collection.

(b) The notification will contain information on how long the package will be held for.

(c) If you fail to collect the package within the stated time period and the package is returned to us we will consider the order cancelled or re-dispatch by request.

(d) Under these circumstances, prior to making a refund, we will make a charge to cover the post and packing costs of sending the goods to you. An additional postage and packing charge will also be made if you wish the goods to be re-sent.

8.8 www.theforgottenbattalion.com does not accept responsibility if Royal Mail fails to notify you of an attempted delivery.

8.9 ‘International signed for’ and ‘recorded signed for’ are services offered by Royal Mail only, no guarantee is provided by www.theforgottenbattalion.com in relation to orders sent using this method and no compensation will be payable by www.theforgottenbattalion.com under any circumstances.

8.10 We are unable to arrange for orders to be left in alternative locations (i.e. in a shed or with a neighbour).

9. Returns

9.1 You have the right to cancel your order at any time up to 30 days after the day following the delivery of the goods by contacting our Customer Services department by email or post.

9.2 Your right to cancel is on the basis that we will be able to re-sell the goods to another customer as new when you return them to us. If you have any questions about the goods or need help on deciding whether or not to keep them, please contact Customer Services for more information.

9.3 If the products have already been posted to you, you must return the products to us at the time of cancellation and we will credit your credit or debit card with the price of the products within 30 days beginning with the day on which notice of cancellation was given. You should return products to:
www.theforgottenbattalion.com
Returns
109 Keith Lucas Road, Farnborough, Hants, GU14 0DJ, United Kingdom.

9.4 You must enclose a copy of the original invoice. When returning goods we recommend that you obtain a proof of posting from the Post Office.

9.5 Please note that depending on the reason for return, we reserve the right to charge for the original postage.

9.6 If you do not return the goods within 7 days from the day your cancellation is made, we will make an administrative charge of $40 in respect of the cost of recovering the goods.

9.7 If you do not return the goods or fail to make them available for collection within 30 days of your notice of cancellation, you will be deemed to have rescinded your request to cancel and accepted the goods. You will be charged for your order at the price originally agreed as per our Terms and Conditions. Any administrative charges incurred shall be added to the total price of the order.

9.8 Please use the original packaging to return a Product. Where this is not suitable, please use packaging of an equivalent quality. Failure to do so may result in damage to the product which you will be liable for.

9.9 You must notify us of any shortage, damage or defect in the Product within a reasonable time frame or you will have been deemed to accept the Product. If the Product is found to be faulty or defective, then we will offer you either a replacement or a full refund where appropriate.

9.10 If you return any products that don't comply with the above instructions we will return the product to you and make an administrative charge of $15 in respect of re-delivery cost.

10. Warranties and Liabilities

10.1 We shall use reasonable endeavours to ensure the Products are of satisfactory quality, comply with the descriptions given and are fit for the purpose for which the Products are reasonably intended. However, the Products are provided on an "as is" basis and it is your sole responsibility to ensure that Products ordered are suitable for their intended purpose.

10.2 Nothing in these conditions excludes or limits our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.

10.3 Subject to conditions 10.1 and 10.2:-

(a) Our total liability to you or to any third party whether in contract, delict (including negligence), misrepresentation or otherwise, arising as a direct consequence of your (or any third party's) use of the Products (including, without limitation, loss of business, costs or expenses) will be limited to the price of your Order; and

(b) We shall not be liable for any indirect or consequential loss or damage (including loss of profit, loss of business or otherwise), costs, expenses or other claims for consequential compensation whatsoever (however caused) which arise out of or in connection with your use of the Products.

11. Contact Details

11.1 We aim to deal with any complaints in a fair and confidential manner. Any complaints or communications should be directed to:-

Customer Service Department
www.theforgottenbattalion.com
109 Keith Lucas Road
Farnborough
Hants
GU14 0DJ, United Kingdom.
mail@theforgottenbattalion.com
Tel:  +44 (0)7949 100099

12. Chargeback Fraud

12.1 A Chargeback is a process whereby a credit card issuer reverses a transaction on the request of the card holder.

12.2 Where a chargeback is raised by or on behalf of you in a situation where an order has been delivered, has not be properly cancelled in accordance with our returns policy, is still to be delivered, or is otherwise covered by a clause or term in these terms and conditions then we shall be entitled to recover the full order cost from you by civil means. We further shall be entitled to charge you an administration fee of $50 payable immediately upon demand. Additionally, we may notify the police or other legal authorities about the chargeback filing.

12.3 For the avoidance of doubt, the administration fee shall be payable even where an order is "lost in the post" at the time the chargeback process is initiated, as we make provision for how this matter is to be handled in these terms and conditions. If you are unsure of whether or not to file a chargeback we strongly advise you to discuss the matter with our Customer Service department first.

13. Intellectual Property Rights

13.1 The content of www.theforgottenbattalion.com is protected by national and international laws and treaties. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on www.theforgottenbattalion.com without written permission from us.

13.2 No license is granted to you in these Terms and Conditions to use any trademark or service marks of Whizz Films Limited or its licensors.

14. Legal

14.1 If any provision of these Terms and Conditions are held to be invalid or unenforceable, the other provisions and the remainder of the provision in question shall remain as valid.

14.2 The contract shall be governed by and construed in accordance with the law of England and the parties hereby agree to submit to the exclusive jurisdiction of the English courts.

15. Export Restrictions

Items obtained from Whizz Films may only be shipped to customers residing in countries permitted by applicable export control laws and regulations of the United Kingdom. You agree to comply strictly with all relevant export laws, regulations and orders and assume sole responsibility for any export customs duties levied and for obtaining any required export licenses.


DVD DELIVERY RATES:

UNITED KINGDOM DELIVERY

FIRST CLASS MAIL
Delivery normally within next working day. This option does not include insurance - shipping is at the risk of the buyer. The cost of this service for the current order is $3.75.

FIRST CLASS RECORDED DELIVERY
Delivery normally within next working day. This option includes insurance and will compensate the full order value should there be an issue with delivery. A signature will be required on delivery. The cost of this service for the current order is $4.90.


EUROPEAN DELIVERY

Please confirm your preferred shipping method for this order:

Standard Airmail
Delivery normally within three working days. This option does not include insurance - shipping is at the risk of the buyer. The cost of this service for the current order is $3.50.

Recorded Airmail
Delivery normally within three working days. This option includes insurance and will compensate the full order value should there be an issue with delivery. A signature will be required on delivery. The cost of this service for the current order is $8.75.


USA & REST OF THE WORLD

Standard Airmail
Delivery normally within five working days. This option does not include insurance - shipping is at the risk of the buyer. The cost of this service for the current order is $4.50.

Recorded Airmail
Delivery normally within three working days. This option includes insurance and will compensate the full order value should there be an issue with delivery. A signature will be required on delivery. The cost of this service for the current order is $9.75.


BOOK & DVD DELIVERY (N.B. to deliver the book or the book and the DVD is the same price in the UK)

UNITED KINGDOM DELIVERY

FIRST CLASS MAIL
Delivery normally within next working day. This option does not include insurance - shipping is at the risk of the buyer. The cost of this service for the current order is $6.50.

FIRST CLASS RECORDED DELIVERY
Delivery normally within next working day. This option includes insurance and will compensate the full order value should there be an issue with delivery. A signature will be required on delivery. The cost of this service for the current order is $7.75.


EUROPEAN DELIVERY OF BOOK ONLY

Standard Airmail
Delivery normally within three working days. This option does not include insurance - shipping is at the risk of the buyer. The cost of this service for the current order is $9.95.

Recorded Airmail
Delivery normally within three working days. This option includes insurance and will compensate the full order value should there be an issue with delivery. A signature will be required on delivery. The cost of this service for the current order is $15.50.


EUROPEAN DELIVERY OF BOOK & DVD

Standard Airmail
Delivery normally within three working days. This option does not include insurance - shipping is at the risk of the buyer. The cost of this service for the current order is $10.75.

Recorded Airmail
Delivery normally within three working days. This option includes insurance and will compensate the full order value should there be an issue with delivery. A signature will be required on delivery. The cost of this service for the current order is $16.50.


USA & REST OF THE WORLD

DELIVERY OF BOOK ONLY

Standard Airmail
Delivery normally within five working days. This option does not include insurance - shipping is at the risk of the buyer. The cost of this service for the current order is $17.75.

Recorded Airmail
Delivery normally within five working days. This option includes insurance and will compensate the full order value should there be an issue with delivery. A signature will be required on delivery. The cost of this service for the current order is $23.50.


USA & REST OF THE WORLD

BOOK  & DVD DELIVERY

Standard Airmail
Delivery normally within five working days. This option does not include insurance - shipping is at the risk of the buyer. The cost of this service for the current order is $19.50.

Recorded Airmail
Delivery normally within five working days. This option includes insurance and will compensate the full order value should there be an issue with delivery. A signature will be required on delivery. The cost of this service for the current order is $24.85.



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ORDER The FORGOTTEN BATTALION DVD

Due for release in Spring 2009. Preorder your Copy of The Forgotten Battalion today.