1. What the words mean
   
   In these Terms and Conditions:
   "you" means anyone applying to open a Musicandfilm account or whose application has been accepted;
   "we, us" means UGD J Limited or any company to which UGD J Ltd has transferred its rights;
   "Agreement Fee"
   means the amount we can charge you if you do not fulfil the Musicandfilm Agreement or if you cancel your Musicandfilm account as explained in Condition 4;
   ”Musicandfilm” – Musicandfilm is the new name for Channel. These terms and conditions apply to all customers who were recruited into the Channel entertainment club.
   "Musicandfilm Agreement" means the number of Products you have to buy, described in Condition 4 below;
   "Musicandfilm Selection" - A product which we recommend and which will be sent to you if you have not purchased a Musicandfilm Price recording during any quarter of your agreement and which you will be charged for.
   "Musicandfilm Price" means the normal price for Products as shown in the Musicandfilm catalogue or on the Musicandfilm Website;
   "Musicandfilm Website" means www.musicandfilm.co.uk
   "Agreed Period" means the period in which you have to complete your Musicandfilm Agreement, as specified in Condition 4 below;
   "Minimum Term" means the time from the date your Musicandfilm account is opened until you fulfil your Musicandfilm Agreement;
   "Opening Offer" means the offer you accept to open your Musicandfilm account;
   "Products" means all the compact discs, DVDs and games we supply, and any other formats we might supply in the future;
   "Voucher" means any voucher or coupon we provide as part of any Musicandfilm offer.

2. Terms and Conditions

1. These Terms and Conditions apply as soon as we accept your application for a Musicandfilm account. We'll let you know before we make any changes to them. These may include a change of Musicandfilm's name or structure, but won't affect the fulfilment of your Musicandfilm Agreement.
2. As a Musicandfilm customer you agree to be bound by these Terms and Conditions.

3. Becoming a Musicandfilm customer

1. Your account is with UGDJ Limited and any purchases you make are from UGDJ Limited.
2. To open a Musicandfilm account you must be at least 18 years old with a permanent home address in England, Northern Ireland, Scotland, Wales, the Isle of Man or the Channel Islands.
3. You can't transfer your Musicandfilm account to anyone else or let anyone else use your account to buy products from us.
4. We screen all applications for a Musicandfilm account and might not accept yours. If we don't accept it we'll return any money you've sent. We don't process card payments until we've accepted an application.
5. You can cancel your Musicandfilm account after joining and within 10 working days of receiving your Opening Offer. To do this you need to write to us at the address shown in condition 16. Otherwise your account will stay open until it's cancelled and you will have to meet your obligations under the Musicandfilm Agreement as explained in Condition 4 below.
6. In the event that you fail to return the Opening Offer Products (at your expense) we will seek to recover the full cost of the Opening Offer and any associated postage and packing. The goods must be returned to us with all shrink wrap and packaging unopened.
7. If you purchase other Products before we are able to send you the Opening Offer (for example where the Opening Offer contains pre-release Products which are not available at the time of order) you may still cancel your Musicandfilm account without having to meet your obligations under the Musicandfilm Agreement in accordance with conditions 3.4 and 3.5 above.
8. You should let us know if you change your address as soon as you can.

4. The Musicandfilm Agreement - what you have to do

1. As a Musicandfilm customer, you have to buy at least six Products at the Musicandfilm Price (minimum £8.99) from Musicandfilm ex works in Jersey.
   You must buy at least one of those six Products every three months after you join. If you fail to fulfil this agreement by not selecting a Product in any one period of three months, we will recommend a Musicandfilm Selection to you that we think matches your preferences in music or film. If you don't want to receive this Musicandfilm Selection, simply buy any other title from our huge range within the specified time and we will cancel it for you. If we send the Musicandfilm selection, your account will then be charged accordingly.
2. If you don't buy six Products at the Musicandfilm Price within the time period set out in paragraph 4.1 above, or if you cancel your Musicandfilm account before you've bought six Products at the Musicandfilm Price, you'll be liable to an Agreement Fee of £25. This covers the value of the discount received for your account Opening Offer plus the costs associated with setting up and maintaining your Musicandfilm account.
   NB: The Opening Offer, free items or loyalty price products don't count towards the Musicandfilm Agreement.

5. The benefits of a Musicandfilm Account - loyalty pays

1. Once you've bought six Products at the Musicandfilm Price within the agreed Period, you won't be charged any postage and packing on any future orders (unless your opening offer included free delivery for life).
2. You'll continue to get these benefits if you buy at least three Products in each 12 months after you've fulfilled the Musicandfilm Agreement.

6. Orders

1. You can place orders as described in the Musicandfilm catalogue or on the Musicandfilm Website.
2. We'll arrange despatch of orders as soon as possible, unless we let you know that we can't, for example if an item is out of stock or if you are pre-ordering a Product that is not yet available.
3. You must pay with your order and we will process the payment on receipt of the order. Your name and account number must accompany payments so that we can process them correctly. Please write your Musicandfilm account number on the back of cheques.
4. As a Musicandfilm customer, all purchases made by you are completed and performed in Jersey, and Jersey law shall govern every aspect of the contractual agreement concerning purchases made from us.
5. The cost of Products and information on how to pay is shown in the Musicandfilm catalogue and on the Musicandfilm Website.
6. As a Musicandfilm customer you'll be charged for postage and packing (at the following rates: £1 for a single item; £2 for multiple items ordered at the same time) until you've fulfilled the Musicandfilm Agreement. Then postage and packing will be free, subject to condition 5.2 above. If your offer included free delivery for life this clause does not apply. These postage and packing charges will be passed in their entirety to the logistics company collecting the recordings on your behalf.
7. We'll send a delivery note with your order confirming the cost of the Products.

7. Title and Risk

1. All sales are ex works. This means that the sale is completed in Jersey
2. All ownership, title and risk of loss and or damage in your purchase shall pass to you at the point and time at which payment is made for your purchase.

8. Dispatch

1. Unless you notify us at the time of placing an order that you will arrange for your own collection of goods from our place of business in Jersey then we will arrange for the dispatch of your order on your behalf.

9. Customs

1. In respect of all Recordings dispatched on your behalf to an address outside Jersey, you are the importer of record and must comply with all laws and regulations of the country into which the Recordings are delivered.
2. The Recording may be subject to import duties and taxes, which are levied once the package reaches the country of delivery. Any such additional charges levied for customs clearance must be borne by you. You are responsible for these charges and for complying with all laws and regulations of the national Customs Authorities. It is acknowledged by you that we have no control over any additional charges for customs clearance and cannot predict what these may be at any time in the future. Orders may be opened and inspected by Customs Authorities in your country on arrival there.
3. For recordings priced at £18 and above imported by you into the UK, we will, unless you inform us otherwise, arrange for VAT at 17.5% and any applicable Customs duty due on your importation to be paid to HM Revenue and Customs. This procedure is for your convenience only and is specific for the importations you make into the UK. This arrangement does not change any of the relevant terms and conditions mentioned in this document and you may notify us at any time that you do not wish to take advantage of this arrangement. For the avoidance of doubt, you are and will remain the importer of record of all Recordings shipped to an address outside Jersey and remain liable for any import VAT, Customs or other duty chargeable thereon.

10. Returns

1. You can return any Products within 30 days of receipt. EXCEPT those that are part of the Opening Offer or Products sent out before the Opening Offer. These must be returned within 10 working days if you decide you wish to cancel your Musicandfilm account. As long as you return Products within these time limits and you've not removed the shrink wrap, we'll credit your account with the cost of the Products, or return your payment if you are cancelling your Musicandfilm account. We're not liable for the cost of returning Products. We'll charge a £10 administration fee to cover our processing and administration costs if you don't return unwanted Products within the time allowed, or if the shrink wrap has been removed.
2. If a Product is faulty or damaged on delivery, you must return it within 30 days, together with a description of the fault or damage and the information we ask for on the delivery note.
3. We are only liable for faults or damage that happen before delivery. In which case, we'll provide a replacement or a refund (dependent on which you ask for) and send it to you as soon as possible. We'll charge a £10 administration fee to cover our processing and administration costs if we don't accept liability for the faults or damage.
4. If, by mistake, we send a Product or Products that were not on your original order you should return these within 30 days and without removing the shrink wrap and we'll send you the correct ones.
5. Condition 7 doesn't affect your legal rights in any way.
6. You should get a proof of posting from the Post Office for anything you return to us and keep it safe in case of query.

11. Legal costs and charges for late payments

1. If you've fulfilled the Musicandfilm Agreement but haven't paid the total balance on any statement within the set time, you'll be liable to a late payment fee of £5. If your payment is rejected for any reason, (by way of example only, if your cheque bounces) you'll be liable to an administration fee of £10 to cover the processing and administration costs we incur. We reserve the right to alter these amounts. You'll only have to pay this if you don't pay the closing balance on the overdue statement by the date on our notification. If you haven't fulfilled the Musicandfilm Agreement and haven't paid the total balance on a statement by the date on our notification, you'll be liable to pay the Agreement Fee described under Condition 4.
2. Unless prevented by law, if we start any court proceedings to recover money owed by you to us to legally enforce our rights under these Terms and Conditions, you'll have to pay all reasonable and legitimate costs and expenses we incur for any advice we receive on the proceedings. You'll also have to pay any court fees we've had to pay. Your liability for these costs and expenses is separate from any order the court makes for costs to be paid.

12. Products not received by you

1. If a product you have ordered is not received by you, you should contact our Customer Services Department on 0871 222 0111* as soon as possible.

13. Cancelling your Musicandfilm account

1. We may cancel your Musicandfilm account at any time by sending seven days' written notice to the last address we have for you.
2. You can cancel your Musicandfilm account by writing to our Customer Services Department at the address in Condition 19.
3. If you cancel your Musicandfilm account before the Minimum Term you'll be liable to an Agreement Fee, described in Condition 4.

14. Data protection - information about you

1. UGD J is notified under Jersey's Data Protection Laws and we promise to meet internationally recognised standards for protecting privacy by fully complying with these requirements. When you apply for a Musicandfilm account you give us permission to give your details to credit reference agencies and to receive and hold information about you from them. These agencies may record details of our enquiry and their reply. We may also give details of how you manage your account to credit reference agencies and to other companies within our group. This information may be used to assess future credit applications, occasionally to trace debts and prevent fraud and, in the case of other companies within the group, to let you know about products or services of interest. We may also give your details to other companies with products or services we think might interest you.
2. If you don't want us to give your details to other companies for marketing please write to us at the address in Condition 16, quoting Department DPA.
3. For full details of how we use your data please read our Privacy Policy on the Musicandfilm Website, or write to us at the address in Condition 19, quoting Department DPA.

15. Intellectual Property and Copyright

1. Copyright laws apply to the Products we supply and to the artwork on the packaging. You'll be in breach of copyright law if you broadcast, copy or perform the material on the Products, or copy the artwork, without the copyright holder's permission.

16. Limitation of liability

1. Our liability to you for breaking any of these Terms and Conditions is limited to refunding any money you've already paid for Products that you haven't received or that you've returned within the agreed time scales and in the required condition. So far as the law allows, we won't be liable for any other loss or damages.

17. Unenforced Rights

1. If we choose not to exercise any of our rights under these Terms and Conditions, or we put off exercising them, this won't prevent us from exercising any of them in the future.

18. Separate Terms and Conditions

1. If any part of these Terms and Conditions can't be enforced, it will be considered dropped from the agreement between you and us, but all other Terms and Conditions will stay in force.

19. Contacting us
    
    Contact our Customer Services Department at:
    Musicandfilm
    PO Box 674
    JerseyJE4 6UG
    Telephone: 0871 222 0111*
    E-mail: help@musicandfilm.com
    Fax: 0871 222 0777
    
    
20. Alternative fulfilment

1. Musicandfilm reserves the right to fulfil any order for a Recording placed by you, by the provision and/or arrangement for the collection of the Recording by any other company for and/or on behalf of Musicandfilm.

21. Governing law

1. Your relationship with us is governed by and construed in accordance with the laws of Jersey. You agree as we do to submit to the exclusive jurisdiction of the courts of the Island of Jersey, subject to our right to commence proceedings against you in any other court of competent jurisdiction.

· Musicandfilm is a trading division of UGD J Ltd. Registered Office: 3 Old Street, St Helier, Jersey, JE2 3RG. Registered in Jersey: 89255.


*All calls will cost a maximum of 10.5p per minute from a BT Landline, calls from non-BT networks and mobiles may vary.