1.1 These Terms and Conditions govern your use of the Cinema Paradiso service and website. They form a contract between you and Pace e Solutions Limited, trading as Cinema Paradiso, registered in England and Wales (company number 4350037) in relation to the DVD and Blu-ray rental service. Our correspondence address is Cinema Paradiso, Unit 2 Worton Court, Worton Road, TW7 6ER United Kingdom. Please see clause 18 for our registered office.
1.2 By using the Cinema Paradiso service you agree to these Terms and Conditions,
and confirm that you are aged 18 years or over. Persons under the age of 18 are
not permited to join Cinema Paradiso. In order to use Cinema Paradiso services,
you agree to:
(i) Provide true, accurate, current and correct information about yourself when subscribing to the Cinema Paradiso DVD and Blu-ray rental service.
(ii) Keep your payment details up to date and to ensure that your credit/debit card has sufficient funds to allow us to take payments.
(iii) Not to cancel or withdraw authorization for payment to be taken from your credit/debit card without first having cancelled your subscription in accordance with Clause 6.1 below and having paid all outstanding charges due to Cinema Paradiso.
(iv) Maintain and promptly update the registration data to keep it true, accurate, current and complete. You can maintain and update your information on the ‘My Account’ page.
(v) Not use the Cinema Paradiso service if you do not agree with the Terms and Conditions.
If you do not agree to these Terms and Conditions, you must exit our website immediately and not use Cinema Paradiso products or services.
2.1 Any changes to the Terms and Conditions may be reviewed and edited in accordance with potential changes to our business structure and as required by law.
2.2 Cinema Paradiso reserves the right to change its Terms and Conditions at any time with or without notice to you. The most current version of the Terms and Conditions can be reviewed by clicking on the ‘Terms and Conditions’ hyperlink located in the footer of our website. It is, however, your responsibility to check the Terms and Conditions on each occasion you access the website.
2.3 The most current version of the Terms and Conditions will supersede all previous versions. Your use of the Cinema Paradiso website after changes are made means that you agree to be bound by such changes.
3.1 We encourage the use of our service through free trials. To view the specific details regarding your free trial, if any, click on the "My Account" link located at the top of every Cinema Paradiso's web site page.
3.2 The free trial is only available to first time and eligible new subscribers and cannot be combined with any other offer. Only one free trial may be redeemed per person or per household. You must have internet access and a valid credit/debit card to redeem a free trial offer.
3.3 Upon registering for your free trial, your credit/debit card will be authorized for the amount and duration of your subscription fee as chosen by you at the time of signing up In some instances, your available balance or credit limit may reflect the authorisation; however, no charges will be made against your credit/debit card unless you do not cancel prior to the end of your free trial period.
3.4 Your membership will automatically become active once we have verified your details and you have created My Rental List.
3.5 At the end of your free trial period you will automatically become a full paying subscriber, unless you cancel your membership. Otherwise we will begin charging your credit/debit card for your subscription fee according to the subscription level and duration you selected when signing up. To avoid charges to your credit/debit card you must cancel your membership before the end of the free trial offer. For more information on how to cancel please see the Cancellation Terms and Conditions as stated below.
3.6 To protect us from theft and fraud we will require proof of posting for any disc that was dispatched to you during your free trial and subsequently reported as lost while in transit from you to us. For more information on lost discs please see Clause 10 below.
4.1 As a subscriber to Cinema Paradiso, you are expressly agreeing that we are permitted to charge your chosen credit/debit card for your chosen subscription fee and any other charges that you may have incurred in connection with your use of the Cinema Paradiso service as are set out in these Terms and Conditions or any variation of them.
4.2 The subscription fee will be billed at the beginning of your subscription and on each monthly/six monthly/yearly renewal thereafter unless and until you cancel, and regardless of how often you use the service. We will automatically charge your credit/debit card each billing period on or after the calendar day corresponding to the commencement of your subscription. Please note: All fees and charges are non-refundable.
4.3 You must keep your credit/debit card details up to date so that we can successfully process your subscription fees and, or any other fees you may have incurred. We will send you reminders to update your credit/debit card, e.g. prior to the card's expiry date and if the payment for your subscription has been declined. You can check your next billing date by clicking on 'My Account'.
4.4 If we are unable to successfully charge your credit/debit card with any fees due to your account, and in accordance to our Terms and Conditions, within 28 days of the due date, we may engage a debt recovery agent to recover any fees due, including any costs and expenses incurred as a result of taking such action and pending payment being made, your ability to rent Discs will be suspended. Membership will not automatically be terminated and Cinema Paradiso may continue to charge you your subscription fee until you cancel your subscription in accordance with Clause 6.1 and all outstanding payments have been settled in full.
4.5 You agree not to hold us responsible for any banking or credit/debit card charges incurred by you due to payments on your account.
4.6 Cinema Paradiso reserves the right to take a refundable deposit of £10.00 per DVD and £17.50 per Blu-ray disc from any customer where our records show that 5 discs or more have been reported to us as lost or with a problem but not received by us before any future orders are processed.
4.7 Interest will run on all overdue accounts at the rate of 8% per annum from the date that payment first became due to the date that payment is actually received by Cinema Paradiso in cleared funds.
5.1 You may upgrade or downgrade your Cinema Paradiso subscription level at any time. To do this go to the ‘My Account’ page and click ‘Change’ Membership level, alternatively consult our FAQ page.
5.2 Upgrading or downgrading your membership level will take effect immediately, but please note that this may change your billing date.
5.3 Account Freeze. You may freeze your account for up to twelve (12) weeks in total during any calendar year. We will suspend your subscription for the period specified by you. Any disc(s) currently dispatched to you must be returned to us within 3 days after the date on which you wish to begin your account freeze. If we receive the discs after this date, your account will still be placed on freeze and, at the reactivation of your account, the number of days that the discs were late will be deducted from the total number of your freeze days and next payment date will be changed accordingly. If the freeze date falls on the same day as your scheduled subscription payment date, the payment will be taken first then account will be placed on freeze.
6.1 You may cancel your subscription with Cinema Paradiso at any time. Cancellation request must be via the website www.cinemaparadiso.co.uk. To cancel, customers must notify us online via 'My Account' page and ‘Cancel my subscription’ link. This activity is tracked on customer’s account history. Immediately upon requesting cancellation no more disc(s) will be dispatched to you, unless they are being processed by our warehouse and your card will be charged for another paying period if these are received after your next scheduled billing date as stated in your cancellation email and cancellation form. We are unable to accept or guarantee cancellation request via email or by letter (either posted or included with discs).
6.3 Please note that we do not provide refunds or credits for any partial subscription periods or unwatched disc(s).
6.4 All outstanding disc(s) must be received by us, in good condition, before your next billing date or before the end of your free trial following your cancellation request. Failure to return these disc(s) by this date, will keep your account active and the membership fee will continue to be charged to your card.
6.5 It is your responsibility to ensure that we have received all outstanding disc(s) within the time specified in 6.4. We recommend posting them at least 5 working days prior to your Billing Date. When returning discs and cancelling your account, we advise obtaining a certificate of posting free of charge from your local Post Office to avoid problems.
6.6 Once we have received all outstanding disc(s) your membership will then be cancelled
and an email confirmation sent to you. We reserve the right to charge you a replacement
cost of £10.00 for each non returned or damaged disc and £17.50 for each non returned
or damaged Blu-ray or HD-DVD disc.
We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these terms. If we terminate your use of our service as a result of a breach of any obligation under these terms, such termination would be immediate and without notice. In this event we would give you seven days to return our discs and failure to return these discs would incur charges, as described under 'cancellation' above. If we terminate your use of our service for any other reason or no given reason, then we would give you 30 days notice of termination and would expect you to return our discs within the 30 day notice period. In this event failure to return the discs within the notice period would incur charges, as described under this Clause 6.
7.1 If you have just subscribed with Cinema Paradiso and subsequently have changed
your mind about subscribing, you may in certain circumstances be able to cancel
your membership and receive a full refund of your first month's subscription fee.
Under the Consumer Protection (Distance Selling) Regulation Act (2000), you are
entitled to a seven (7) working day cooling-off period. During this time you have
the right to cancel your contract without penalty. However, the cooling-off period
and the right to cancel does not apply if you begin to use the Cinema Paradiso service
before the end of the cooling-off period. When you sign up for the Cinema Paradiso
service, we will process your membership and will normally begin the service well
within the seven working day period described above. Hence, you will be entitled
to receive full reimbursement of the subscription fee only if we receive your cancellation
before any of the following occurs:
(i) at least one disc from My Rental List has a dispatch date
(ii) at least one disc from My Rental List is marked as ‘Allocated’
(iii) we have processed your request to change the Membership Level
To find out more about your right to cancel within the seven (7) working day cooling off period please visit the Department of Trade and Industry's website
8.1 disc(s) can only be delivered within the United Kingdom (including Northern Ireland and BFPO (British Forces Post Office) addresses); this excludes PO Box addresses.
8.2 We currently use the Royal Mail, first-class prepaid postage, to deliver and
return the disc(s). Actual delivery times may vary for you depending on:
(i) our stock availability,
(ii) your delivery address,
(iii) when you make your selection, and
(iv) circumstances impacting delivery by Royal Mail.
8.3 On the same day that we receive a disc from you, we will dispatch the next available disc from My Rental List, in accordance with the conditions stated above. We do not process returns or deliveries on Saturdays, Sundays or Bank Holidays. You will receive an e-mail letting you know when we have dispatched your next disc. We however, do operate a fair use policy that aims to ensure a balanced experience for all our members. This means that we give priority to members who don't rent high numbers of discs from us. Therefore, members who rent the most discs from us might experience lower mailing priority. By allocating discs in this way we ensure a fair system for all Cinema Paradiso members. We reserve the right to vary our allocation criteria from time to time to ensure the greatest possible level of fairness.
8.4 We aim to send you the disc(s) as prioritised in your Wish List. However, Cinema
Paradiso cannot guarantee when, or if the disc(s) on My Rental List will become available.
8.5 Cinema Paradiso will not be held responsible for any delays, outside its control, which relate to the mailing or delivery of disc(s), e.g. circumstances impacting delivery by Royal Mail.
8.6 Please allow at least five (5) working days before reporting the disc as ‘not received’ by you from us, and simultaneously disc(s) which appear on your dispatched list, but have been sent by you to us, but not received by us from you.
8.7 We provide you with one addressed, prepaid first-class peel and seal reply envelope
per disc sent, to allow you to return the disc. If you lose the prepaid envelope
please return the disc to us by placing the disc in the plastic case provided, putting
it into a standard envelope and posting it to:
Unit 2, Worton Court
Worton Road, Isleworth
8.8 In the case that you lose the plastic disc case, please ensure that the disc does not get damaged in the post by returning it in adequate protective packaging, i.e. in a padded envelope preferably with some thick cardboard to prevent the disc from bending. Please post the disc to the address above and make sure that you include a note with your name and email address used for your Cinema Paradiso account so that we can promptly match the returned disc to your account.
8.9 In the case of damage you agree that Cinema Paradiso may charge you £10.00 per DVD disc and £17.50 per Blu-ray or HD-DVD disc.
9.1 Copying, or reproducing any Cinema Paradiso disc(s) is strictly prohibited.
9.2 disc(s) sent to you by us remain the property of Cinema Paradiso at all times
9.3 You may not sell, lease, license, hire out for any reward or commercially exploit any Cinema Paradiso disc(s).
9.4 The Cinema Paradiso DVD and Blu-ray rental service is only available to persons aged 18 or over. If you are requesting a disc for any other person, (including a minor) you agree to adhere to the applicable film classification applied to that disc by the British Board of Film Classification. We urge you to act responsibly when choosing a disc for viewing by someone else in your household, especially a minor.
9.5 You agree to treat the disc(s) and their associated packaging with the utmost care at all times. You agree that you may need to compensate Cinema Paradiso for any disc lost or returned in an unacceptable condition (beyond reasonable wear and tear) - and that you allow Cinema Paradiso to charge such compensation to your credit/debit card. We will charge you £10.00 per damaged or lost DVD disc or £17.50 per damaged or lost Blu-ray or HD-DVD disc.
9.6 Cinema Paradiso will not be held liable for any disc(s) which are sent to us in error. Where possible, we will try to return these items, but are unable to compensate you for the loss of such items.
9.7 If any disc sent by us to you is defective you agree to notify us immediately via our website. You agree to return the defective disc to us within five (5) working days. In turn, following notification, we will send you another disc of the same title, or if currently unavailable another item from My Rental List. Your failure to adhere to these conditions may result in your credit/debit card being charged £10.00 per unreturned defective DVD disc and £17.50 per unreturned defective Blu-ray or HD-DVD disc.
9.8 In a rare event that the number of discs reported as problem on your account becomes excessive, as we may determine in our sole and absolute discretion, will result in removal of the complimentary rental credits applied. In such case we also reserve the right to cancel your membership.
10.1 We understand that very occasionally discs can get lost in the post. You agree to notify us promptly if you have not received or we have not received any of the discs that are shown in your dispatched list either being sent from us to you or from you to us within 10 working days from posting. As previously stated please allow five (5) working days before reporting the disc as lost in the post being sent either from you to us or from us to you. In this context "working day" means Mondays – Fridays.
10.2 You may be charged for discs that you lose. As an additional member benefit, we will replace the occasional lost disc free of charge. However, in the rare event that the number of lost discs on your account becomes excessive, as we may determine in our sole and absolute discretion, we will notify you that your account has been placed on hold for review and may charge your card £10.00 per lost DVD disc and £17.50 per lost Blu-ray or HD-DVD disc. In the event that your account shows that 5 or more discs have been reported as lost or defective or with any other problem but not received by us, then the provisions of Clause 4.6 shall apply and we may charge a refundable deposit of £10.00 per DVD or £17.50 per Blu-ray disc before any future orders are processed . The deposit will be refunded upon safe return of these Disc(s) to us or lost in the post process has been successfully completed as stated in Clause 10.3
10.3 For the discs that have been reported as lost, you are obliged to comply with either Royal Mail's claim compensation process or Cinema Paradiso’s process. Failure to fully comply with these processes, as amended from time to time, will result in your card being charged £10.00 per lost DVD disc and £17.50 per lost Blu-ray or HD-DVD disc.
10.4 In some cases we may request that you take a proof of posting (Freely obtainable from any Post Office) for discs you send to us. In this case we will notify you either via e-mail or via our website. Failure to provide proof of posting if requested by us will automatically result in your card being charged £10.00 per DVD disc and £17.50 per Blu-ray or HD-DVD disc.
10.5 We also reserve the right to cancel your membership indefinitely.
11.1 All the material on this website is owned by Cinema Paradiso unless otherwise indicated. You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited.
12.1 Cinema Paradiso permits subscribed customers to post reviews on the Cinema Paradiso website and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable.
12.2 Cinema Paradiso reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. Any opinions, advice, statements, or other information submitted by customers on the Cinema Paradiso website are those of the respective authors and not of Cinema Paradiso.
12.3 Under no circumstances shall Cinema Paradiso be held liable for any loss or damage caused by your reliance on information obtained through the Cinema Paradiso website. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Cinema Paradiso website.
12.4 By posting a review or submitting material to Cinema Paradiso, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, distribute, and display such content, and to modify or improve the Cinema Paradiso website.
13.1 You are responsible for maintaining the confidentiality of your username and password. Cinema Paradiso recommends that you memorize this information, but do not write it down.
13.2 You agree to immediately notify Cinema Paradiso of any unauthorised use of your account or any other breach of security related to the services.
13.3 Cinema Paradiso cannot and will not be liable for any loss or damage arising from your failure to adequately safeguard you log in details, or to otherwise comply with this section.
14.1 This website was created and is controlled by Cinema Paradiso. Your use of this site is governed by, construed and enforced in accordance with English law as are all contractual obligations entered into by you with Cinema Paradiso. You agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these Terms and Conditions. If you have any questions relating to the Cinema Paradiso service, please contact us.
15.1 We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
16.1 Some of the hyperlinks and banners on the Cinema Paradiso Web site may lead to other Web sites that are not controlled by, or affiliated with, Cinema Paradiso. In addition, other Web sites may link to the Cinema Paradiso site. Cinema Paradiso has not reviewed these Web sites and is not responsible for the content or privacy policies of these Web sites.
17.1 Friends for Films referral programme is available to full paying members of Cinema Paradiso only
17.2. Members of this programme will accrue credit on Cinema Paradiso account by referring new members to the service according to the programme offer described on the Website or on any print material published by Cinema Paradiso.
17.3. Cinema Paradiso reserves the right to audit your membership, including your referrals from time to time to check fraud, breach of this agreement or any illegal activity.
17.4. Members may not use spam to obtain referrals. You may not use spam to gather referrals, Spam includes: (a) Unsolicited email, i.e., email sent to people you do not know personally, unless those people have expressly asked to receive email announcing programs of this type; (b) Mass, bulk or "junk" emails of any kind, unless those people have expressly asked to receive email announcing programs of this type; (c) Use the net, chat room or message board postings that are unrelated to the topic of discussion of the particular news group, chat room or message board.
17.5. If Cinema Paradiso has reasonable evidence that a particular member has used spam to gain referrals, it has the right to terminate the spammers' membership. In addition the member may be subject to legal consequences under the law applicable.
17.6. You agree not to make any misrepresentations to any members' referrals or potential referrals regarding the Friends for Films programme or Cinema Paradiso, including, but not limited to statements with respect to compensation typically received by members of the program or with the compensation that potential members are likely to receive.
17.7. Cinema Paradiso may terminate the Friends for Films programme at any time, by posting the termination on the website and sending an email to your email provided while registering for the service. It is your responsibility to inform us if your e-mail address changes. You will cease to accrue earnings from the programme as of the date of the termination notice.
17.8. Cinema Paradiso may terminate your membership without prior notice of your
Material Breach of this agreement. Material Breach includes:
(i) Any violation of any of the provisions of this agreement;
(ii) Acting unlawfully in relationship to Cinema Paradiso or the website.
(iii) If there is a breach of our Anti-Spam Policy.
(iv) For providing incomplete, false, bogus or otherwise incorrect information to us.
(v) Creating duplicate or illegal memberships.
(vi) Acting in a defamatory or malicious manner towards Cinema Paradiso or any of its servants and/or agents.
(vii) For any other reason if you are in the breach of Cinema Paradiso general terms and conditions.
17.9. If your membership is terminated either by you or Cinema Paradiso due to Material Breach of this agreement, as stated above, your accrued earnings balance will be forfeited, and you will not accrue any further earnings following the termination of your membership. You may not reinstate or join our DVD and Blu-ray rental service unless formally invited to do so by Cinema Paradiso.
17.10. If you cancel your Cinema Paradiso membership, you will not accrue any further earnings following the termination of your membership. Any credit will be kept on your Cinema Paradiso account for 120 days after which it will expire.
17.11. Memberships are not transferable: Your membership, password and accrued earnings are personal to you and are not transferable. You may not allow anyone else to use your password, earnings or membership. You may not use anyone else's password or membership or act to accrue earnings for anyone else. You are responsible for keeping your password secret. Cinema Paradiso is not liable far any damage caused by any disclosure of your password. You may create a membership only for yourself; you may not establish Membership on behalf of anyone else.
18. Contact Details
18.1 All correspondence to Cinema Paradiso including the use of our service or queries related to this terms and conditions should be sent to our correspondence address as set in clause 1. Cinema Paradiso’s registered office is located at Unit 2 Worton Court, Worton Road, TW7 6ER United Kingdom, United Kingdom. The VAT number is 784004340
Last updated October 2016