IMPORTANT:

YOU MUST READ THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE ACCESSING AND USING THE WEB SITE. BY ACCESSING AND USING THE WEB SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE ACCESS OR USE THE WEB SITE.

1. Definitions: "Information" means all material delivered by Big Finish Productions Ltd. (BFP) through this web site (the "Web Site"). "User" means you, the Web Site end-user. "Contract" means this Web Site agreement.

2. Warranty: THE WEB SITE AND THE INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND BFP MAKES NO WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE INFORMATION OR THE WEB SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF COMPLETENESS, ACCURACY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

3. Liability: THE USER AGREES THAT, EXCEPT FOR DEATH AND PERSONAL INJURY ARISING FROM THE NEGLIGENCE OF BFP, BFP SHALL NOT BE LIABLE IN CONTRACT, TORT, NEGLIGENCE, STATUTORY DUTY OR OTHERWISE, FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH THIS CONTRACT, INCLUDING WITHOUT LIMITATION, DAMAGE FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS (EVEN WHERE BFP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE).

4. Use of the Big Finish Web Site

4.1 Use: Subject to these Terms and Conditions, we authorise the User to access and make use of the Big Finish Productions Web Site for personal use only.

4.2 Accuracy of content: We reserve the right to change the content of the Big Finish Productions Web Site at any time. Although we try to keep the information on the Big Finish Productions Web Site up‑to‑date, we make no representations, warranties or guarantees that the content on it is accurate or complete, or that it will be free from errors or omissions.

4.3 Maintenance and access: The User acknowledges: (a) that it is technically impossible to provide the Web Site free of faults and that BFP does not undertake to do so; (b) that faults may lead to temporary unavailability of the Web Site; and (c) that the operation of the Web Site may be adversely affected by conditions and performances outside BFP's control.

4.4 Your computer equipment: The User is responsible for configuring their information technology, computer programs, apps, platform and virus protection software in order to access the Big Finish Productions Web Site.

4.5. Links: Sometimes BFP may include links to other non‑Big Finish Productions web sites. BFP is not necessarily affiliated with these web sites and is not responsible for their content ("Linked Sites"). The Linked Sites are for User convenience only and are accessed at the User’s own risk.

4.6 Intellectual Property: The User acknowledges that all copyright, trademarks and all other intellectual property rights in the Information shall remain vested in BFP or its licensors including BBC Television, BBC Studios, ITV Studios, The Nation Estate etc.

4.7. Privacy Policy: All personal information, including the collection of cookies, is dealt with in accordance with our Privacy Policy.

4.8 Improper use of the Web Site/Indemnification:

The User undertakes:

(a) not to use the Information for any unlawful purpose;

(b) that it shall not make any use of the Web Site so that the Web Site is interrupted, damaged, rendered less efficient, or the functionality of the Web Site is in any way impaired;

(c) not to use the Web Site for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety;

(d) not to use the Web Site in a manner which constitutes a violation or infringement of any person, firm or company (including but not limited to rights of copyright or confidentiality);

(e) that it shall not use the Web Site to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of BFP unless such transmission has been specifically requested by another user of the Web Site; and

(f) that in the event that it has any right, claim or action against any other user arising out of the use of the Web Site it shall pursue such right, claim or action independently of, and without recourse to, BFP. The User will indemnify and defend BFP against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of this Contract or any use of the Information or the Web Site by the User. The User acknowledges that BFP has no control over the nature or content of information or programs transmitted or received by the User using the Web Site and that BFP does not examine in any way the use to which the User puts the Web Site. The User agrees to fully indemnify BFP against any claims or legal proceedings arising in connection with User's use of the Web Site which are brought or threatened against BFP by any other person.

In the event these terms are breached, the User’s right to use the Big Finish Productions Web Site will cease immediately.

5. Rights Granted/Rights Reserved: Big Finish Productions provides the Information to the User solely for the personal purposes of the User and the User may download the Information onto only one computer hard drive for such purpose. The Information may not be used for any other purpose including, publication, reproduction, or transmission without the express written permission of BFP, subject to which the User may upload and / or send material derived from the Information or other material to BFP. By uploading or sending any material to BFP the User thereby grants to BFP an irrevocable, unconditional worldwide, royalty free licence to use such material or any part of it in perpetuity in any and all media and in any manner it may determine in its sole discretion. Furthermore, the User thereby waives all so-called moral rights or other such similar rights in such material.

6. Becoming a Customer

6.1 Registering on the Big Finish Productions Web Site: To place an order on the Big Finish Productions Web Site a User must first register as a customer. In order to register as a customer a User must:

• be over 18 years of age;
• provide a true name and email address and any other details requested
• in the event that a User wishes to make a financial transaction, they will be required to provide BFP with a valid billing address.

6.2 Username and passwords: Users will be responsible for all activities and orders made using these details, and therefore these details must be kept confidential and not shared with others. Users who suspect someone else may either know or be using your username and password should contact BFP immediately at [email protected].

6.3 Right to decline registration or order: BFP reserve the right to decline a new customer registration or order, or to suspend or disable a User account at any time and at our discretion.

7. Purchases, pricing and payment

7.1 Customer Privacy: All orders are placed via a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, all of the customer data BFP collect is protected against unauthorised access. We take your privacy very seriously and are registered under the Data Protection Act 1998 and compliant with the General Data Protection Regulation (“GDPR”) which has been in place since May 2018. Any personal information supplied by you as part of any registration process and/or other interaction with our services will be collected, stored and used in accordance with our Privacy Policy. By using our services you consent to such collection and processing and you promise that all data provided by you is accurate. BFP does not sell, trade, or rent your personal information to others. BFP may release account information when we believe, in good faith, that such release is reasonably necessary to (i) comply with law, (ii) enforce or apply the terms of any of our user agreements or (iii) protect the rights, property or safety of BFP, our users, or others.

7.2 Order acknowledgement: Once you have placed an order on the Big Finish Productions Web Site, we will send you an order acknowledgement by email setting out the item(s) you have ordered. This is an order acknowledgement only and not an acceptance of your order by us.

7.3 Formation of contract: A legally binding contract between BFP and the User and will only be formed when we email you to confirm that the items you ordered have been dispatched, or in the case of downloads that your order status is displayed as “Completed & items ready for download”. The contract will be formed in, and subject to the laws of, England.

7.4 Availability: If, for any reason, BFP are unable to supply a particular item, BFP will not be liable to the User except to ensure that the User is not charged for that item. To ensure availability of all our items, we may place restrictions on how many units of a particular item you can order at a time. We reserve the right to withdraw any item from sale for any reason.

7.5 Pricing errors: BFP reserve the right to change prices on the Big Finish Productions Web Site at any time without notice to the User. BFP make every effort to ensure that prices shown are accurate when the order is placed. If within 14 days of you placing your order on the Big Finish Productions Web Site, a pricing error is found in respect of any of the items you have ordered but which have not yet been dispatched, we will notify you as soon as possible and offer you the option of:

• placing a new order at the correct price for the mis-priced item(s);
• cancelling your order for the mis-priced item(s); or
• cancelling the whole of your order.

If, within 7 days of receipt of our notice to the User, they have not responded by selecting one of the available options above then:

• if all of the items the User has ordered are found to be mis-priced, the entire order will be cancelled and we will refund or re-credit you for any sum you have paid for those items; or
• if only some of the items the User has ordered are found to be mis-priced, we will deliver the correctly priced items but we will not supply you with the mis-priced items.

In these circumstances BFP will refund any sum the User has paid for the mis-priced items.

7.6 Method of payment: Users must pay for your order using a credit or debit card (via Opayo, formerly SagePay) or PayPal. If an exchange rate is applicable then the User’s card provider will determine the rate of exchange and may add an administration charge which the User will be liable to pay. BFP reserve the right to refuse to accept certain payment cards from time to time without notice.

From November 2022, Big Finish Gift Cards are also accepted as payment for orders placed online at bigfinish.com. Gift cards can be redeemed at checkout in full or part-payment of any order. Any remaining balance can be applied to a different order. Only one gift card can be used per order. The currency of the gift card must match the currency of the purchase. Gift cards are valid for 24 months from date of purchase.

7.7 Debit of payment: Payment will be debited from the User’s account upon submission of their order online. This is not when the contract between Big Finish Productions and the User is formed (see section 7.3 above).

7.8 Overseas orders: When ordering products from Big Finish Productions for delivery outside of mainland UK, users may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by the User; BFP have no control over these charges.

8. Cancelling Your Order

8.1 Cancelling an order prior to delivery: Users can do this by contacting our Sales team by email or telephone: [email protected], or on +44 1628 824102. (see also Contact Us).

If at the time of cancellation, the item(s) has not been despatched BFP will cancel the order and the full price paid will be refunded.

8.2 Change of mind: Other than in the case of the excluded items listed at term 8.3 below, Users are entitled to change their mind and cancel their order for any reason within 30 calendar days after delivery for an exchange or full refund.

8.3 Excluded items: The right to return an item does not apply to certain items unless these items are faulty or damaged on delivery, or mis‑described. These items are:

• CDs and DVDs: sealed audio or video recordings if unsealed by the User after delivery. Such items may be restricted to an exchange for the same title to reduce the risk of unlicensed copying.
• Digital files: including but not limited to mp3, m4b and ebook formats which are not supplied on a tangible medium (e.g. on a CD or DVD) in the event BFP systems indicate that the digital assets have been accessed for download by the User.

8.4 Voluntary returns: Without prejudice to the User’s statutory rights, Big Finish Productions provides the following voluntary returns guarantee:

All products from the Big Finish Productions Web Site can be returned within 30 days of receipt of the products to Big Finish Productions if the products are complete and are in an unused and undamaged condition. For shrink-wrapped and/or sealed data media (for example CDs) this means that we only take back the products in the unopened shrink wrap film or with an undamaged seal. This voluntary returns guarantee does not apply to digital products which are not supplied on a tangible medium (e.g. on a CD).

8.5 Costs incurred in returning item: Users will be responsible for the cost of returning any item(s) which are not damaged, faulty or mis-described.

9. Third Party Information: The User further acknowledges that some of the Information, for example software, is supplied to BFP by third parties and accordingly BFP offers no warranty of whatever nature in relation to such Information.

10. Suspension and Termination: BFP shall have the right to immediately terminate this Contract and/or suspend the Web Site if the User commits a breach of these terms and conditions.

11. User Data: BFP reserves the right to include the name, address and other relevant information relating to the User in a directory for the use of BFP to PO Box 1123, Maidenhead, Berkshire SL6 3LW, unless specifically requested by the User in writing not to do so. For further details, please read our Privacy Policy.

12. Changes to the Terms and Conditions: BFP reserves the right to change these terms and conditions from time to time by placing a note of such change in this file, and the User's continued use of the Web Site following notice of such change shall be deemed to be the User's acceptance of any such change. It is the User's responsibility to check this file regularly to determine whether this Contract has been changed. If the User does not agree to any change to the terms and conditions of this Contract then the User must immediately stop using the Web Site.

13. Severability: Each provision of this Contract excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Contract.

14. No Waiver: No waiver by BFP shall be construed as a waiver of any proceeding or succeeding breach of any provision.

15. Choice of Law: This Contract shall be governed by English law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the English Courts.

This page last updated: 14th November 2022