Terms & Conditions

			
			
				
			
			
		
Part 1:  WEBSITE TERMS
OF USE
1.            INFORMATION
ABOUT OUR TERMS OF USE
1.1         These terms
of use ('Terms') set out the rules for using our website www.Zavvi.com  ('Website').
1.2         By using
the Website you agree that you accept these Terms and that you will comply with
them.
1.3         If you do
not agree to these Terms, you must not access or use the Website.
1.4         Please read
these Terms carefully and print a copy for your future reference as we will not
file a copy of these Terms and may also update them from time to time. If you
have any queries then please contact us.
2.            WHO WE
ARE AND HOW TO CONTACT US
Who we are
2.1         www.Zavvi.com
is a Website owned and operated by us, ZAVVIGROUP Limited (trading as Zavvi)
('we', 'us' or 'our').
2.2         We are a
limited company registered in England and Wales under company number 14853796.
Our registered office address and main trading address is at Avengers
Towers, Road One, Winsford Industrial Estate, Winsford, CW7 3PZ. Our VAT number is GB 442 3812 13.
How can I contact you?
2.3         To contact
us, please contact our customer services team by logging on to your account via
our Help Centre [or alternatively Zavvi Social Media].
2.4         If you
would like to make a complaint or feel that any material appearing on the
Website is offensive, objectionable or potentially defamatory please contact us
via the details in section 2.3 above and provide full details of the nature of
your complaint and the materials to which the complaint relates.
3.            OTHER
TERMS THAT MAY APPLY TO YOU
Are there any other terms which apply when I use the
Website?
3.1         These Terms
refer to the following additional terms and conditions, which also apply to
your use of our Website:
•             Our
Privacy Policy. Please see section 8 (How we may use your personal information)
for further information about this.
•             Our
Cookie Policy, which sets out information about the cookies on our Website.
Are there any other terms which could apply to me?
3.2         If you are
buying goods or services from our Website then our Terms and Conditions of Sale
will apply to the sale of those goods and services to you.
3.3         If you are
entering competitions on our Website then our Competition Terms will also apply
to your entry into the competition.
4.            WE MAY
MAKE CHANGES TO THESE TERMS
Our right to make changes to the Terms
4.1         We may
update these Terms from time to time. We will give you reasonable notice of any
major changes via a suitable announcement on the Website.
When will the changes apply?
4.2         The changes
will apply to your use of the Website after we have given such announcement.
What should I do if I don’t want to accept the changes?
4.3         If you do
not wish to accept the new terms you should not continue to use the Website. If
you continue to use the Website after the date on which the change comes into
effect, your use of the Website indicates your agreement to be bound by the new
terms.
4.4         Please
check these Terms to ensure you understand the terms and conditions that apply
at that time.
5.            WE MAY
MAKE CHANGES TO THE WEBSITE
We may update and change the Website from time to time. We
will try to give you reasonable notice of any major changes.
6.            USE OF
OUR WEBSITE
You must keep your account details safe
6.1         If you
choose, or you are provided with, a user identification code, password or any
other piece of information as part of our security procedures, you must treat
such information as confidential. You must not disclose it to any third party.
We may disable access to your account
6.2         We have the
right to disable any user identification code or password, whether chosen by
you or allocated by us, at any time, if in our reasonable opinion you have
failed to comply with any of these Terms.
6.3         If you know
or suspect that anyone other than you knows your user identification code or
password, you must promptly notify us at Zavvi.
Your use of the Website
6.4         We only
provide the Website for domestic and private use. You agree not to use the
Website for any commercial or business purposes.
6.5         The Website
may only be used for lawful purposes. You agree to comply with all applicable
laws and regulations regarding the Website and its use.
6.6         You may
retrieve and display the content of the Website on a computer screen, store
such content in electronic form on disk (but not any server or other storage
device connected to a network) or print one copy of such content for your own
personal, non-commercial use. You may not otherwise reproduce, modify, copy or
distribute or use for commercial purposes any of the materials or content on
the Website.
6.7         Our status
(and that of any identified contributors) as the authors of content on the
Website must always be acknowledged.
What can’t I do?
6.8         You must
not knowingly:
•             upload or
transmit through the Website any computer viruses, Trojans, worms, logic bombs
or anything else designed to interfere with, interrupt or disrupt the normal
operating procedures of a computer;
•             upload or
transmit through the Website any material which is defamatory, offensive or of
an obscene character;
•             attempt
to gain unauthorised access to our Website, the server on which our Website is
stored or any server, computer or database connected to our Website; or
•             attack
our Website via a denial-of-service attack or a distributed denial-of service
attack.
6.9         By breaching
section 6.8, you would commit a criminal offence under the Computer Misuse Act
1990. We will report any such breach to the relevant law enforcement
authorities and we will co-operate with those authorities by disclosing your
identity to them. In the event of such a breach, your right to use our Website
will cease immediately.
We are not responsible for viruses or other harmful material
6.10       We will not
be responsible for any loss or damage caused by a distributed denial-of-service
attack, viruses or other technologically harmful material that may infect your
computer equipment, computer programs, data or other proprietary material due
to your use of our Website or to your downloading of any material posted on it,
or on any website linked to it.
We may monitor your use of the Website
6.11       We may
disclose such information to law enforcement authorities as we reasonably feel
is necessary or as required by law.
6.12       You
acknowledge that we have no obligation to monitor your access to or use of the
Website, but that we have the right to do so for the purpose of operating the
Website, to ensure your compliance with these Terms, or to comply with
applicable law or the order or requirement of a court, administrative agency or
other governmental body. We reserve the right, at any time and without prior
notice, to remove or disable access to any content that we, at our sole
discretion, consider to be in violation of these Terms or otherwise harmful to
the Website provided.
7.            UPLOADING
CONTENT TO OUR WEBSITE
7.1         Whenever
you post content to our website, you agree and confirm that:
•             you own
or otherwise control all of the rights to the content that you post;
•             the
content and material is accurate; and
•             use of
the content and material will not cause injury to any person or entity
(including that the content or material is not defamatory).
You agree to indemnify us for all claims brought by a third
party against us arising out of or in connection with a breach of this section
7.1. This means that you will be responsible for any loss or damage we suffer
as a result of your breach of section 7.1.
Your rights in the content which you post to our Website
7.2         Any content
uploaded to our Website will be considered non-confidential and
non-proprietary. You will retain all of your ownership rights in your content
but you are required to grant us (and our sub-licensees if required) a licence
to use, copy, modify and adapt your content and to distribute and make it
available to third parties (see section 7.6 for more information about this).
7.3         You agree
to waive your right to be identified as the author of the content and your
right to object to derogatory treatment of the content.
We may disclose your identity to third parties in certain
circumstances
7.4         We may have
to disclose your identity to a third party who claims that content posted or
uploaded by you to our Website constitutes a violation of their intellectual
property rights or privacy rights.
We may remove your content
7.5         We may
remove any post you make on our Website if in our opinion your post does not
comply with our guidelines.
Rights you are giving us to use content uploaded by you to
our Website
7.6         By
uploading or posting content to our Website, you grant us the following rights
to use that content:
•             a
non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the world in any
media; and
•             grant us
and our sub-licensees the right to use the name that you submit in connection
with such content.
7.7         If we
reasonably request you to do so, you agree to do such further acts and execute
all documents which may from time to time be necessary to give full effect to
this section 7.
8.            HOW WE
USE YOUR PERSONAL INFORMATION
8.1         We will
treat all your personal information as confidential and will only use it in
accordance with our Privacy Policy. In addition, we will process information
about you in accordance with our Privacy Policy.
8.2         By using
our Website, you:
•             consent
to such processing and you warrant that all data provided by you is accurate;
and
•             authorise
us to transmit information (including updated information) to obtain
information from third parties, including but not limited to, your debit or
credit card numbers or credit reports to authenticate your identity, to
validate your credit card, to obtain an initial credit card authorisation and
to authorise individual purchase transactions.
9.            OUR
INTELLECTUAL PROPERTY RIGHTS IN OUR WEBSITE
Our intellectual property rights in the Website and its
content
9.1         Other than
in relation to links to third party websites, we or our licensors are the
owners or the licensee of all intellectual property rights in the Website and
in the material published on it, including all brand names and trade marks. All
such rights are reserved and nothing in these Terms will be interpreted as
giving you ownership or rights in such intellectual property or the data
contained therein.
9.2         You are not
permitted to use our intellectual property without our approval, unless
expressly permitted under the section 6 (Use of our Website).
10.         WE ARE NOT
RESPONSIBLE FOR OTHER WEBSITES WHICH WE LINK TO
10.1       As a
convenience to you, the Website may include links to other websites or material
which is provided by third parties, these links are provided for your
information only. Such links should not be interpreted as approval by us of
those linked websites or information you may obtain from them.
10.2       We have no
control over the content of those websites or resources and we accept no
responsibility for the availability, suitability or content of such websites
and nor do we review or endorse them or any views expressed within them.
10.3       We will not
be responsible for the privacy practices or content of such websites nor will
we be responsible for any damage, loss or offence caused or alleged to be
caused that may arise from your use of them.
11.         DO NOT RELY
ON INFORMATION ON OUR WEBSITE
11.1       The content
on our Website is provided for general information only. It is not intended to
amount to advice on which you should rely. You must obtain professional or
specialist advice before taking, or refraining from, any action on the basis of
the content on our Website.
11.2       Although we
make reasonable efforts to update the information on our Website, we make no
representations, warranties or guarantees, whether express or implied, that the
content on our Website is accurate, complete or up to date.
11.3       If we are
informed of any inaccuracies in the material on the Website we will correct
this as soon as we reasonably can.
12.         OUR
RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1       We do not
exclude or limit in any way our liability to you where it would be unlawful to do
so. This includes liability for death or personal injury caused by our
negligence or the negligence of our employees, agents or subcontractors and any
liability for fraud or fraudulent misrepresentation.
12.2       We provide
you with access to the Website free of charge and subject to section 12.1
above, we will not be responsible for any loss, injury or damage of whatever
kind caused in whole or in part by:
•             incompatibility
of the Website with any of your equipment, software or telecommunications
links;
•             technical
problems including errors or interruptions of the Website;
•             unsuitability,
unreliability or inaccuracy of the Website; and
•             failure
of the Website to meet your requirements.
12.3       The Website
is provided on an 'as is' and 'as available' basis without any representation
or endorsement made and we make no warranties in relation to it and its use.
You acknowledge that we cannot guarantee and cannot be responsible for the
security or privacy of the Website and any information provided by you. You must
bear the risk associated with the use of the internet.
13.         OUR RIGHTS
IF YOU BREACH THESE TERMS
13.1       Should you
make any illegal and/or unauthorised use of the Website, and/or fail to comply
with these Terms, we may take such action as we reasonably determine to be
appropriate including amongst other measures temporarily or permanently
removing your registration and right to use the Website.
14.         WE MAY
SUSPEND OR WITHDRAW OUR WEBSITE
14.1       Our Website
is made available free of charge.
14.2       We may
suspend or withdraw all or any part of our Website for business and operational
reasons. We will try to give you reasonable notice of any suspension or
withdrawal.
14.3       We may
disable any user identification code or password we have provided to you,
whether chosen by you or allocated by us, at any time, if in our opinion you
have failed to comply with any of these Terms.
15.         [OUR
WEBSITE IF ONLY FOR USERS IN THE UK
The Website is directed to people residing in the United
Kingdom. We do not represent that content available on or through the Website
is appropriate for use or available in other locations.]
16.         NOBODY ELSE
HAS RIGHTS UNDER THESE TERMS
Only you and us are entitled to enforce these Terms. No
other person will be entitled to enforce any provision of these Terms.
17.         WHAT
HAPPENS IF PARTS OF THESE TERMS BECOME INVALID?
If any part of the Terms is deemed 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 of the Terms.
18.         EVEN IF WE
DELAY ENFORCING THESE TERMS, WE CAN STILL ENFORCE THEM LATER
Any delay or failure by us in exercising, or any waiver by
us of, our rights under or in connection with these Terms will not limit or
restrict the future exercise or enforceability of those rights.
19.         WHICH
COUNTRY’S LAWS APPLY TO ANY DISPUTES?
These Terms shall be governed by and construed in accordance
with the laws of England and Wales and any disputes will be decided only by the
English courts except that if you are acting as a consumer and are a resident
of Northern Ireland you may also bring proceedings in Northern Ireland and if
you are a consumer and a resident in Scotland you may also bring proceedings in
Scotland.
Part 2:  GENERAL TERMS
AND CONDITIONS OF SALE
1.            INFORMATION
ABOUT THESE TERMS
Why these Terms are important
1.1         These terms
and conditions ('Terms of Sale') set out the terms and conditions which apply
to our, ZavviGroup Limited (‘us’, ‘we’ and ‘our’), sale of goods and services
(together, the ‘products’) to you via our website www.Zavvi.com  ('Website'). 
1.2         Please read
these Terms of Sale carefully before you submit an order to us as they affect
your rights and liabilities under law and tell you who we are, how we will
provide goods and services to you, how you and we may change or end the
contract, what to do if there is a problem and other important information.
1.3         We
recommend that you print a copy of these Terms of Sale for your future
reference as we will not file a copy of these Terms of Sale specifically in
relation to your order.
Important parts of these Terms of Sale
1.4         We would
especially like to draw your attention to the following sections:
•             sections
14 (Your rights to end the contract) and 15 (Cancelling and returning products
if you change your mind) which sets out your rights to cancel orders placed by
you;
•             section
16 (Our rights to end the contract) which sets out our rights to cancel orders
placed by you;
•             section
17 (Faulty, damaged or incorrect products) which sets out your rights if
products are faulty, damaged or incorrect; and
•             section
18 (Our responsibility for loss or damage suffered by you) which sets out our
responsibility to you.
Let us know if you have any questions about these Terms of
Sale
1.5         If you have
any queries regarding these Terms of Sale then please contact our customer
services team by logging on to your account via our Help Centre or
alternatively Zavvi.
2.            WHO WE
ARE AND HOW TO CONTACT US
Who we are
2.1         We are, Zavvi Group Limited (trading as Zavvi).
2.2         We are a
limited company registered in England and Wales under company number 14853796,
whose registered office address is at Avengers
Towers, Road One, Winsford Industrial Estate, Winsford, CW7 3PZ. Our main trading address is Zavvi. Our VAT number
is GB 442 3812 13.
How to contact us
2.3         To contact
us, please contact our customer services team by logging on to your account via
our Help Centre [or alternatively Zavvi].
2.4         If we have
to contact you we will do so by telephone or by writing to you at the email
address or postal address you provide to us in your order.
How can I contact you if I have a complaint?
2.5         We try our
best to ensure that your experience as a customer of ours is a positive one and
want to hear from you if you have any cause for complaint.
2.6         If you have
any queries, complaints or problems with the products, please contact our
customer services team by  logging on to
your account and provide full details of the nature of your complaint.
Will my contract always be with you?
2.7         In some
circumstances your contract may be with one of our group companies rather than
us. Please see below for more detail about this:
•             if your
purchase is made in United States dollars (USD) or Canadian dollars (CAD) and
payment is made using a debit/credit/American express card, then your
relationship will be with THGPP LLC (trading as Zavvi) whose registered office
is at 1209 Orange Street, Wilmington, County of New Castle, Delaware, 19801,
USA.
•             if your
purchase is made in Australian dollars (AUD) and payment is made using a
debit/credit/American express card, then your relationship will be with
Skincarestore Australia Pty Limited (trading as Zavvi) whose office is at G01,
38 Atchison Street, St Leonards, NSW 2065 Australia.
3.            OTHER
TERMS THAT MAY APPLY TO YOU
3.1         These Terms
of Sale refer to the following additional terms and conditions, which also
apply to your purchase of the products:
•             Our
Returns Policy, please see sections 14 (Your rights to end the contract) and
section 15 (Cancelling and returning products if you change your mind) for more
information about this.
•             Our
Privacy Policy, please see section 5 (How we may use your personal information)
for more information about this.
•             Our
Cookie Policy, which sets out information about the cookies on our Website.
4.            YOUR
STATUS
Confirmation of your status
4.1         By placing
an order with us, you are confirming that:
•             you are
legally capable of entering into binding contracts;
•             you are at
least 16 years of age
•             you are a
consumer (i.e. for private use as opposed to business use); and
•             the
personal information which you are required to provide when you register is
true, accurate, current and complete in all respects; and you are not impersonating
any other person or entity.
Do I need to notify you of any changes to my personal
information and confirmation?
4.2         You must
notify us immediately of any changes to your personal information by e-mailing or telephoning our customer service representatives
5.            HOW WE
USE YOUR PERSONAL INFORMATION
5.1         We will
treat all your personal information as confidential and will only use it in
accordance with our Privacy Policy. In addition, we will process information
about you in accordance with our Privacy Policy. By using our Website, you
consent to such processing and you warrant that all data provided by you is
accurate.
5.2         When you
shop on this Website, we will ask you to input personal details in order for us
to identify you, such as your name, e-mail address, billing address, delivery
address, credit card or other payment information. We confirm that this
information will be held by us in accordance with the registration we have with
the Data Commissioner's office.
5.3         You authorise
us to transmit information (included updated information) to obtain information
from third parties, including but not limited to, your debit or credit card
numbers or credit reports to authenticate your identity, to validate your
credit card, to obtain an initial credit card authorisation and to authorise
individual purchase transactions.
6.            PROTECTING
YOUR SECURITY
How we validate your payment
6.1         To ensure
that your credit, debit or charge card is not being used without your consent,
we will validate the name, address and other personal information supplied by
you during the order process against appropriate third party databases.
6.2         We take the
risk of internet fraud very seriously. With the volume of fraudulent credit
card transactions increasing, we make every effort to ensure all orders are
thoroughly checked using the information already supplied. There is a
possibility we may contact you to make additional security checks and we ask
for your co-operation to enable us to complete them. We will not tolerate
fraudulent transactions and such transactions will be reported to the relevant
authorities.
6.3         By
accepting these Terms of Sale you consent to such checks being made. In
performing these checks personal information provided by you may be disclosed
to a registered Credit Reference Agency which may keep a record of that
information. You can rest assured that this is done only to confirm your
identity, that a credit check is not performed and that your credit rating will
be unaffected. All information provided by you will be treated securely and
strictly in accordance with the Data Protection Act 2018.
7.            OUR
PRODUCTS
Products may vary from their pictures
7.1         We have
made every effort to ensure that the products conform to the photographs and
descriptions provided on our Website. However, please note that certain colours
may look different to the actual colour of the products, when displayed on an
electronic device.
Availability of products
7.2         We do not
represent or warrant that particular products will be available. Please see
section 9.6 (What happens if we cannot accept your order) for information about
what happens if the products are not available.
Personalising your goods
7.3         You may
have the option to personalise certain goods. Please ensure the personalisation
information you provide is correct and any images are of a sufficiently high
resolution, as the goods will be manufactured using this information.
7.4         If you have
chosen to personalise the goods you may lose your right to cancel your order
(see section 15 (Cancelling and returning goods if you change your mind) for
further details) as it may be the case that we are unable to resell the goods
due to the personalisation. Similarly, we cannot accept the return of any
personalised goods if the return is due to incorrect information provided by
you.
7.5 Trading Cards (TCG) Terms & Conditions
Unopened Packs Only: We only
accept returns for trading card packs that are unopened and in their original
sealed packaging. This is to ensure that all cards are present and in the
condition they were sold.
Seal Integrity: The seal of the
pack must be intact and unbroken. Any evidence of tampering, resealing, or
damage to the seal will make the pack ineligible for return.
Verification Process: Upon
receiving a return, our team will carefully inspect the pack to confirm that it
remains unopened and untampered. This verification is essential to maintain
fairness and prevent fraud.
Impact on Refund: If a trading
card box is returned opened, or if there are signs of tampering, we
unfortunately cannot offer a refund. Opening a box significantly reduces its
value and the integrity of the product.
Photographic Evidence: For added
security, we recommend customers take photos of their unopened box before
sending them back. This can help resolve any disputes about the box's condition
upon return.
Customer Awareness: Please be
aware that returning opened trading card packs goes against our returns policy
and can be considered fraudulent. We take such matters seriously and reserve
the right to take appropriate action, including denying the return and/or
taking legal steps if necessary.
8.            OUR RIGHT
TO MAKE CHANGES
8.1         We have the
right to make minor changes to the products without notifying you in order to:
•             conform
with any applicable safety or other legal or regulatory requirements; or
•             implement
minor technical adjustments and improvements. These changes will not affect
your use of the products.
8.2         We may also
make reasonable changes to the products or these Terms of Sale but if we do so
we will notify you and you will have the right to contact us to end the
contract before the changes take effect and receive a refund for any products
paid for but not received.
9.            OUR
CONTRACT WITH YOU
How to place an order with us
9.1         Our Website
will guide you through the ordering process.
9.2         Before
submitting your order to us, you will be given the opportunity to review and
amend it.  Please ensure that you have
checked your order and that you have read these Terms of Sale carefully before
submitting your order. If you are unsure about any part of these Terms of Sale,
please ask us for clarification.
How we accept your order
9.3         Our
acceptance of your order will take place when we email you confirming our
acceptance (‘Order Confirmation’), at which point a contract between you and us
will come into existence.
9.4         Automated
acknowledgements of your order which you may receive from us do not amount to
our acceptance of your offer to purchase products advertised on our website.
What will the contract cover?
9.5         The
contract will relate only to those products confirmed in the Order
Confirmation. We will not be obliged to supply any other products which may
have been part of your order until the dispatch of such products has been
confirmed in a separate Order Confirmation.
What happens if we cannot accept your order?
9.6         If we
cannot accept your order, you will be notified by e-mail (or by other means if
no e-mail address has been provided) and you will have the option either to
wait until the item is available from stock or to cancel your order. This may
be because the product is unavailable or because we have identified an error in
the price or description of the product.
9.7         If we have
taken payment, we will be refund you as soon as possible (and in any event,
within 14 days).
Can I make changes to orders accepted by you?
9.8         Before
submitting your order to us, you will be given the opportunity to review and
change it. Please make sure you have checked your order carefully before
submitting your order as once submitted you will not be able to make changes to
it.
Our goods and services are not for resale
9.9         The
products sold on the Website are not for re-sale or distribution. We reserve
the right to cancel orders and/or suspend accounts where we believe products
are being ordered in breach of this provision.
[We only sell to the UK
9.10       Our Website
is solely for the promotion of our goods and services in the UK. Unfortunately,
we do not accept orders from addresses outside the UK.]
10.         DELIVERY
Delivery times and costs
10.1       Information
about delivery times and costs will be set out at ‘Checkout’ and orders will be
delivered to the address you specify. All goods will normally be dispatched
within Zavvi of receipt of your order.
10.2       If the
products are one-off services, we will begin the services on the date agreed
with you during the order process. The completion date for the services is as
told to you during the order process.
10.3       If your
order has not arrived by the estimated delivery date, please contact us at
Zavvi as soon as possible so we can investigate.
What happens if you do not collect the goods or are not at
home when the goods are delivered?
10.4       If you are
not home when the goods are delivered we may leave the goods in a safe location
or, if no one is available to accept delivery, re-deliver the goods on a
different day.
What happens if we fail to deliver the goods in time?
10.5       In the
unlikely event that we fail to deliver within the time specified or, if no time
has been specified, within 30 days of our Order Confirmation (or as otherwise
agreed), you may end the contract if:
•             failure
to deliver was caused by us refusing to deliver your goods;
•             in light
of all relevant circumstances, delivery within that time period was essential;
or
•             you told
us when ordering the goods that delivery within that time period was essential.
10.6       If you do
not wish to cancel, or none of the circumstances described above apply, you may
specify a new (reasonable) delivery date. If we fail to meet the new deadline,
you may end the contract.
10.7       If you have
the right to end the contract under sections 10.5 or 10.6 you may instead
cancel or reject part of your order provided that separating the goods in your
order would not significantly reduce their value.
10.8       Any sums
that you have already paid for cancelled goods and their delivery will be
refunded to you within 14 days.
10.9       Please note
that if any cancelled goods are delivered to you, you must return them to us or
arrange with us for their collection within 14 days from the date of
cancellation or delivery (whichever is later). In either case, we will bear the
cost of returning the cancelled goods.
What happens if you do not allow us to provide the services?
10.10     If you do not
allow us access to your property to perform the services as arranged (and you
do not have a good reason for this) we may charge you additional costs incurred
by us as a result. If, despite our reasonable efforts, we are unable to contact
you or re-arrange access to your property we may end the contract and section
16 (Our rights to cancel the contract) will apply.
When does delivery take place?
10.11     Delivery will
be deemed to have taken place when the goods have been delivered to the
delivery address specified by you in your order and you (or someone identified
by you) have taken physical possession of the goods.
Who is responsible for the goods during delivery?
10.12     The
responsibility (sometimes referred to as ‘risk’) for the goods remains with us
until the goods have been delivered to the delivery address specified by you in
your order. We accept no liability where you provide an incorrect delivery
address or where you fail to collect the goods from the delivery address which
you specified.
When do you own the goods?
10.13     You own the
goods only once we have received payment in full of all sums due (including any
delivery charges).
11.         PRICE AND
PAYMENT
Prices and other charges
11.1       All prices
(including delivery charges) shown on the website are inclusive of VAT (where
applicable) at the current rates and are correct at the time of entering the
information onto the system. We reserve the right, however, to change prices at
any time without notice to you (save that any changes will not affect orders in
respect of which we have sent you a Order Confirmation).
When and how you pay
11.2       Payment can
be made by any major credit or debit card or via your PayPal account. Payment
will be debited and cleared from your account on the dispatch of your goods or
provision of the service to you.
11.3       You confirm
that the credit, debit card or PayPal account that is being used is yours. All
credit/debit cardholders are subject to validation checks and authorisation by
the card issuer. If the issuer of your payment card refuses to or does not, for
any reason, authorise payment to us we will not be liable to you for any delay or
non-delivery.
11.4       If your
credit or debit card payment is not processed successfully for any reason, we
reserve the right to reattempt to process payment within 48 hours. In the event
that the payment is still unsuccessful, we will give you at least 48 hours’
notice in advance of any further reattempt to process payment by sending an
email to the email address you have provided to us. If you do not want us to
reattempt to process payment, you must cancel your order in advance.
What happens if we got the price wrong?
11.5       In the
unlikely event that the price shown on the checkout page is wrong, and we
discover this before accepting your order in accordance with section 9.3, we
are not required to sell the products to you at the price shown.
11.6       We always
try and ensure that the prices of goods shown on our Website are accurate, but
occasionally genuine errors may occur. If we discover an error in the price of
the goods that you have ordered we will let you know as soon as possible and
give you the option of reconfirming your order at the correct price or
cancelling it. If you cancel your order and you have already paid for the goods
(but they have not yet been dispatched), then you will receive a full refund.
Discount codes
11.7       We allow you
to use discount codes strictly on the terms and conditions upon which they were
issued which, amongst other things, may include terms relating to your
eligibility to use them and a maximum order value. Exclusions may apply on the discount code you are using. Please ensure to check the terms and conditions of each offer or visit our help page for further details.https://www.zavvi.com/help-centre.list
11.8       Please
familiarise yourself with these terms and conditions before you place an order
as we reserve the right to reject or cancel any orders which do not comply with
these terms even if your credit or debit card has been charged. If there is any
inconsistency between the terms and conditions upon which the discount codes
were issued and these terms and conditions, the discount code terms and
conditions prevail.
11.9       A copy of
the discount code terms and conditions can be obtained by e-mailing [customer.experience@thehutgroup.com].
12.         GIFT
VOUCHERS
12.1       These Terms
of Sale also apply to the purchase of your gift voucher.
When can I use a Zavvi Gift Voucher?
12.2       The Zavvi
Gift Voucher can be used to buy any item sold by www. Zavvi.com.
12.3       You can
email it to family and friends, or print it out to give to them personally. It
is the perfect way to give a gift when you don’t know what to buy!
What is a Zavvi Gift Voucher?
12.4       The Zavvi
Gift Voucher is available in £10, £25 and £50 denominations and enables you to
give a gift when you don’t know what to buy.
12.5       Gift
Vouchers are issued via email using an electronic voucher code which can then
be redeemed at the Checkout to buy any product on www. Zavvi.com.
How do I order a Gift Voucher?
12.6       You can add
the Gift Voucher to your shopping basket like any other product by selecting
the ‘Add to Basket’ button found on the ‘Buy Now’ tab. Then continue to
checkout to complete your order.
12.7       If you want
to purchase more than one Gift Voucher you can increase the item quantity on
the basket page or go back to the relevant Gift Voucher product page and add
more items to your basket. You can also buy other products at the same time as
placing your order for Gift Voucher(s).
What currency are Gift Vouchers issued in?
12.8       Gift
Vouchers are valued and issued in GBP Pounds.
Can I use a discount code when purchasing a Gift Voucher?
12.9       Discount
codes cannot be used when purchasing a Gift Voucher.
How will I receive a Gift Voucher?
12.10     Once your
order has been processed and we have taken payment, you will be emailed the
electronic Gift Voucher code to the email address where your order confirmation
email is also sent. You will not receive anything in the post for Gift Vouchers
that you order.
How do I give the Gift Voucher to the recipient?
12.11     Once you have
received the electronic Gift Voucher code you can then forward on this email to
the gift recipient, or you can print out the voucher and give it to them.
12.12     Please note
that Gift Vouchers are valid for 12 months from the date of purchase.
I am the recipient of a Gift Voucher, how do I redeem it?
12.13     Gift Vouchers
can be used to purchase any product on www. Zavvi.com. Select the item(s) you
wish to order and add them to your basket. To apply your Gift Voucher, enter
the electronic voucher code you received in the ‘Discount Code’ box and click
the ‘Add’ button. This will then apply the voucher to your order. Then proceed
to the Checkout as normal.
What are the restrictions?
12.14     The following
restrictions apply to your use of the Gift Vouchers:
•             You can
only use one voucher per order and no change will be issued if the full value
of the voucher is not used in the order.
•             Gift
Vouchers are valid for 12 months from the date of purchase so make sure you
remember to redeem your Gift Voucher in time.
•             Gift
Vouchers can only be used on www. Zavvi.com.
•             Gift
Vouchers are valued and issued in GBP Pounds.
•             You
cannot use your Gift Voucher in conjunction with any other discount code.
I have paid for an order using a Gift Voucher. What happens
if I want to return my order?
12.15     For orders
which are refunded, the refund will be issued via the same payment method as
used to pay for the order. Therefore if you have paid, or part-paid, for an
order using a Zavvi Gift Voucher any refund will be issued in Gift Vouchers to
the same value.
I have lost a Gift Voucher. What do I do?
12.16     If you are
the recipient of a Zavvi Gift Voucher please ask the purchaser if they still
have details of your Voucher Code. If not, please ask the purchaser to contact
us via Zavvi so that the Gift Voucher can be reissued. We can only reissue Gift
Vouchers which have not been redeemed.
12.17     Please note
the original Gift Voucher will be void if we issue a replacement and the
original expiry date will still apply.
When do you own the Gift Voucher and who is responsible for
the Gift Voucher?
12.18     The risk of
loss and title for a Gift Voucher shall pass to the purchaser upon our
electronic transmission of the Gift Voucher to the purchaser or designated
recipient, whichever is applicable. We are not responsible if any Gift Voucher
is lost, stolen, destroyed or used without your permission.
Our rights if you use a Gift Voucher which has been
fraudulently obtained
12.19     We will have
the right to close customer accounts and take payment from alternative forms of
payment if a fraudulently obtained Gift Voucher is redeemed and/or used to make
purchases on www. Zavvi.com.
Can I return my Gift Voucher?
12.20     Gift Vouchers
cannot be returned or refunded, except in accordance with your statutory
rights. The value of the Gift Voucher cannot be converted back to cash.
Credit
12.21     Any credit
will be valid for 3 months from the date of issue.
13.         REFERRAL
SCHEME
13.1       Subject to
sections 13.2 to 13.10 (inclusive) below, you may earn ‘credit’ for use on our
Website by referring a new customer to us through our referral scheme by
sharing the referral link and/or referral code we provide to you (the “Referral
Scheme”).
Eligibility
13.2       You are only
eligible to participate as a ‘referrer’ in this Referral Scheme if you have
previously placed an order on our Website.
What counts as a new customer?
13.3       A new
customer is a natural person who has not previously placed an order with us (a
"Referee").
13.4       If the
Referee has an account on our Website but has not previously placed an order on
our Website then they are entitled to participate in the Referral Scheme
through the referral link or code provided.
How does the referral scheme work?
13.5       If the
Referee has clicked through your referral link the discount code will
automatically be applied at checkout. If the Referee is using a referral code,
the Referee must enter this code at checkout.
Are there any restrictions which apply?
13.6       The Referee
must place an order with a value of at least the minimum value as stated on our
Website from time to time.
13.7       All
discounted products and subscription products are excluded from the Referral
Scheme. If you are participating in the Referral Scheme, you will be unable to
participate in any affiliate schemes, cash-back offers and/or any other
promotions of this nature.
13.8       Any credit
generated from the Referral Scheme may only be spent on our Website and neither
you nor the Referee is entitled to receive any payment of any kind in respect
of the credit. The credit is not redeemable for cash. The credit that stands to
your Referral Scheme account is not transferable in any way.
13.9       You will
receive the applicable credit on your account 24 hours after dispatch of the
Referee's order. If the Referee cancels their order for any reason within 3
days of it being dispatched, you will not qualify for any credit. You will
receive your credit in the default currency of our Website.
We may withdraw your credit
13.10     We may, in
our sole discretion, withdraw your credit generated from the Referral Scheme at
any time if we believe or suspect that your use of the Referral Scheme is
fraudulent, misleading or contrary to these Terms of Sale.
14.         YOUR RIGHTS
TO END THE CONTRACT
14.1       You can
always end your contract with us. Your rights when you end the contract will
depend on what you have bought, whether there is anything wrong with it, how we
are performing and when you decide to end the contract:
•             if what
you have bought is faulty or misdescribed you may have a legal right to end the
contract (or to get the product repaired or replaced or a service re-performed
or to get some or all of your money back), see section 17 (Faulty, damaged or
incorrect products) for more information about this;
•             If you
want to end the contract because of something we have done or have told you we
are going to do, see section 14.2 below;
•             if you
have just changed your mind about the product, see section 15 (Cancelling and
returning products if you change your mind). You may be able to get a refund if
you are within the 14 day cooling-off period, but this may be subject to
deductions and you will have to pay the costs of return of any goods;
•             in all
other cases (if we are not at fault and there is no right to change your mind),
see section 14.3 below.
Ending the contract because of something we have done or are
going to do.
14.2       If you are
ending a contract for a reason set out below the contract will end immediately
and we will refund you in full for any products which have not been provided
and you may also be entitled to compensation. The reasons are:
•             we have
told you about an upcoming change to the product or these terms which you do
not agree to (see section 8.2);
•             we have
told you about an error in the price or description of the product you have
ordered and you do not wish to proceed;
•             there is
a risk that supply of the products may be significantly delayed because of
events outside of our control (see section 19 (Events outside of our control)
for more information about this);
•             we have
suspended supply of the products for technical reasons, or notify you that we
are going to suspend them for technical reasons, in each case for a period of
more than [28 days]; or
•             you have
a legal right to end the contract because of something we have done wrong
(including because we have delivered late (see sections 10.5 and 10.6 (What
happens if we fail to deliver the goods in time?).
Ending the contract where we are not at fault and there is
no right to change your mind
14.3       Even if we
are not at fault and you do not have a right to change your mind, you can still
end the contract before it is completed. A contract for goods is completed when
the product is delivered and paid for. A contract for services is completed
when we have finished providing the services and you have paid for them. If you
want to end the contract before it is completed, just contact us to let us
know. [The contract will not end until [one day] after the day on which you contact
us.]
14.4       We will
refund any advance payment you have made for products which will not be
provided to you.
15.         CANCELLING
AND RETURNING GOODS IF YOU CHANGE YOUR MIND
How long have I got to change my mind?
15.1       As you are
purchasing the products as a consumer (i.e. for private use as opposed to
business use), you have a 14 day right to cancel the contract between us and
you for any reason (this is often called the ‘cooling off period’).
15.2       For goods,
the 14 day period starts running on the day on which you acquire physical
possession of the goods (i.e. the day the goods are delivered to you). If you
have ordered multiple products which are delivered on different days, your
right to cancel will expire 14 days after the delivery of the last product.
15.3       For
services, the 14 day period starts running after the day we email you to accept
your order. However, once we have completed the services you cannot change your
mind, even if the 14 day period is still running. If you cancel after we have
started the services, you must pay us for the services provided up until the
time you tell us that you have changed your mind.
15.4       For some
products we may give you a longer period during which you can cancel the
contract. Please check our Returns Policy for more information about this.
How to let us know if you change your mind
15.5       Please see
our Returns Policy which sets out information on how you can notify us.
Alternatively you can use our model cancellation form.
How do I arrange for the products to be returned?
15.6       Please see
our Returns Policy which sets out information on how you can arrange for
products to be returned to us.
You are responsible for the costs of return
15.7       Unless
stated otherwise in our Returns Policy, you are responsible for the cost of
returning goods.
There are circumstances where you may lose your right to
cancel
15.8       Please note
that you may lose your legal right to cancel if:
•             the Goods
have been personalised or custom-made for you, as described in section 7.4
(Personalised Goods);
•             we are
providing you with services and you have received such services, in which case
we can charge you a reasonable amount for the services received up to the time
of cancellation;
•             you have
mixed the goods inseparably with another item after delivery; or
•             the goods
were sealed for hygiene reasons and become unsealed after delivery.
Refunds
15.9       Refunds
under this section 15 will be issued to you within 14 days from:
•             the day
on which we receive the products back;
•             the day
on which you inform us (with evidence) that you have sent the products back (if
this is earlier than the day we receive the products); or
•             if we
have not yet provided any Order Confirmation or have not yet dispatched the
products, the day on which you inform us that you wish to cancel the contract.
15.10     The maximum
refund for delivery costs will be the costs of delivery by the least expensive
delivery method we offer. For example, if we offer standard delivery of a
product within 3-5 days at one cost but you choose next day delivery instead at
a higher cost, then we will only refund what you would have paid for the
cheaper delivery option (i.e. standard delivery).
15.11     Refunds under
this section 15 will be made using the same payment method that you used when
ordering the products, unless you specifically request that we make a refund
using a different method.
We may reduce the refund if you have used the product
15.12     Refunds may
be reduced for any diminished value in the products resulting from your
excessive handling of them (e.g. more than would be permitted in a shop).  If we issue a refund before we have received
the products and have had a chance to inspect them, we may subsequently charge
you an appropriate sum if we find that the products have been handled
excessively.
15.13     Where the
product is a service, we may deduct from any refund an amount for the supply of
the service for the period for which it was supplied, ending with the time when
you told us you had changed your mind. The amount will be in proportion to what
has been supplied, in comparison with the full coverage of the contract.
16.         OUR RIGHTS
TO END THE CONTRACT
We may end the contract if you break it
16.1       We may end the
contract for a product at any time by writing to you if:
•             you do
not make any payment to us when it is due and you still do not make payment
within Zavvi days of us reminding you that payment is due;
•             you do
not, within a reasonable time of us asking for it, provide us with information
that is necessary for us to provide the products;
•             you do
not, within a reasonable time, allow us to deliver the products to you or
collect them from us;
•             you do
not, within a reasonable time, allow us access to your premises to supply the
services.
You must compensate us if you break the contract
16.2       If we end
the contract in the situations set out in section 16.1 we will refund any money
you have paid in advance for products we have not provided but we may deduct or
charge you reasonable compensation for the net costs we will incur as a result
of your breaking the contract.
We may withdraw the product
16.3       We may write
to you to let you know that we are going to stop providing the product. We will
let you know at least Zavvi in advance of our stopping the supply of the
product and will refund any sums you have paid in advance for products which
will not be provided.
17.         FAULTY,
DAMAGED OR INCORRECT GOODS
Your right to receive goods of a satisfactory quality
17.1       By law, we
must provide products and services that are of satisfactory quality, fit for
purpose, as described at the time of purchase, in accordance with any
information we have provided to you before you place your order, and that match
any samples that you have seen or examined (unless we have made you aware of
any differences).
Your remedies where goods are faulty, damaged or incorrect
17.2       If any
products you have purchased do not comply and, for example, have faults or are
damaged when you receive them, or if you receive incorrect or incorrectly
priced goods, please contact us as soon as reasonably possible to inform us of
the fault, damage or error, and to arrange for one or more of the following
remedies:
•             30 day
right to reject: Beginning on the day that you receive the goods you have a 30
day right to reject the goods and to receive a full refund (this is called the
‘short term right to reject’). Please note if any of the goods are of a kind
that can reasonably be expected to perish after a shorter period, the time
limit for exercising the short-term right to reject in relation to those goods
is the end of that shorter period;
•             Repair or
replacement: If you do not wish to reject the goods, or if the short term right
to reject has expired, you may request that the goods be replaced or repaired.
We will bear any associated costs and will provide the repair or replacement
(as applicable) within a reasonable time and without significant inconvenience
to you.
•             Refund:
In certain circumstances, where a repair or replacement is impossible or
disproportionate, we may instead offer you a full refund. In addition, if we
have repaired or replaced the goods and they still do not conform then you have
the right either to keep the goods at a reduced price, or reject them in
exchange for a refund (this is called the ‘final right to reject’).
17.3       Please note:
•             if you
are exercising your short term right to reject, it will be your responsibility
to prove that the products are defective, faulty or incorrect. Similarly it
will also be your responsibility to prove that the goods are defective, faulty
or incorrect once 6 months have passed since you received the goods; and
•             if you
exercise the final right to reject the goods (as described above) more than 6
months after you have received the goods, we may reduce any refund to reflect
the use that you have had out of the goods; and
When are you not able to claim for faulty, damaged or
incorrect goods?
17.4       You will not
be eligible to claim under this section if:
•             we
informed you of the fault(s), damage or other problems with the goods before
you purchased them (and it is because of the same issue that you now wish to
return them);
•             you have
purchased the goods for an unsuitable purpose that is neither obvious nor made
known to us and the problem has resulted from your use of the goods for that
purpose; or
•             if the
problem is the result of normal wear and tear, misuse or intentional or
careless damage.
17.5       Please also
note that rights set out in this section 17 do not allow you to return the
goods because you have changed your mind. Please instead refer to section 15
(Cancelling and returning goods if you change your mind) which sets out
information about your rights if you change your mind.
Your remedies where there is a problem with services
received by you
17.6       If there is
a problem with a product which is a service, please contact us as soon as
reasonably possible to inform us of the fault, damage or error, and to arrange
for one or more of the following remedies:
•             you can
ask us to repeat or fix a service if it's not carried out with reasonable care
and skill, or get some money back if we can't fix it.
•             if you
haven't agreed a price beforehand, what you're asked to pay must be reasonable.
•             if you
haven't agreed a time beforehand, it must be carried out within a reasonable
time.
How do I return faulty or incorrect goods to you
17.7       Please see
our Returns Policy for details as to how to return goods to us under this
section 17. We will be fully responsible for the costs of returning goods under
this section 17 and will reimburse you where appropriate.
Refunds
17.8       Refunds
under this section 17 will be issued within 14 days of the day on which we
agree that you are entitled to the refund.
17.9       Any and all
refunds issued under this section 17 will include all delivery costs paid by
you when the goods were originally purchased and will be made using the same
payment method that you used when ordering the goods, unless you specifically
request that we use a different method.
18.         OUR
RESPONSIBILITY FOR LOSS AND DAMAGE SUFFERED BY YOU
18.1       We do not
exclude or limit in any way our liability to you where it would be unlawful to
do so. This includes death or personal injury caused by our negligence
(including that of our employees or sub-contractors) or for fraud or fraudulent
misrepresentation.
We are not responsible for loss which is not foreseeable
18.2       If we fail
to comply with these Terms of Sale, we shall only be liable to you for losses
that you suffer as a result of our failure to comply (whether arising in
contract, tort (including negligence), breach of statutory duty or otherwise)
which are a foreseeable consequence of such failure. Loss or damage is
foreseeable if it is an obvious consequence of our breach or negligence or if
it is contemplated by you and us when the contract is created.
18.3       We will take
all reasonable care, in so far as it is in our power to do so, to keep the
details of your order and payment secure, but in the absence of negligence on
our part we cannot be liable for any loss you may suffer if a third party
procures unauthorised access to any data provided by you when accessing or
ordering from the Website.
We only supply goods for domestic and private use
18.4       We only
supply the goods for domestic and private use. If you use the goods for any
commercial, business or re-sale purpose we will have no liability to you for any
loss of profit, loss of business, interruption to business or for any loss of
business opportunity whatsoever.
Your rights as a consumer
18.5       Please note
that nothing in these Terms of Sale seeks to exclude or limit any of your
rights as a consumer. More information can be obtained from your local
Citizens’ Advice Bureau or Trading Standards Office.
19.         EVENTS
OUTSIDE OF OUR CONTROL
19.1       We are not
responsible for any failure or delay in performing our obligations where that
failure or delay results from any event that is outside of our control. Such
events include, but are not limited to: power failure, internet service
provider failure, industrial action, civil unrest, fire, flood, storms,
earthquakes, subsidence, acts of terrorism or war, governmental action,
pandemic, other natural disaster, or any other event that is beyond our
control.
19.2       If we are
delayed or fail to perform our obligations as a result of an event outside of
our control then we will contact you as soon as possible to let you know and we
will take steps to minimise the effect of the delay. If there is a risk of
substantial delay then you may contact us to end the contract and receive a
refund for any goods you have paid for but have not received.
20.         WE MAY
TRANSFER THESE TERMS TO SOMEONE ELSE
We may transfer our rights and obligations under these Terms
of Sale to another organisation. We will always tell you in writing if this
happens and we will ensure that the transfer will not affect your rights under
these Terms of Sale.
21.         YOU MAY
ONLY TRANSFER THESE TERMS AND CONDITIONS IF WE AGREE
You may only transfer your obligations and rights under
these Terms of Sale if we agree in writing.
22.         NOBODY ELSE
HAS RIGHTS UNDER THESE TERMS
Only you and us are entitled to enforce these Terms of Sale.
Nothing in these Terms of Sale shall give, directly or indirectly, any third
party any enforceable benefit or any right of action against us and such third
parties shall not be entitled to enforce any term of these Terms of Sale
against us.
23.         INVALID
PARTS OF THESE TERMS
If any part of the Terms of Sale shall be deemed unlawful,
void or for any reason unenforceable, then that provision shall be deemed
severable from these Terms of Sale and shall not affect the validity and
enforceability of any remaining provisions of the Terms of Sale.
24.         EVEN IF WE
DELAY IN ENFORCING THESE TERMS, WE CAN STILL ENFORCE THEM LATER
Any delay or failure by us in exercising, or any waiver by
us of, our rights under or in connection with these Terms of Sale will not
limit or restrict the future exercise or enforceability of those rights.
25.         WHICH
COUNTRY’S LAWS APPLY TO ANY DISPUTES AND WHERE YOU CAN BRING PROCEEDINGS?
These Terms of Sale shall be governed by and construed in
accordance with the laws of England and Wales and any disputes will be decided
only by the English courts, except that if you are a resident of Northern
Ireland you may also bring proceedings in Northern Ireland, and if you are
resident of Scotland, you may also bring proceedings in Scotland.
26. SOCIAL MEDIA CONTENT USE TERMS AND CONDITIONS
1. By permitting ZavviGroup Limited (registered in England
and Wales under company registration number 14853796) whose registered office
is at Avengers
Towers, Road One, Winsford Industrial Estate, Winsford, CW7 3PZ or
any other member of Zavvi Group (“we”, “our” or “us”) to use particular
Content (by affirmatively answering a request from us or on our behalf on
social media or otherwise indicating your agreement for to use your Content),
you agree to be bound by these Social Media Content Use Terms and Conditions
(“Terms”).
2. In these Terms “Content”
refers to the photo and/or video, including any sound and accompanying text,
posted through your account on social media, accompanying metadata such as time
and place of creation, your user name, and links to your social media profile.
3. You grant us a right to use
and display the Content, in any media, worldwide, for any lawful commercial
purpose, in original or edited form, including without limitation: on our
social media accounts, websites, blogs, digital displays, advertising, and
generally in the promotion of our products or services. Such rights also extend
to our group companies, affiliates, agents, employees, representatives,
assigns, licensees, and anyone else acting on behalf of us.
4. The rights that you grant to
us to use your Content are perpetual and irrevocable and you may not cancel or
withdraw your permission for us to use your Content. However, this does not
affect your or any other person’s rights in relation to personal data as
referred to below.
5. The rights you grant to us
are non-exclusive and (subject to our rights) you retain all rights to use the
Content for your own purposes. We will not pay any royalties or compensation to
you or any third party for use of the Content. Use is at our discretion and we
are not obliged to use your Content in any particular way or at all.
6. You agree that you do not
have any right to review, approve, or object to our use of your Content or
advertising copy, or to be identified as the author/creator of the Content.
7. By agreeing to these Terms
you represent and warrant to us that:
(a) the Content is your
original work and you own it and all intellectual property rights in it and
have all necessary rights to grant us the rights set out in these Terms (including
in relation to copyrights, trademarks, private or public buildings,
performances, sounds, and music) or, if you are not the owner of such rights,
you have already obtained permission from the owner of such rights, and will
inform us if this is incorrect or such permission is withdrawn at any time;
(b) our use of your Content as
provided herein will not infringe intellectual property, privacy, image,
performance, or publicity rights, or any other rights of any third party,
require the payment of any compensation to any third party, or breach any
applicable laws;
(c) nothing in your Content
will be illegal, defamatory, obscene, or threatening to any third party; and
(d) you are aged 18 or over and
have the right to agree to these Terms.
8. You will indemnify and keep
us indemnified in full from and against any and all liability, loss, damages,
injury, costs and expenses (including increased administration costs and
reasonable legal expenses) awarded against, or incurred or paid by us as a
result of or in connection with the Content, including without limitation for
breach of intellectual property, data protection, privacy, image, performance,
or publicity rights.
9. The Content may contain
information about you or identifiable individuals which constitutes personal
data under applicable laws.
10. By agreeing to these Terms
you give your consent to the processing of such personal data by us (including
any third party service providers that we engage for such purposes, as referred
to below) for the purposes set out in these Terms.
11. Where any personal data
relating to any other person appears in the Content you warrant that you also
have obtained their consentfor the processing of such personal data.
12. We will process personal
data included in the Content or otherwise provided to us in connection with our
use of the Content in accordance with all applicable data protection laws and
our website privacy policy.
13. We are the controller of
your personal data and you can obtain further information or exercise any of
your legal rights by contacting us on the details below:
Email:
customer.experience@thehutgroup.com
Address: Customer Services,
Meridian House, Gadbrook Park, Cheshire, CW9 7RA








































14. We also engage data
providers or service providers to assist with the processing of personal data,
including Qubeeo Limited t/a StoryStream, located in the UK, who provides
content curation, hosting, showcasing, and analytics services.
Part 3:  RETURNS
POLICY
               Our
Returns Policy forms part of, and must be read in conjunction with, our Terms
and Conditions of Sale which applies. We reserve the right to change this
Returns Policy at any time.
1.            CHRISTMAS
RETURNS POLICY - CLOTHING & ACCESSORIES
               Made a
mistake? We've got you covered…
1.1         [We've
extended our usual returns policy for the Christmas period, so you have time to
change your mind. Any clothing or accessories purchases made between 01/11/20
and 24/12/20 can be returned up until 31/01/21 if it's unwanted or unsuitable.
This will not affect your statutory rights, and our Terms and Conditions of
Sale apply.]
1.2         Please note
that due to hygiene reasons, underwear and facemasks are non-returnable.
2.            RETURNS
POLICY - CLOTHING
2.1         We offer
free UK returns on all clothing items purchased on Zavvi.com. Please ensure
that when you receive an item that you take reasonable care of it when trying
it on and please ensure that any security seals or tags are still intact.
2.2         Please note
that due to hygiene reasons, underwear and facemasks are non-returnable.
               How long
have I got to return an item of clothing?
2.3         You have 30
days from the date of receiving your order to initiate a return.
               How do I
return clothing?
2.4         It's so
simple, please follow the steps set out below (please see the section headed
'What to do to return your item to us') or alternatively complete the attached
cancellation form and email it to: Zavvi.
2.5         If you have
any queries or need any help then please contact us Zavvi.
3.            RETURNS
POLICY - ALL OTHER PRODUCTS
               Our
Returns Policy is really simple!
3.1         When you
receive your item, you must check it as soon as possible following receipt and
always before use.
3.2         Please
ensure that a returns authorisation number is obtained before attempting to
return any items to us.
               Your
right to change your mind.
3.3         We've all
done it, ordered something and then realised later that it is no longer needed.
You have 14 days to return your order, which starts on the day after you
received the item.
               How do I
return my product?
3.4         It's so
simple, please follow the steps set out below (please see the section headed
'What to do to return your item to us').
               Do you
need me to do anything else?
3.5         All items
must be returned unused and in the original packaging as they were in when
received by you. Please ensure that when you receive an item that you take
reasonable care of it when trying it on or inspecting it and that any security
seals or tags are still intact.
4.            WRONG
ITEM RECEIVED
4.1         We
apologise if you have received the wrong item by mistake. To receive a refund
or a replacement, you must return the item in the same condition you received
it.
4.2         This is not
common and we want to resolve this as quickly as possible for you so please let
us know within 14 days from the day on which you received the item. If you
notify us after this then depending on the circumstances we may not be able to
refund or offer a replacement.
5.            DAMAGED,
FAULTY, INCORRECT OR MISSING ITEMS
5.1         Please
accept our apologies if you have received an item that is damaged or faulty. We
understand how frustrating this can be and want to resolve this as quickly as
possible for you.
5.2         If you
believe that the item is faulty, please contact us. You will need to tell us
exactly what the fault is and as soon as possible after discovering the fault
and we will advise what to do next.
5.3         For more
information about your rights and the remedies available to you please see
section 17 of our General Terms and Conditions of Sale.
6.            ITEM NOT
RECEIVED
We apologise if you have not received your item. This is not
common and we want to resolve this as quickly as possible for you so please let
us know within 21 days from the day on which you received an email from us confirming
that the item had been dispatched. If you notify us after this then depending
on the circumstances we may not be able to offer a refund or replacement.
7.            YOUR
LEGAL RIGHTS
7.1         Our Returns
Policy does not affect your legal rights.
7.2         For more information
about your other legal rights, please visit the UK Government's website at:
www.direct.gov.uk or contact Consumer Direct, the Government funded consumer
advice service on 08454 04 05 06.
8.            WHAT TO
DO TO RETURN YOUR ITEM TO US
8.1         To return
your item, you will need to register your return by logging on to your account
here, selecting your order and clicking the ‘Return’ button where you will be
guided through the process. Alternatively you can use our model cancellation
form.
8.2         Once you
have processed your return online you have a further 14 days to return your
item to us. Please make sure your items are securely wrapped and your parcel
contains all the information requested.
8.3         Remember to
ask for a receipt as proof of sending. Proof of postage does not cost anything
however without it, we may not be able to process your refund or replacement in
the rare event that your item is lost in transit.
8.4         If you have
any queries or need any help then please contact us through your account via
our online message centre or call us on [0044 (0) 161 8131487].
9.            WHAT
HAPPENS IF I REQUEST A REPLACEMENT AND IT ISN’T AVAILABLE?
9.1         If you
request a replacement and the product is no longer available, we will process
the refund back to the original credit/debit card/PayPal account used to
purchase the item.
9.2         Any item
you have accepted and then return is your responsibility until it reaches our
warehouse. Please therefore ensure that you send your item back to us using a
delivery service that insures you for the value of the goods.
10.         WHAT WE'LL
DO NEXT
10.1       Once we have
processed your return you will receive a notification via email.
10.2       All
successful returns will be credited to the original method used for payment.
Please note refunds can take 3 to 5 working days (Monday to Friday, excluding
bank holidays) to show in your account.
11.         COMPLAINTS
11.1       If you are
not satisfied with the way in which we have handled the return, replacement or
repair of any item, we apologise. We want to resolve the matter.
11.2       Please
contact our customer service representatives via your
account or by post at [Customer Service Department, Zavvi, Meridian House,
Gadbrook Way, Gadbrook Park, Rudheath, Northwich, Cheshire, UK, CW9 7RA].
 
Part 4:  MODEL
CANCELLATION FORM
               (Complete
and return this form only if you wish to withdraw from the contract)
               To: ZavviGroup Limited (trading as Zavvi)
               Address: Avengers
Towers, Road One, Winsford Industrial Estate, Winsford, CW7 3PZ
Telephone:
Zavvi
               Email:
Zavvi
               I/We [*]
hereby give notice that I/We [*] cancel my/our [*] contract of sale of the
following goods [*]/for the supply of the following service [*],Ordered on
[*]/received on [*],
               Name of
consumer(s):
               Address
of consumer(s):
               Signature
of consumer(s) (only if this form is notified on paper):
               Date:
Part 5:  COMPETITION
TERMS
1.            ABOUT OUR
COMPETITIONS
1.1         We may run
various competitions from time to time on our Website.
1.2         All
competitions shall be subject to the terms and conditions set out in these
competition terms and conditions ('Competition Terms') unless expressly stated
otherwise in the marketing associated with the relevant competition (for
example, in the competition e-mail and/or on the relevant page on the Website
('Competition Materials')).
2.            ABOUT US
2.1         We, Zavvi Group (trading as Zavvi) shall be the promoter of any competition
unless stated otherwise in the Competition Materials.
2.2         Our details
are: ZavviGroup Limited a company registered in England and Wales (company
number 14853796) whose registered office is at Avengers
Towers, Road One, Winsford Industrial Estate, Winsford, CW7 3PZ.
3.            OTHER
TERMS THAT MAY APPLY
We may also supply additional terms that are specific to a
competition, in the Competition Materials or otherwise, in which case those
additional terms shall be deemed incorporated into these Competition Terms. We
reserve the right to amend the Competition Terms.
4.            ELIGIBILITY
4.1         Each
entrant shall be notified of the Competition Terms at the point of entering a
competition and a copy of any specific terms shall be made available on the
Website or on request to us throughout the competition period. By entering the
competition, entrants will be deemed to have read and understood these
Competition Terms and be unconditionally bound by and comply with them.
4.2         Competitions
shall not be open to any person who is:
•             a
director or an employee of any of Zavvi Group companies;
•             an
employee of an agent or supplier of any of Zavvi Group companies or any other
person who is directly connected with the organisation of any particular
competition;  or
•             an
immediate family member or household member of any persons identified in this
section 4.2.
4.3         All
competitions are only open to residents of the UK (excluding Northern Ireland).
4.4         All
entrants must be aged 18 or over unless any other age restriction is specified
in relation to the specific competition (for example in the Competition
Materials). Where the specific competition allows an entrant under 18 years of
age to enter, entrants must obtain permission in advance from their parent or
guardian. We reserve the right to request proof of age and/or proof of
permission (as applicable) before awarding any prize.
5.            HOW TO
ENTER
5.1         The full
details of the entry process for each competition (including any limits on the
number of entries) shall be set out in the information provided at the point of
entry (for example, in the Competition Materials). There is no purchase
necessary and no charge to enter. Entrants are responsible for their costs to
access computer networks (including standard data or communication changes for
access to the Website if required).
5.2         All entries
must be received by the closing date specified in the information provided to
entrants for each specific competition (usually in the Competition Materials).
If entrants are required to submit an answer to a question when entering a
prize draw, entrants will be deemed to have entered upon submission of that
answer. All entries received after the applicable closing date are
automatically disqualified. No responsibility will be taken for any entry that
is misdirected, lost for technical or other reasons or received after the
closing date.
5.3         For some
competitions, a social media account (such as a Facebook, Twitter or Instagram
account) may be required for entry and the entrant may be required to show
proof that the registration of their account occurred before the beginning of
the competition. Entrants must be the owner of the account from which the entry
is received. In the event of a dispute as to any registration or entry, the
authorised account holder of the account used to enter will be deemed to be the
entrant. The potential winner may be required to show proof of being the
authorised account holder for the account. Unless otherwise specified, in the
event that an entrant submits multiple entries in a single day via the same
social media account, the first entry only shall be accepted. We reserve the
right to disqualify any entrant using multiple social media accounts to obtain
additional entries in breach of these Competition Terms.
5.4         We reserve
the right to remove any offensive, infringing or inappropriate posts on our
social media pages and elsewhere in connection with any competition and to
exclude those responsible for such posts from any competition.
5.5         We will not
accept entries that are: automatically generated by computer; completed by
third parties; completed in bulk; incomplete; illegible; altered,
reconstructed, forged or tampered with; or photocopies and not original.
Entries made by any other individual or any entity, and/or originating at any
other website or e-mail address, including but not limited to commercial
sweepstakes subscription notification and/or entering service sites, will be
declared invalid and disqualified. We reserve the right to disqualify, without
prior notice and without liability to any entrant, any entries to any
competition which we consider in our sole discretion to have been submitted by
improper technical means, in breach of these Competition Terms and/or which we
believe to be or have been notified is fraudulent.
5.6         For help
with entries, please contact Zavvi.
6.            PRIZES
6.1         The full
details of any prize that may be awarded as part of a competition will be set
out in the information provided to potential entrants for that competition (for
example, in the Competition Materials).
6.2         If for any
reason an advertised prize is unavailable, we reserve the right at our absolute
discretion to substitute an alternative prize of equivalent or greater value
(including an equivalent cash prize).
6.3         For each
competition, only one prize will be awarded per entrant / email address, and
only one prize will be awarded per household. If we are notified or otherwise
become aware that more than one prize has been awarded to the same entrant or
entrants in the same household, we reserve the right to disqualify those
entrants and select alternative winners in accordance with these Competition
Terms.
6.4         Except as
set out in these Competition Terms or otherwise specified in any applicable
Competition Materials, there will be no cash or other alternative to the prize
offered and prizes are not negotiable or transferable.
7.            WINNER
SELECTION AND NOTIFICATION
7.1         Winners
shall be selected (a) for any prize draw, at random by a draw performed by a
computer process or supervised by an independent adjudicator (as applicable),
from all eligible entries received in accordance with these Competition Terms;
or (b) for any skills competition (where you are required to submit content to
us as part of the competition), by a judge or judging panel based on specific
criteria. The full details of the winner selection process for each
competition, including if applicable any relevant judging criteria, shall be
set out in the information provided at the point of entry (for example, in the
Competition Materials). All of our decisions and the decisions of any judge(s)
shall be final and binding and no correspondence will be entered into regarding
the outcome of any competition, except for with the winner(s).
7.2         We will
make reasonable efforts to contact each winner within 28 days after the
relevant selection process ('Winner Notification'). Please allow 28 days for
delivery of all prizes from the date of the Winner Notification. We shall not
be held responsible for any delays in awarding the prize arising from reasons
outside of our control.
7.3         If a
potential winner of a competition is unable to take up a prize for any reason
or if the winner cannot be notified after reasonable efforts having been made
then we reserve the right to select an alternative winner in accordance with
the selection process outlined above without any liability to the potential
winner.
7.4         The surname
and counties of winners may be published on our Website and/or on our pages on
Facebook, Twitter, Instagram or other social media platform. If you object to
any or all of your surname or county being published or made available, please
contact us at Zavvi. We may nonetheless be required to share this information
with third parties to comply with our regulatory obligations, including without
limitation to the UK’s Advertising Standards Authority.
7.5         For skills
competition, where winner(s) shall be selected by a judge or judging panel, we
will also send the full names of the judge(s) on receipt of a request [by
e-mail toZavvi] within 2 months of the closing date or shall publish the names
on our Website and/or on our pages on Facebook, Twitter or other social media
platform.
8.            CLAIMING
PRIZES
8.1         Any
specific steps that must be taken by a potential winner to claim a prize will
be set out in the applicable Competition Materials and in the Winner
Notification.
8.2         For prizes
involving travel:
•             travel
arrangements are the responsibility of prize winners unless otherwise stated
(for example in the Competition Materials); and
•             we
reserve the right to require written permission from the parent or guardian of
any winner who is under the age of 16 and to require such a winner to choose as
a companion someone 18 or over.
We will not be responsible if any entrant is unable to
redeem their prize due to failure to comply with the requirements set out here
and in the applicable Competition Materials.  
8.3         Competition
prizes/tickets may be restricted to certain times of the year and unless
otherwise stated all prizes must be taken within 6 months of the date of the
competition drawing. Any competition-specific restrictions will be notified to
entrants prior to entering the competition (for example, in the Competition
Materials).
8.4         Some prizes
may be supplied by third parties. Where prizes are to be provided by a third
party, this will clearly be explained in the information provided to potential
entrants and any potential winner will be required to complete all appropriate
or applicable booking or other formalities direct with such third parties. To
the extent permitted by applicable laws and regulations and subject to section
12 (Our responsibility for loss or damage suffered by you), we make no warranty
or representation as to the quality, value, merchantability or fitness for
purpose of any prizes supplied by third parties and assume no responsibility
for the acts or omissions of any other persons or companies including any third
party suppliers or non-performance by those suppliers or defects in the prizes.
You should refer to the terms and conditions of any third party suppliers
notified to you.
8.5         A prize
cannot be exchanged, refunded or transferred. Except as set out in these
Competition Terms, no cash alternative is available. A prize may not be claimed
by a third party on a winner’s behalf. We do not accept any responsibility if a
winner is not able to take up a prize for any reason whatsoever.
9.            SUBMISSION
OF CONTENT
9.1         You are
solely responsible for any competition entry that you submit and its content.
When you submit a competition entry (including any accompany materials), you
confirm that your entry does not contain content:
•             that may
infringe the rights of other parties, including patents, copyrights, trade
secrets, trademarks, a person's data protection rights, rights to privacy or
publicity rights;
•             that may
depict or identify minors, their personal details, their address or ways to
contact them;
•             that is
or appears to be of commercial nature, including advertisements, sponsorships,
solicitations, endorsements and public relations material;
•             that is
false, inaccurate or misleading;
•             that may
include software viruses, spyware or any other malicious applications;
•             that may
encourage, support, assist, or advise in the commission of a criminal offence;
•             whose
publication is prohibited by any applicable law; or
•             that may
be threatening, abusive, harassing, defamatory, libellous, vulgar, discriminatory,
violent, obscene or racially, ethnically or otherwise objectionable.
9.2         Where a
competition requires you to submit, post or re-post content, you must not:
•             violate
any rules, guidelines or instructions that we may convey regarding the
competition;
•             interfere
with or disrupt the operation of the competition;
•             engage in
any action that may adversely affect other entrants, or, where a judging panel
has been appointed, manipulate the judgment or evaluation of competition
entries;
•             disparage
us or harm our goodwill or reputation;
•             breach
the security of our Website or social media accounts/pages or any promotion
systems used or identify any security vulnerabilities in them;
•             impersonate
any person or entity, or make any false statement pertaining to your identity;
or
•             engage in
any activity that constitutes or encourage conduct that would constitute a
criminal offence, give rise to civil liability or otherwise violate any
applicable law, including laws governing privacy, defamation, mass email, spam,
export control, consumer protection, unfair competition and false advertising.
9.3         We reserve
the right to remove any offensive, infringing or inappropriate posts published
on our social media pages and/or published in connection with any competition,
and to exclude those responsible for such posts from the competition and/or any
future competitions.
9.4         Any post
required for or related to a competition on social media that you publish on or
through your Facebook, Instagram or Twitter account must include:
•             the
following hashtags: #ad (which must be placed prominently at the beginning of
the post); and
•             where the
promotion requires entrants to share or re-tweet our posts, any links contained
in the original social media post published by us (for the avoidance of doubt
including a link to these Competition Terms) and any hashtags included in that
post.
9.5         When you
submit an entry through your social media account, you confirm that all tags
associated with the content are accurate.
9.6         Any entrant
that does not tag their post in accordance with these Competition Terms shall
be automatically disqualified, and their entry shall be deemed to be invalid.
10.         OWNERSHIP
OF ENTRIES AND INTELLECTUAL PROPERTY RIGHTS
10.1       All entries
(including any accompanying materials) submitted will become our intellectual
property on receipt. You hereby grant ownership to us and waive any and all
moral or related rights that you may have in any entry. You agree not to
provide any entry in which any third party has any intellectual property, moral
or related rights in the entry without procuring a transfer or waiver of those
third party rights.
10.2       You agree
that we may, but that we are not required to, make your entry (including
accompanying materials) available on our Website, our social media pages, and
any other media, whether now known or invented in the future, and in connection
with any publicity of any competition.
10.3       You agree to
grant to us a non-exclusive, worldwide, irrevocable licence, for the full
period of any intellectual property rights and moral rights in the entry and
any accompanying materials which you are unable to assign, to use, display,
publish, transmit, copy, edit, alter, store, re-format and sub-licence the
entry and any accompanying materials for such purposes.
10.4       You agree to
execute any such documents and perform such acts as may be required or as
deemed necessary by us for the purpose of giving full effect to this section.
11.         SOCIAL
MEDIA DISCLAIMER
11.1       The
competitions are in no way sponsored, endorsed or administered by, or
associated with, Facebook, Twitter and/or Instagram.
11.2       Facebook,
Twitter and/or Instagram are hereby fully released (by us and by you) from all
liability that may arise from any matter related to any competition, and
Facebook, Twitter and/or Instagram may not be held liable for any claim arising
from your participation in any competition or taking up a prize.
11.3       You
acknowledge that, by your actions in re-tweeting or reposting any post, that your
post shall be publicly visible, and you agree that the post may be shared by
third parties in various social media outlets and that we and/or Facebook /
Twitter / Instagram (as applicable) is not responsible for any reposting or
other use of its posts by third parties.
12.         OUR
RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1       We do not
exclude or limit in any way our liability to you where it would be unlawful to
do so. This includes death or personal injury caused by our negligence
(including that of our employees or sub-contractors) or for fraud or fraudulent
misrepresentation.
12.2       If we fail
to comply with these Competition Terms, we shall only be liable to you for
losses that you suffer as a result of our failure to comply (whether arising in
contract, tort (including negligence), breach of statutory duty or otherwise)
which are a foreseeable consequence of such failure. Loss or damage is
foreseeable if it is an obvious consequence of our breach or negligence or if
it is contemplated by you and us when the contract is created.
12.3       We will not
be liable for or accept any responsibility for:
•             any
failure by the winner or any entrant to comply with these Competition Terms;
•             any
disruption, delay or misdirection of entries;
•             any
server, system or network failures, malfunctioning or inaccessibility.
Entrant’s sole remedy is another entry in the competition,
if possible.
13.         WE MAY
TRANSFER THESE TERMS TO SOMEONE ELSE
We may transfer our rights and obligations under these
Competition Terms to another organisation. We will always tell you in writing
if this happens and we will ensure that the transfer will not affect your
rights under these Competition Terms.
14.         YOU MAY
ONLY TRANSFER THESE TERMS AND CONDITIONS IF WE AGREE
You may only transfer your obligations and rights under
these Competition Terms if we agree in writing.
15.         NOBODY ELSE
HAS RIGHTS UNDER THESE TERMS
Only you and us are entitled to enforce these Competition
Terms. Nothing in these Competition Terms shall give, directly or indirectly,
any third party any enforceable benefit or any right of action against us and
such third parties shall not be entitled to enforce any term of these Competition
Terms against us.
16.         INVALID
PARTS OF THESE TERMS
If any part of the Competition Terms shall be deemed
unlawful, void or for any reason unenforceable, then that provision shall be
deemed severable from these Competition Terms and shall not affect the validity
and enforceability of any remaining provisions of the Competition Terms.
17.         EVEN IF WE
DELAY IN ENFORCING THESE TERMS, WE CAN STILL ENFORCE THEM LATER
Any delay or failure by us in exercising, or any waiver by
us of, our rights under or in connection with these Competition Terms will not
limit or restrict the future exercise or enforceability of those rights.
18.         WHAT
COUNTRY’S LAW APPLIES TO ANY DISPUTE?
For each competition, the Competition Terms and any dispute
arising therefrom shall be governed by English law and the parties submit to
the non-exclusive jurisdiction of the English courts. This choice of law does
not deprive you of any mandatory protection afforded to you under the laws of
any other part of the UK in which you reside, and this choice of jurisdiction
shall not limit your right to bring proceedings in any other court of competent
jurisdiction, including any other part of the UK in which you reside (if and to
the extent permitted by applicable law).
19.
Uncharted Instagram Competition
The Competition runs from 00:00am on 29/04/22 until 29/05/22 at 11:59. Delivery is available to one address within mainland UK only; Prizes are non-transferable and non-refundable; No cash alternative is available; Due to industry-wide supply chain issues, there may be unforeseen delays to deliveries of physical prizes; We will endeavour to get products delivered to winners as quickly as possible; All prizes are subject to availability; In the event that any of the products listed above are unavailable, an alternative product of equal value will be provided; The prize may need to be signed for on delivery and it is the recipient’s responsibility to ensure that all items are present, correct and undamaged; recipient may need to provide ID on delivery; It is the responsibility of the winner or the winner’s parent/guardian to provide the correct delivery information to prize provider; Items may arrive separately; The prize excludes anything not expressly listed above; The Prize Provider is Element London Ltd. Any personal data submitted by the winner to the Prize Provider will be treated in accordance with Prize Provider’s privacy policy, which is accessible HERE

			
			
				
			
			
		