These Online Product Sale Terms and Conditions (the "Terms") incorporate the Privacy Statement, Cookie Statement and Website Terms and Conditions. Together they govern your use of the www.xtra-vision.co.uk and www.xtra-vision.ie web site (the "Site" and your relationship with hmv International Online Limited ("hmv", "Us", "We" or "Our") related to purchases made from the Site.
Please read these Terms carefully before ordering any product from the Site as they affect your legal rights and responsibilities, and set out the basis on which We make products available to you.
All orders and purchases from the Site will be governed by these Terms. If you do not agree to these Terms, please do not order products from the Site. THESE TERMS DO NOT AFFECT YOUR STATUTORY RIGHTS.
1. Age Restriction
You must be at least 18 years old to order products on the Site.
You are not permitted to buy an age-restricted product if you are under the age limit specified for that product. If you are ordering for any other person, it is your responsibility to ensure that the intended recipient is of the appropriate age to view and use the product.
If a child watches or uses an age-restricted title when they are not of the relevant age, they may become upset by the content of such title. We urge you to act responsibly when choosing products for use by others.
2. Your Use of the Site
This Site and the products offered on the Site are for personal, non-commercial use.
You are responsible for your own communications, and you may not post, disseminate or transmit any content that:
3. Prices & Product Information
The prices payable for the products that you order are clearly set out on the Site. All prices are expressed inclusive of any VAT payable. If charges are applicable for delivery on the products that you order, you will be informed before your order is accepted.
Every effort is made to ensure that prices shown on the Site are correct. In the unlikely event that an error is made in the price shown on the Site, We will not be obliged to supply the product to you at the stated price. In those circumstances, We will not dispatch the item but will notify the correct price to you so you can decide whether to proceed with your order at that price.
Where products are offered on the Site prior to general release, the price shown for those products will be an estimate that is subject to change. Where the prices for pre-released products that you have ordered do change, We will notify the correct price to you so you can decide whether to proceed with your order at that price.
Product information is included on the Site and if there is anything which you do not understand, or if you want more information, please contact the Our Service Team.
Items that are currently in stock will be clearly indicated on the Site. However, occasionally We may be unable to supply a particular item despite it being shown as in stock on the Site. If this happens, We will notify you as soon as possible.
You will not be charged for items until they are dispatched.
There will be no contract between you and Us unless and until you receive confirmation from Us that the product(s) that you have ordered are being dispatched. Your order is an offer to buy from Us. Nothing that We do or say (including receiving payment from you in accordance with your offer) will amount to any acceptance of that offer until We actually confirm that the product(s) are being dispatched.
At the moment that the products are dispatched (and not before), a contract will be made between you and Us for the sale by Us, and purchase by you, of the ordered product(s). At any point up until then, We may decline to supply the product(s) to you.
We shall deliver the products to the delivery address that you supply when ordering.
We aim to deliver your order to you in one single delivery (subject to availability) and as quickly as is possible. Most products will be posted to you within 1-2 working days of receiving your order. We will advise you by email if there is likely to be a delay in dispatching your order. Alternative methods of delivery may be available on the Site for you to select when you order a product.
Any times or dates stated on the Site for delivery are estimates only. We will make all reasonable efforts to deliver products within the time specified and, other than in the case of pre-orders or where We notify you that We are awaiting stock, this should be within 30 days of your order being acknowledged. We do not accept responsibility for failure to deliver within that time if it is for a reason that is outside of Our control.
Ownership of the products that you order will not pass to you until We have delivered the product. When a product is delivered, risk of damage to, or loss of, the product passes to you.
You may cancel your order at any time before it is processed by following the instructions in the "Help" section of the Site. If the item has not been dispatched, and We have sufficient time to prevent dispatch, We will not process payment from your card.
In the event that you cancel your order too late for Us to prevent dispatch, or after the product(s) have already been dispatched, you can refuse to take delivery so that the ordered product(s) are returned to Us and, provided that you have not opened or damaged the ordered product(s), We will refund the price paid to your card.
If you have taken delivery you must contact Us within 7 working days of receipt to organise a return and refund – for details on Our return and refund processes, please see the 'Returns' section at paragraph 8, below.
If you do not return the product(s) within 30 days of your notice of cancellation (whether such notice is given under this paragraph 7, or under paragraph 8) then, after Our reasonable attempts to recover the product(s), you will be deemed to have accepted the product(s), at which point a new purchase contract will be made and you will be charged for your order at the price set out on the Site.
We hope you will be happy with your purchase but should you wish to return any product that you have received please follow the instructions included in the 'My Account' section of the Site. Provided that you notify Us of your cancellation of any ordered product:
and you return the relevant product to Us in accordance with the returns processes set out below, We will either refund the cost of the relevant product to you or, if appropriate, replace or repair the relevant product. We may not accept a return where the reason for the return is your misuse of the product. This does not affect your statutory rights.
Returns process: Promotional offers
Returns of multi-buy or promotional offers may be subject to special conditions. You may be required to return all of the products ordered under a promotion to obtain a refund for a promotional product, or you may only be able to exchange a promotional product for a replacement or alternative product falling within the promotion.
We request payment as set out on the Site. Your credit/debit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Authority for payment must be given at the time of order. You will not be charged for items until they are dispatched and, for this reason, please ensure that the expiry date of your payment card is after the anticipated dispatch date - failure to do so may mean that We will be unable to fulfil your order.
Our liability to you in connection with any order will not exceed the total price charged for the relevant items.
10. Validation Checks
All credit / debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Us, We will not be liable for any delay or non-acceptance of orders. We reserve the right to require further proof of identification, including proof of age, if an order is placed using a debit card.
11. Customer Queries or Complaints
If you have any queries or complaints concerning your order, the Site, technical problems etc, you can contact our Service Team by:
Note, this address is not to be used for any returns.
12. Our Liability and Responsibility to You
We promise that all products purchased through the Site will correspond with their relevant description on the Site, and that they will be of satisfactory quality and fit for non-commercial, domestic use in the Territory as described in the manufacturer's specification. We also promise that We will carry out Our responsibilities with reasonable skill and care. We do not make any other promises or warranties about the products, or Our performance of the responsibilities assigned to Us in these Terms.
Save in the case of death or personal injury due to Our negligence or where We have acted fraudulently, Our total liability to you for any losses suffered by you will be limited to either the amount paid by you for the purchase of the relevant product, or to the provision of a replacement of the product concerned (where the original is returned to Us).
We accept no responsibility for any loss or damage caused by Us (or Our employees, agents or sub-contractors) where such loss is: a) not a foreseeable result to both you and Us (as at the time that you submit your order) of a breach of the relevant legal duty by Us; b) related to a business; or, c) related to loss or damage to premises or property unless caused by Our negligence or wilful misconduct.
The above limitations on Our liability do not affect your non-excludable statutory rights as a consumer.
You are responsible for the use of products that you obtain from Us. We exclude all liability to the extent permitted by law, for any costs, losses or damages resulting from or related to your use or attempted use of the products in countries outside the Territory.
Except in respect of a payment obligation, neither of us will be liable to the other for any failure to perform any obligation owed to the other due to causes beyond its reasonable control, for example, industrial disputes, fire, storms, failings of the internet or public communications networks, or technical difficulties.
13. Your Further Obligations to Us
You agree that you will not use the products for any commercial or illegal purpose or for any other purpose prohibited by these Terms or by the manufacturer's specifications.
You agree to abide by the terms of any copyright notice contained on any DVD, game, software or other product, for example, the prohibition on a) copying any games or DVDs; b) renting or otherwise supplying games or DVDs to third parties; or c) allowing minors to view unsuitable material. You must ensure that he health of viewers will not be adversely affected by the viewing of titles that you purchase (for example, epileptics watching films or games containing strobe lighting).
If you breach these Terms your permission to use the Site terminates immediately. We may also suspend or cancel your right to use the Site at Our discretion if We deem it appropriate. Any termination or suspension of your use of the Site will not affect either your or Our responsibilities to each other. We shall not be liable for any loss or damage from the illegal, incorrect or inappropriate use of the Site or the products purchased through the Site by you or anyone else.
14. Waiver and Severance
Any failure, or delay by Us in exercising any right or remedy under these Terms shall not prevent Us from being able to enforce that, or any other, right or remedy at a later time. If any provision of these Terms is held to be invalid or unenforceable by any court or other competent authority, all other provisions will remain in full force and effect.
You agree that We may assign any of Our rights and/or transfer, sub-contract or delegate any of Our obligations under these Terms. Where We do so, We will take steps to ensure that it does not affect your ability to rely on the rights that you may have under these Terms. These Terms are personal to you and are entered into by you for your own benefit and not for the benefit of any third party – you may only transfer or assign your rights under these Terms with Our prior consent, which We will not unreasonably withhold.
16. Variation of these Terms
In the event that We alter these Terms We shall take all reasonable and appropriate steps to make you aware of such changes, for example, by prominently displaying the amended version on the Site. If you do not agree to the amended Terms, please do not continue to order or purchase products from the Site.
In the event of any conflict between these Terms and the Website Terms and Conditions, these Terms shall prevail to the extent that such conflict relates to the sale of products on the Site.
All notices shall be given: