These International Terms and Conditions of Sale apply to all orders placed for delivery outside of the United Kingdom.
store.hmv.com is a website operated by HMV Ecommerce Limited incorporated and registered in England and Wales with company number 09321397, whose registered office is at 80 NEW BOND STREET, LONDON, W1S 1SB and whose principal place of business is at MERMAID HOUSE, PUDDLE DOCK, BLACKFRIARS, LONDON, EC4V 3DB.
The following definitions shall apply to the Website Terms and Conditions of Use, the United Kingdom Terms and Conditions of Sale and the International Terms and Conditions of Sale.
‘Content’ – means all software, photographs, video clips, graphics, sound, audio recordings and all other content shown on the Website.
‘GBP’, ‘us’, ‘we’, ‘our’ – means Great Britain Pounds (Sterling).
‘HMV Ecommerce’, ‘us’, ‘we’, ‘our’ – means HMV Ecommerce Limited.
‘HMV Retail Store’ – means individually each ‘hmv’ or ‘fopp’ branded retail store in England, Scotland, Wales, Northern Ireland, Isle of Man and Guernsey that is operated by HMV Retail Limited.
‘International Terms and Conditions of Sale’ – means these terms and conditions of sale that shall apply to all orders place for delivery outside of the United Kingdom.
‘Royal Mail’ – means Royal Mail Group Limited.
‘United Kingdom’ – means England, Scotland, Wales, Northern Ireland and the Channel Islands.
‘VAT’ – means Value Added Tax in the UK as provided for in the Value Added Tax Act 1994 or its equivalent in any other jurisdiction and any similar replacement or additional tax.
‘Website’ – means the website at store.hmv.com.
‘Website Terms’ – means jointly (i) the Website Terms and Conditions of Use and (ii) the International Website Terms and Conditions of Sale or the United Kingdom Terms and Conditions of Sale (as appropriate).
‘you’ and ‘your’ – means a user of the Website
COUNTRIES WE DELIVER TO
- Republic of Ireland
- United Kingdom
Currently, with the exception of the Republic of Ireland, we do not deliver to any other countries outside of the United Kingdom. We plan to offer shipping to additional countries in the future.
PLACING AN ORDER
You must be at least eighteen (18) years old to order goods on the Website and by placing an order you therefore warrant that you are at least eighteen (18) years old.
The prices payable for the goods that you order are clearly set out on the Website and are in GBP.
All prices are expressed inclusive of any VAT that is payable at the relevant prevailing rate in the United Kingdom. The correct destination country VAT shall be applied at the checkout, therefore if the rate of VAT to the country of delivery is different to the rate in the United Kingdom, the price of the goods will change and will be shown at the relevant price at the checkout. For this reason, multibuy promotions (eg 2 CDs for £10) may be different to the advertised GBP price on the website.
For deliveries outside the European Union, the price remains the same, but VAT is not charged, and customers are not entitled to any discounts or VAT refunds.
Delivery charges are applicable on all goods that you order, and you will be informed of the cost before your order is accepted.
Prices and offers may vary from time to time and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at the discretion of HMV Ecommerce and at any time.
The prices for goods on the Website may differ to the prices for the same goods in any HMV Retail Store in the United Kingdom.
Every effort is made to ensure that the prices shown on the Website are correct. In the unlikely event that an error is made in the price shown on the Website, HMV Ecommerce will not be obliged to supply the goods to you at the incorrectly stated price. In these circumstances, we shall not dispatch the goods affected but will notify the correct price to you so that you can decide whether to proceed with your order at that price. If we are unable to contact you using the contact details you provided to us, we shall treat the order as cancelled and notify you via email.
If the pricing error is obvious and unmistakeable and could easily have been recognised by you as a mispricing, we do not have to provide the goods to you at the incorrect price.
Where goods are offered for sale on the Website prior to general release, the price shown for those goods is subject to change. In the event that we increase the price, we will still charge you the price that was listed on the Website when you placed the order.
Payment for goods and any applicable delivery charges can be made using the following methods of payment; Visa, Mastercard, Maestro, American Express, PayPal and MasterPass.
All pricing shown on the Website is in GBP, therefore if your payment method pays with alternative currency, your card provider or bank will determine the exchange rates to be applied and may add an additional processing or administration charge in relation to such payments, which you will be liable to pay. You may have to contact your bank directly to ensure that the account is authorised to make payments from the country that the account is held in.
With respect to all payments made by (i) PayPal and (ii) MasterPass, payment is processed by us at the point the order is confirmed by you. With respect to payments by any other method, payment is processed by us at the point the goods are prepared by us for dispatch, note however that we may prepare pre-orders for dispatch up to fourteen (14) days before the advertised release date on the Website.
Pre-orders paid for via credit and debit cards shall be subject to a pre-authorisation charge at the time the order is placed of £1.00 GBP for each item. Such charges shall be held against the card until the goods are prepared for dispatch, we request full payment and the card issuer subsequently validates the payment.
If we cannot take payment from you for whatever reason, after three attempts we shall inform you and your original order will be cancelled and you will be requested to submit a new order with updated payment details or an alternative accepted payment method. If the order fails our security measures in relation to payment tendered, the order will be cancelled. We shall have no liability to you for any goods that we cannot subsequently supply (e.g. limited-edition goods) or if the dispatch of pre-release goods are delayed due to your methods of payment failing.
PUREHMV REWARDS CLUB
The purehmv rewards club is only available for use by residents of the United Kingdom. International customers cannot register to join and use the purehmv rewards club. No purehmv rewards club points will be accrued by purehmv members for orders shipped outside the United Kingdom.
PLACING AN ORDER
Once you have followed the ordering process on the Website and at the point you click ‘make payment’ you shall have placed an order with us. You will be sent an ‘order confirmation’ email detailing the goods you have ordered. Please note that this does not mean that your order has been accepted.
ACCEPTANCE OF YOUR ORDER
Completion of the online checkout process does not constitute acceptance by us of your offer to purchase goods from us. Our acceptance of the order will take place only when we are ready to dispatch the goods that you ordered.
Your order is an offer to buy goods from HMV Ecommerce. Nothing that we say or do (including receiving payment from you in accordance with your offer) will amount to an acceptance of that offer until we actually confirm that the goods are being dispatched.
There will be no contract between you and us unless and until you receive confirmation from us by means of an ‘order dispatch’ email that confirms that the goods you have ordered are being dispatched. At that point (and not before), a contract will come into existence between you and us, for the sale by us, of the ordered goods. At any point up until then, we may decline to supply the goods to you.
If your order is dispatched in more than one package, you shall receive confirmation from us in relation to each package dispatched and each dispatch shall be concluded as a separate contract of sale between you and us.
There are certain goods that we cannot deliver to selected countries, if you add these goods to your basket you will not be able to checkout.
We can currently supply:
- CDs and vinyl, DVD, Bluray, 4k Ultra HDs
- Individual items must be no more than £40.00GBP
- The total order must be no more than £270.00GBP
- Each order must weigh no more than 2kg
If we cannot supply you with the goods you have ordered for whatever reason, we will not process your order and will inform you of this via email and, if you have already paid for the goods, refund you as soon as reasonably possible by way of refund to the original method of payment and including refund of any relevant refundable delivery cost charges. We shall have no liability to you other than by way of refunding any and all monies paid by you to us for the goods we cannot supply.
We shall arrange delivery of the goods to the delivery address that you nominate when you place the order. Goods may be dispatched and arrive separately.
Delivery shall be made as soon as possible after your order is processed but in any event within fourteen (14) days of us sending you an ‘order dispatch’ email.
If you are not available to receive the goods when they are delivered they will either be left with a neighbour or returned to the local delivery office, in accordance with the standard practice in the country of delivery.
Where the goods have not been received at the nominated delivery address following the relevant period listed above since the ‘order dispatch’ email has been sent by us, you must promptly contact us to advise us of non-delivery and in any event, you must contact us no later than sixty (60) days from the date the ‘order dispatch’ email was sent and your account was updated to show that the goods had been dispatched. We shall not be obliged to investigate any claims or process any refunds for non-delivery of goods reported to us after this timeframe.
New releases shall generally be dispatched prior to the advertised release date, however we are under no obligation to ensure that they are delivered by the advertised release date. Please note that release dates frequently change from the initially advertised release date.
RESTRICTIONS, IMPORT AND SALES TAX
All orders are delivered VAT paid.
VAT NUMBERS FOR HMV ECOMMERCE
- Republic of Ireland - 3564461PH
- United Kingdom - GB 205 9637 01
Risk of loss and damage of the goods passes to you on the date and time when the goods are delivered to the nominated delivery address.
Where the supply of goods is delayed or prevented for reasons beyond our control we will be under no liability to you for such delay.
Goods that are advertised on the Website as part of a multibuy promotion (e.g. 2 CDs for £10) shall each be dispatched as soon as they are available. In the event that we are unable to supply any individual component of the multibuy order, the order for the individual item(s) we are unable to supply shall be cancelled within 30 (thirty) days from the date the order was placed and in the event that you have paid for the goods we cannot deliver, we shall refund you the for the goods we cannot supply to the original method of payment.
You may cancel your order at any time before it is processed by emailing email@example.com. If the goods have not been dispatched and we have sufficient time to prevent dispatch, we will not process payment or dispatch the goods.
In the event that you cancel your order too late for us to prevent dispatch, or after the goods have already been dispatched, you can refuse to take delivery so that the ordered goods are returned to us and, provided that you have not opened or damaged the ordered goods, we will refund the price paid to the original method of payment.
You are entitled to cancel your contract of an order (or part order) (under the Consumer Rights Directive 2011/83/EC) if you wish, provided that you inform us of your intention to cancel no longer than fourteen (14) days after the day on which you receive the goods. If you decide to cancel your order (or part of an order) you should contact us via email at firstname.lastname@example.org to clearly advise us of your intention to cancel, including details of the order (or part of an order) you wish to cancel and your name and address. You should return the goods to us and at your cost within fourteen (14) days from the date you advise us you wish to cancel the order (or part order) to HMV Ecommerce Limited, Returns, Unit 3B Merlin Park, Wood Lane, Erdington, Birmingham, United Kingdom, B24 9QJ. If, after contacting us to advise of your intention to cancel the order (or part order), you do not return the goods to us within fourteen (14) days from the date you informed us you wish to cancel the order, you will be deemed to have accepted the goods.
CONDITION OF RETURNED GOODS
You must take reasonable care of the goods whilst they are in your possession and such goods must be unused and returned in the original packaging and in the same condition as they were when received by you. Any security seals must be unbroken and any activation codes that came with the goods must be intact and unused.
- In the case of media goods (including but not limited to; compact disc, vinyl, digital versatile disc, blu-ray and computer games) any shrink-wrap and/or any other packaging must be intact.
- In the case of merchandise goods (including but not limited to; pop vinyl, mugs and bags), you may examine the goods as you would in a shop, but you must not use them. If the goods are encased in plastic blister packs or sealed packaging, these goods must be returned unopened and with the packaging intact. Where goods are able to be opened without breaking any seals, care must be taken not to damage any packaging. Goods must be repackaged in exactly the same way as they were when they were received by you.
- In the case of clothing, the clothing may be worn only for as long as is absolutely necessary to ensure that the clothing is suitable. All clothing must be returned in the same clean and folded condition that they were in when they were received by you and any labels that were on the clothing must still be attached.
- In the case of technology goods, you may examine the goods as you would in a shop, but you must not use them, or (where relevant) install them, set them up as if they were to be used, input any data or software, install batteries or connect them to mains power. If the goods are encased in plastic blister packs or sealed packaging, these goods must be returned unopened and with the packaging intact. Where goods are able to be opened without breaking any seals, care must be taken not to damage any packaging. Packaging must only be opened to the extent absolutely necessary and the goods must be repackaged in exactly the same way as they were when they were received by you.
FAULTY AND DAMAGED GOODS
If you receive goods from us that are damaged upon delivery or have a manufacturer’s fault, you must email us at email@example.com including details of the order, the damage or fault and your name and address. Do not return the goods unless you have been instructed by us to do so.
RETURN OF GOODS CARRIAGE
If you choose to return any goods to us (including under your right to cancel), we shall not be responsible for any loss or damage to the goods while in transit and, for this reason, we recommend that you use a recorded delivery service. If returned goods are lost or damaged in transit, we reserve the right to charge you (or not to refund any monies attributable to) for such loss or damage. You are responsible for all costs to return goods to us unless we advise you otherwise via email.
Once the goods are returned to us we shall refund to you, by the method that you used to pay for the original transaction, the amount in relation to the goods which the cancellation rights apply and within fourteen (14) days from the date we received the goods at our warehouse. If you choose to return all the items in your order, this includes refunding the cost of delivery if you had paid any monies with regards to our least expensive standard delivery only. If you paid any delivery charges outside of our least expensive standard method of delivery, we shall not refund these costs. If you are not returning all the items in your order, the initial delivery cost will not be returned to you. We may make a deduction from the refund for loss in value of any goods returned if the loss is the result of unnecessary handling by you.
All goods purchased through the Website will correspond with their relevant description on the Website, and they will be of satisfactory quality and fit for non-commercial, domestic use. We do not make any other promises or warranties about the goods.
This warranty does not apply to any defect in the goods arising from (i) fair wear and tear, (ii) wilful damage, abnormal storage, accident, negligence by you or a third party, or (ii) if you fail to use or operate the goods in accordance with the usual usage for such goods or follow user instructions.
Some of the goods may come with a manufacturer’s guarantee. For details of the applicable terms and conditions, you should refer to the manufacturer’s guarantee which is supplied with the goods. Instructions and safety warnings may not be in destination country languages.
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. HMV Ecommerce shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
Save in the case of death or personal injury due to the negligence of HMV Ecommerce 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).
HMV Ecommerce accept no responsibility for any loss or damage caused by us (or our employees, agents or subcontractors) where such loss is: (i) 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; (ii) related to a business; or, (iii) 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 any non-excludable statutory rights as a consumer.
You are responsible for the use of the goods that you obtain from us. We exclude all liability to the extent permitted by law.
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.
HMV Ecommerce shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control.
If any part of these Website Terms is deemed unlawful, void or for any reason unenforceable (including any provision in which HMV Ecommerce excludes its liability to you) then that provision shall be deemed to be severable from the Website Terms and shall not affect the validity and enforceability of any other part of the Website Terms.
No waiver by HMV Ecommerce shall be construed as a waiver of any preceding or succeeding breach of any provision.
OTHER LEGAL NOTICES
There may be legal notices on other areas of this Website which relate to your use of the Website, all of which will, together with these Website Terms govern your use of this Website.
HMV Ecommerce operates a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please write to: Customer Services, HMV Ecommerce Limited, Mermaid House, Blackfriars, London, United Kingdom, EC4V 3DB or or email us at firstname.lastname@example.org.
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any dispute between us. By accessing this Website, you agree to submit to English law. All contracts and correspondence shall be concluded in English.
These Website Terms set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
You confirm that, in agreeing to accept the Website Terms you have not relied on any representation save insofar as the same has expressly been made a term of these Website Terms and you agree that you have no remedy in respect of any representation.
UPDATES TO THE WEBSITE TERMS
HMV Ecommerce reserve the right to change the Website Terms at any time. Any such change shall take effect when posted on the Website and it is your responsibility to read the Website Terms on each occasion that you use the Website and your continued use by accessing, browsing, registering with, or placing an order on the Website, shall signify your acceptance to be bound by the then current Website Terms. If you do not agree to the Website Terms in their entirety you should not use the Website.
Last updated: 24th September 2018