"We" , "Us" are alternative terms for HG Entertainment LIMITED.
"You" ,"User" , “Customer” are terms which refer to customers and visitors of our website(s).
“Courier” refers to any of the courier companies named in the ‘Shipping’ section of the website.
“Website” refers to www.hgentertainment.co.uk and / or www.hgentertainment.com which are both domains registered to HG Entertainment LIMITED.
HG Entertainment LIMITED is registered in England & Wales at 21 Aylmer Parade, Aylmer Road, London, N2 0AT. Company No. 06514400. An alternate address for the company is: HG Entertainment LIMITED 24-26 Arcadia Avenue, London, N3 2JU.
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These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information. We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
1. Placing an Order
1.1 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Your payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted to us when we send to you an email that the goods have been sent to you. Our acceptance of your order brings into existence a legally binding contract between us.
1.2 All orders are dispatched using a service that requires the consignee to sign for the order on receipt. All orders are dispatched with the correct insurance cover with the applicable courier.
1.3 We reserve the right to refuse any order in the instance where:
(i) Goods are not available.
(ii) We are unable to obtain the correct authorisation for your payment.
(iii) There is an error in product description or price displayed.
(iv) You do not meet any of the eligibility criteria as set out in our Terms and Conditions.
1.4 All orders are subject to acceptance and availability. Each product detail page displays one of 3 statuses:
- In stock – these items will usually dispatch within 24 hours. The estimated time of arrival is then dependent on the shipping method that has been selected on checkout.
- Availability 3-5 days – the estimated time of arrival for these items is 3-5 days in addition to the speed of the shipping method that has been selected on checkout.
- Out of stock – these items are not in stock & have no immediate estimated time of arrival. These cannot be ordered and pages are kept for reference only/until stock returns.
If there is a problem or the Goods you have ordered are not available from stock, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available from stock or to cancel your order.
1.5 Payment processing on this website is facilitated by Google Checkout®, Paypal® and Paypoint®. These payment processors have their own rules and regulations as to their use. It is the user’s responsibility to familiarise themselves with these rules and regulations. We reserve the right to cancel orders placed via our websites for which the user has paid via payment processors Google Checkout®, Paypal® or Paypoint® but does not pass security checks carried out by them.
1.6 We will charge your credit account for payment upon receipt of your order unless delivery cannot be fulfilled within 30 days. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from your account then we can cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have.
2. Cancellation and Returns Policy.
2.1 Under the Distance Selling Regulations you have the legal right to cancel your order within seven days of receipt of your goods (with the exception of any made to order items). You do not need to give us any reason for canceling your contract nor will you have to pay any penalty. However, you will need to notify us if you wish to cancel your contract.
2.2 You cannot cancel your contract if the goods you have ordered are newspapers or magazines or if you have taken any audio or video recording or computer/video game software out of the sealed package in which it was delivered to you.
2.3 If you have received the goods before you cancel your contract then (unless, under clause 2.2, for which you do not have a right to cancel) you must send the goods back to our returns address- HG Entertainment LIMITED (Returns), 24-26 Arcadia Avenue, London, N3 2JU- at your own cost and risk. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
2.4 Once you have notified us that you are cancelling your contract, any sum debited to us from your debit/credit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
2.5 You will be re-credited for the costs incurred in returning faulty or unsatisfactory goods.
2.6 In addition to the seven working day period imposed by Distance Selling Regulations, HG Entertainment LIMITED allows an additional seven working day period that begins immediately after the seven working days stipulated in accordance with Distance Selling Regulations. Returns may be initiated during this period may be for any reason, including change of mind, but acceptance will be decided at the sole discretion of HG Entertainment LIMITED. Original postage costs are deemed as a completed 'service' and as such, costs will not be refunded for returns made during this extended period.
3. Website Service Access
3.1 Whilst we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.
3.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
4. Content, Material and Conduct
4.1 Certain aspects of this website including but not limited to ‘Your Space’ and ‘Customer Reviews’ are user controlled. Whilst we attempt to ensure that all content of this website is decent, HG Entertainment LIMITED accepts no responsibility for any user created material. The views expressed do not reflect those of HG Entertainment LIMITED or any of its affiliates. We reserve the right to remove any user created material if and when we chose to do so and without prior warning.
4.2 Certain games and films (movies) carry certificates and age restrictions. These are mentioned on the product page. HG Entertainment LIMITED does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use HG Entertainment LIMITED’s websites only with the involvement of a parent or guardian. HG Entertainment LIMITED accepts no responsibility to ensure that users are above the legal age to use items purchased via its website(s).
4.3 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.4 You are prohibited from posting or transmitting to or from this website any material:
(i) That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
(ii) For which you have not obtained all necessary licenses and/or approvals;
(iii) Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(iv) Which is technically harmful including without limitation: computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.
4.5 You may not misuse the website including, without limitation, by hacking.
4.6 HG Entertainment LIMITED will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 4.4.
4.7 Whilst using our website(s), you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner.
4.8 You agree to provide us with information which is correct, current and complete and inform us immediately of any changes to the information that you provided when registering with our website. You can access and update much of the information you provided us with in your user area of the website.
5. Value Added Tax (VAT)
5.1 The prices payable for goods that you order are as set out in our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
6. Links to and from other websites
6.1 Links to third party websites on this website are provided for your convenience and/or for advertising purposes. We have not reviewed all of these third party websites nor are we responsible for their content or availability. We therefore do not endorse or make any representations about them, any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
6.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(i) You obtain permission from HG Entertainment LIMITED before doing so.
(ii) You do not make any alterations to the appearance of the HG Entertainment LIMITED logo.
(iii) You do not in any way imply that we are endorsing any products or services other than our own.
(iv) You do not misrepresent your relationship with us nor present any other false information about us.
(v) You do not link from a website that is not owned by you.
(vi) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 6.2 for breach of these terms and to take any action we deem appropriate.
6.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 6.2.
7. Disclaimer
7.1 While we endeavour to ensure that the information on this website is correct, we do not guarantee the accuracy and completeness of the material on this website. We may alter the material on this Website, or the products and prices and descriptions, at any time without notice. The material on this website may be out of date and we make no commitment to update such material.
7.2 The material on this website is provided "as described" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.
7.3 The following domains: www.hgentertainment.co.uk and www.hgentertainment.com.
Are registered to HG Entertainment LIMITED.
HG Entertainment LIMITED will include your name in all correspondence initiated by HG Entertainment LIMITED to you personally. HG Entertainment LIMITED will never ask for your sensitive personal information- including but not limited to your site password, bank account information, credit card information, address, email address, telephone number- in an unsolicited email. HG Entertainment LIMITED will not send you attachments in an email. If you are suspicious of an email, please forward it to our Protections Team and delete immediately. HG Entertainment LIMITED accepts no responsibility for any financial (or otherwise) losses due to the cloning/mirroring of any email addresses connected to either of its domains, but will actively attempt to prevent such losses from occurring.
8. Liability
8.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, inability to use or the results of use of this website, any websites linked to this website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
8.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
8.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
8.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
9. Governing Law and Jurisdiction
9.1 This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
9.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
9.3 We will actively seek the prosecution of any parties attempting to use this website fraudulently including but not limited to fraudulent chargebacks.
10. Miscellaneous
10.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
10.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
10.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
10.4 In order to promote hassle-free registration for our customers, this website uses postcode look-up software. The use of this software is intended for solely for the use of customers who intend to checkout via www.hgentertainment.co.uk or register their details on www.hgentertainment.co.uk. IP addresses are logged and no more than 5 requests should be made from any one IP address. Misuse of this feature is strictly prohibited and we reserve the right to take legal action against and seek damages from any person(s) found to be abusing this feature on our website. This includes, but is not limited to, placing an unauthorised link to this feature from another website in a bid to exploit the feature whilst masking the origin of the webform.
10.5 The Returning Customer discount is a programme designed to reward customers for returning to our store. Discounts will be applied based on customers' membership level. Membership levels are based on account spend. There is no cash redemption value. The discounts issued cannot be sold or transferred to another member account. If a transaction on which the discount is earned/used is cancelled, reversed or returned, HG Entertainment LIMITED reserves the right to reverse the discount or lower a customer's membership level. Customers' details are used in accordance with our privacy policy. HG Entertainment LIMITED reserves the right to amend or suspend this programme without notice and at its sole discretion.
Terms & Conditions updated: May, 2009. |
