Terms & Conditions

AGREEMENT TO THESE TERMS AND CONDITIONS

The website www.lovefilm.com is owned and operated by LOVEFiLM International Ltd, trading as LOVEFiLM. Your use of the www.lovefilm.com website and membership of LOVEFiLM is at all times subject to LOVEFiLM's terms and conditions, which may be accessed at:

http://www.lovefilm.com/info/terms_and_conditions.html

Please note however, the Online Shop section of the www.lovefilm.com website is operated by The Hut.com (Trading) Limited on behalf of LOVEFiLM.

The Hut.com (Trading) Limited is a company registered in Jersey with company number 87702 and whose registered office is located at First Island House, Peter Street, St Helier, Jersey, JE4 8SG.

These Online Shop Terms and Conditions apply to all purchases you make from the Online Shop.

The products purchased on this site are for private and domestic use only and are not for re-sale.

All references to "we" or "us" in these Online Shop Terms and Conditions means The Hut.com (Trading) Limited.

Your contract for purchases from the Online Shop will be with us (ie not with LOVEFiLM) and we will be solely responsible for fulfilling all orders and dealing with any problems relating to your use of the Online Shop.

Please read these Terms and Conditions carefully before making any purchases from the Online Shop. Please note that these Terms and Conditions do not affect your statutory rights.

By accessing and using the Online Shop you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not make any purchases from and must exit the Online Shop immediately.

We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your use of the Online Shop will be the version that is current and displayed on the Online Shop as at each date you access the Online Shop. Your use of the Online Shop after changes are made means that you agree to be bound by such changes. You will be asked to read and accept these Terms and Conditions each time you place an order for a purchase from the Online Shop, so as to ensure that you are familiar with the most current ones.

Privacy Policy

We collect personal information about you through your use of the Online Shop (eg when you register with the Online Shop or when you make a purchase from the Online Shop). When we collect such information we are collecting it for and on behalf of LOVEFiLM, who will be provided with a copy of your personal information collected by us (except for your credit or debit card details, which will not be provided to LOVEFiLM and which will be used by us solely for the purpose of processing purchases made by you from the Online Shop).

Accordingly, please note that the collection and use of your personal information is subject to LOVEFiLM's Privacy Policy, which may be accessed at:

http://www.lovefilm.com/info/privacypolicy.html

LOVEFiLM will handle your personal Information as set out in its Privacy Policy.

Further, please note for the purpose of providing you with the products and services available from the Online Shop, LOVEFiLM may need to provide your personal information to third party vendors, suppliers and subcontractors (such as website hosting companies and credit card / payment processors), wherever such persons are located in the world. Please be aware that the laws of most countries outside the European Economic Area are generally not regarded as providing the same level of protection for personal information as those of countries making up the European Economic Area (ie such countries' laws are generally not regarded as providing "adequate" data protection as contemplated under Article 25 of the European Union's Data Protection Directive (95/46/EC)).

By accessing and using the Online Shop you agree to your personal information being provided to third parties located outside of the European Economic Area, including to us in Jersey. If you do not agree to this, you must not make any purchases from and must exit the Online Shop immediately.

YOUR CONTRACT WITH US

You will have an opportunity to check and correct any input errors in your order up until you click the "Submit Order" button.

After you submit an order we will give you an Order Reference Number and details of the products you have ordered. We will send the same details to you in an email acknowledging receipt of your order (Order Acknowledgement). This process is automated. We will then send a further email when we start dispatching your order (Order Dispatch). Please note that these emails are both acknowledgements, not acceptance of your order.

Important: Acceptance of your order and the creation of a legally binding contract between us will only occur when we debit your credit or debit card and dispatch the products to you, whichever is earlier.

When deciding whether or not to accept your order we may use certain information about you, including any received from credit reference agency checks with Experian Limited or other agencies. In particular, we may pass your details to Experian for them to check against certain public and private databases. Experian may keep a record to use in future security checks. This helps to protect you and us against fraudulent transactions.

We will tell you if your payment details cannot be authorised for any reason and may invite you to pay by another method.

Prices and Payment

All prices and charges on the Online Shop are in UK pounds.

The total cost of your order will be the price of the products you order. All these will be set out clearly in your Shopping Basket before you submit your order.

Prices, offers and products are subject to availability and may change before, but not after, we accept your order. If something becomes unavailable we may offer you an alternative.

We try very hard to ensure that all information on the Online Shop is accurate. However, just occasionally, an error can occur. If we discover an error in the price or description of a product you have ordered, we will contact you to ask whether you wish to continue with your order or cancel it.

We accept payment by most major credit and debit cards, except American Express. Payment is deducted when we process your order.

Restrictions - Age Requirements and Limits on Orders

To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must:

• if an individual, be 18 years of age or over (please click here for further information on age classifications); and
• stipulate a delivery address within the UK; and
• register your real name, address, phone number, e-mail address any other details requested; and

By offering to purchase goods and services you represent to us that you are 18 years of age or over and 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.

You also confirm that products ordered are for your own personal and domestic use and will not be re-sold, rented or handled in any other way.

We may place limits on the numbers of items of each product you may purchase.

DELIVERY AND INSTALLATION

Where We Deliver

Delivery must be to an address in the United Kingdom. Please make sure you keep the receipt enclosed with your goods.

Delivery Charges

We do not charge for delivery.

How and When We Deliver

As we use the Royal Mail, delivery times are calculated in working days (ie Monday to Friday inclusive, but excluding Bank Holidays). If you order after 11am, please calculate your delivery time as if your order had been placed the following working day. Please allow five working days from receiving the Order Dispatch email before contacting us regarding a late delivery.

Please note that we have to allow 14 days to elapse before we can track your lost items within the Royal Mail system.

Important: We do everything we can to meet the delivery times specified in this section. However, occasionally delivery times may be affected by factors beyond our control (eg problems obtaining authorisation for your payment) and therefore they cannot be guaranteed. We will inform you if we become aware of an unexpected delay.

Missing, Damaged or Incorrect Orders

We try very hard to ensure that you receive your order in pristine condition. If you have not received your order within the time periods set out above, either contact us or telephone on +44 (0) 844 801 0060. In the unlikely event that a product arrives damaged or faulty, please follow the instructions below.

Returns and Aftersales Policy

We want you to be happy with your products. If for any reason you are dissatisfied with your purchase, please refer to the information on our returns and aftersales service contained in these Terms and Conditions. We suggest you keep a printed copy of these Terms and Conditions with your receipt for future reference.

Cancellations

You may cancel your purchase at any time either before or up to 14 days following the day the products are delivered.

You can do this by following our returns policy.

In order to qualify for a refund, your product must be complete and in 'as new' condition e.g. the box must not be damaged or marked and the product must still be sealed in its wrapping. The product must not have been used or installed. If the seal is broken, you will not be entitled to a refund if you wish to cancel the purchase.

If you follow the above steps, we will issue you with a full refund for the cost of the product.

Faulty goods

The following are guidelines for all goods ordered for delivery.

Wherever possible we will respond to your individual circumstances.

[If there is a fault with your product within 3 months of delivery (or other defect with your order), we will happily exchange it for the same title or offer a refund. You will always have the option of an exchange or refund if the fault occurs within 28 days of delivery. In all cases we reserve the right to inspect the product and verify the fault.

To qualify for a refund or exchange the product must be:

• in otherwise 'as new' condition;
• complete with any accessories and free gifts offered with it; and
• if possible, with the original box and packaging.

You should return the products in accordance with the above procedure.

This promise does not cover faults caused by accident, neglect and misuse, nor does it cover damage to or deterioration of the products resulting from normal wear and tear.

Important: This returns policy does not affect your statutory rights. Details of your statutory rights are available from the Citizens Advice Bureau or Consumer Direct.

GENERAL

These Terms and Conditions and all purchases from the Online Shop are governed by English law and are subject to the non-exclusive jurisdiction of the English courts.

We do not accept amendments to these Terms and Conditions.

Additional terms and conditions may apply for prize competitions, pre-release orders and our added value services and offers. If so, you will be alerted to them at the relevant time.