The Contract Between Us

1. Any contract for purchases made through the web site will be with HMV Guernsey Limited, registered in Guernsey, and whose registered office is Ogiers House, St Julians Avenue, St Peter Port, Guernsey, GY1 1WA, company registration number 43285.
2. HMV must receive payment of the whole of the price for the goods that you order before your order can be accepted, and the contract formed. Payment is not taken until the point of despatch of the goods to you from our premises in Guernsey. When payment is to be made with E-Vouchers, the E-voucher will be removed from your wallet on placing your order but will not be accepted as payment until the goods are despatched to you. If the order is cancelled or not fulfilled the E-Voucher will be re-credited to your wallet. Once payment has been received HMV will confirm that your order has been received by sending an email to you at the email address you provide in your registration form. The shipment email will include your name, the order number and the total price. HMV s acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
3. HMV are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our web site. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered before the contract is made (see (b) above) we will contact you as soon as possible by email.

4. For UK customers the prices payable for goods are as set out in the web site inclusive of VAT and any duties and local taxes where applicable. If goods are dispatched from Guernsey to a shipping address in the UK, HMV will collect UK import VAT from you on behalf of the consignee where necessary. Consignments sent from Guernsey to the UK of a value of £18 or under are relieved from import VAT under current legislation.

   For purchases by UK businesses where goods are dispatched from Guernsey, no evidence of payment of UK import VAT can be provided.

   For customers ordering for delivery from Guernsey to a country other than the UK the prices payable for goods are exclusive of VAT and local taxes and the customer is responsible for payment of any local taxes payable including VAT, and will be required to pay extra for delivery and clearance where necessary.

Withdrawal By You From The Contract

If you are an individual and are not buying goods on behalf of a business, there are certain circumstances in which you may withdraw from the contract and these are set out here. This right to withdraw does not apply to business buyers.

1. You may withdraw your order for goods at any time up to the end of the twenty first working day after you have received the goods. You do not need to give HMV any reason for withdrawing your order nor will you have to pay any penalty.
2. The only circumstances in which you cannot withdraw your order are where you have taken the goods you have ordered (or the ones in relation to which you want to withdraw) out of the sealed package in which they were delivered.
3. To withdraw your order you must notify HMV in writing at the address set out in the HMV returns section of this Web site.
4. If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because you have taken the goods out of their sealed package, you must send them back to the HMV contact address at your own cost and risk. If you withdraw your order but HMV has already processed the goods for delivery and you have received them, you must not unpack the goods when they are received by you and you must send the goods back to HMV at the HMV contact address at your own cost and risk as soon as possible.
5. Once you have notified HMV that you are withdrawing your order, any sum debited to HMV from your 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 HMV in the condition they were in when delivered to you.

Availability Of Goods You Order

If HMV has insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible and any sum debited by HMV from your credit card will be re-credited to your account and HMV will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. HMV will not be obliged to offer any additional compensation for disappointment suffered.

PLEASE NOTE: We endeavour to bring our customers the best value we can by running special offers, but please remember stocks are limited at the special offer price, and subject to availability. We update our web site as quickly as we can to minimise disappointment. The process of updating the web site when goods have sold out at campaign price can take a few hours to update. Please note that the price the goods are offered for tender are as displayed in the Shopping Basket. Rest assured your credit card will only be debited as your order or individual items from your order are dispatched.

Delivery Of Goods To You

1. HMV will post, or arrange a courier on your behalf for, the goods ordered by you to the person and address you give HMV at the time you make your order. The consignee (i.e. the person to whom the consignment is sent) will be the declarant and importer into the country for which the consignment is destined. For non-UK destinations, the consignee will be responsible for both customs clearance and payment of customs duties and local taxes where required. Each item ordered will be treated as a seperate sale and will be shipped and paid for seperately.
2. Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of despatch of the order. All delivery times quoted on the web site are estimates only, based on availability, normal processing and delivery companies.
3. You will become the owner of the goods you have ordered when the goods are dispatched to you from our premises in Guernsey, or the UK, as the case may be.

Customs charges

If you are ordering goods for delivery from Guernsey to a country other than the UK or for delivery from the UK to a country outside of the EU, please note that your consignment may be subject to import duties and taxes, which are levied once the goods reach the country of destination. Any such charges levied in relation to customs clearance must be borne by you. It is accepted by you that HMV has no control over additional charges in relation to customs clearance. HMV recommend that you check with your local customs officials or post office for more information regarding importation taxes / duties that may be applicable to your on-line order. You will be the importer of record and responsible for any import VAT and duty that may be borne. In addition, any charges for import clearance will be borne by you, the customer.

Please note that when shipping goods from Guernsey, cross border shipments may be subject to opening and inspection by customs authorities. In respect of all goods dispatched to you to an address outside of Guernsey, you are deemed to be the importer of the goods and must therefore comply with all the laws and regulations of the country into which the goods are being delivered.

Liability

This is as follows:-

1. If the goods HMV delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, HMV shall have no liability to you unless you notify HMV in writing at the HMV contact address of the problem within 10 working days of the delivery of goods in question.
2. If you do not receive goods ordered by you within 30 days of the date on which they were despatched to you, HMV shall have no liability to you unless you notify HMV in writing at the HMV contact address of the problem within 40 days of the date on which the goods were despatched to you.
3. If you notify a problem to HMV under this condition, HMV's only obligation will be, at its option:- to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question to the original method of payment, unless such method is no longer valid in which case HMV E-Coupons will be issued to the value of due refund.
4. HMV will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to HMV under this condition and HMV shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph (c) above.
5. Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit HMV's liability to you for any death or personal injury resulting from its negligence.

Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.

Force Majeure

HMV 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 its reasonable control.

Invalidity

If any part of these conditions is unenforceable (including any provision in which HMV excludes its liability to you) the enforceability of any other part of these conditions will not be affected.

Complaints

HMV operate a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint with the hmv web site, please contact the ECommerce Customer Service department at the following address:

E-Commerce Customer Service
c/o Careline Services Ltd
250 Gunnersbury Avenue
Chiswick
London
W4 5QB

If you have a complaint regarding an hmv store, please contact the Store Customer Service department at the following address:

Store Customer Service
HMV UK, Film House
142 Wardour Street
London
London
W1F 8LN

Governing Law

The contract between us shall be governed by and interpreted in accordance with Guernsey law, and the Guernsey courts shall have jurisdiction to resolve any disputes between us.

Entire Agreement

These terms and conditions, together with the current HMV Web site prices, delivery details and HMV contact details, set out the whole of our agreement relating to the supply of the goods to you by HMV. These terms and conditions cannot be varied except in writing signed by a director of HMV. In particular nothing said by any sales person on behalf of HMV should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by HMV. HMV shall have no liability for any such representation being untrue or misleading.

Interpretation

In these terms and conditions:-

'HMV' means HMV Guernsey Limited of Ogiers House, St Julians Avenue, St Peter Port, Guernsey, GY1 1WA, any connected organisation that actually supplies goods ordered by you and any successor to its business;

'working day' means every day of a calendar year apart from weekends and statutory and public holidays;

'us' means HMV and you together; and

'you' and 'your' means the person ordering goods under these terms and conditions.