Terms and Conditions of Sale: UK

DEFINITIONS

‘DPD’ – means DPDgroup UK Limited.
'Exertis’ – means Exertis (UK) Limited.
'Fopp Store' – means individually, each 'Fopp' branded retail store in the United Kingdom. 
‘HMV’, ‘us’, ‘we’, ‘our’ – means Sunrise Records and Entertainment Limited.
‘HMV Store’ – means individually, each ‘hmv’ or The HMV Shop' branded retail store in the United Kingdom.
‘Royal Mail’ – means Royal Mail Group Limited.
‘United Kingdom’ – means England, Scotland, Wales, Northern Ireland, and also included the Isle of Man and the Channel Islands.
‘Terms and Conditions of Sale: UK’ – means these terms and conditions of sale that shall apply to all orders placed for delivery within the United Kingdom.
‘Website’ – means the website at hmv.com.
‘Website Terms’ – means jointly (i) the Terms and Conditions of Use, and (ii) the Terms and Conditions of Sale: UK.
‘you’ and ‘your’ – means a user of the Website.

HMV and Fopp are trading names of Sunrise Records and Entertainment Limited.

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PLACING AN ORDER

To place an order, you must supply us with some compulsory personal information. You warrant that the personal information which you are required to provide is true, accurate, current, and complete in all respects. You agree not to impersonate any other person or entity or use a false name or a name that you are not authorised to use. We shall use your personal information in accordance with our Privacy Notice.

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.

PRICES

The prices payable for the goods that you order are clearly set out on the Website and are in GBP Sterling. All prices are expressed inclusive of any VAT that is payable at the relevant prevailing rate in the United Kingdom. If delivery charges are applicable on the goods that you order, you will be informed 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 All prices and offers are subject to availability and may be withdrawn or amended at our discretion and at any time.

The prices for goods on the Website may differ to the prices for the same goods in any HMV Store or on other websites where we offer the goods for sale.

PRICING ERRORS

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 displayed, we will not be obliged to supply the goods to you at the incorrect price. In these circumstances, we will cancel the order and advise you via email that the order has been cancelled.

For the avoidance of doubt, if the pricing error is obvious and unmistakable 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.

PRE-ORDER PRICING

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 reduce the price, we will charge you the lower price. In the event that we increase the price, we will charge you the price that was listed on the Website when you placed the order. In the unlikely event that an error is made in the price shown on the Website, HMV will not be obliged to supply the goods to you at the incorrectly stated price. In these circumstances, we shall cancel the order and advise you via email that the order had been cancelled.

In the event that you have already paid for a new release which we subsequently reduce in price before the release date, we shall refund you the difference between the original price and the new lower price to the original method of payment.

PAYMENT

Payment for goods and any applicable delivery charges can be made using the following methods of payment; Visa, Mastercard, Maestro, American Express, Google Pay, PayPal and Klarna. Further information on Klarna is available here.

Timing

With respect to all payments made by PayPal, 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.

Stored Credentials

Orders paid via credit or debit card shall be subject to a pre-authorisation. In the case of orders containing exclusively pre-order items, the pre-authorisation value will be zero, for orders containing a mixture of pre-order and non pre-order items, the pre-authorisation will be for the total value of the non-pre-order items only. The pre-authorisation will result in our payment provider supplying us with an anonymous payment token and essential details, known as a ‘stored credential’. You consent to the secure storage of the stored credential until such time that the entirety of the order is fulfilled or cancelled.

The stored credential will be stored securely, in compliance with the Payment Card Industry Data Security Standard, until the goods are ready for dispatch, and we will use the token to request full payment, or for each constituent part of the order as and when they are ready to be fulfilled. When the token is no longer required by us to fulfil the items in your order, we will deem your consent to store the token expired and we will remove it, but we will retain essential details such as the masked card number, card holder name, card type and card expiry date for our records.

You have the option to request that we securely save stored credentials within your registered account rather than removing them after full payment has been taken. Saving the stored credentials in your account streamlines the checkout for future orders by eliminating the need for repetitive entry of card details. You can request that stored credentials be removed from your account at any time unless you have selected to use that stored credential for payment for an order that has yet to be completely fulfilled or cancelled. Once the order has been fulfilled or cancelled you will be able to remove the stored credential from your account. In the case of removing the stored credential from your account we will retain essential details such as the masked card number, card holder name, card type and card expiry date against any order record that card was used for.

In the event that the card associated with a stored credential has expired or is no longer valid we will inform you via email that it will be, or was not, possible to collect payment using that card. If you are a registered user, you will have the option to update your card payment method through the designated "Your Account" section of the Website, provided that if the order contains more than one item, none of the order has already been dispatched. Please note that the functionality to amend card payment methods is exclusively available to registered users.

If we cannot take payment from you for any reason that is not a hard decline (e.g., failed security checks), after an attempt to take payment on three (3) consecutive days, or until a hard decline is received, whichever is soonest, we shall inform you as such 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 is delayed due to your methods of payment failing.

There may be occasions where PayPal is the only accepted method of payment, this will usually (but not exclusively) be for the purchase of e-tickets or for event entry bundles (e.g., a CD and an e-ticket). Where this applies, it will be clearly noted on the applicable page on the Website, and we will be unable to process payment via any other method.

KLARNA

In cooperation with Klarna Financial Services UK Limited, Aviation House, 125 Kingsway, Holborn, London, WC2B 6NH, United Kingdom, we offer you the following payment options. Payment is to be made to Klarna:

• Pay Later 30
• Pay in 3 instalments

Full details and FAQs about using Klarna at hmv is available here.

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's Privacy Notice.

PROMOTIONAL DISCOUNT CODES

We may on occasion offer promotional discount codes which will entitle the holder to a discount. Valid discount codes can only be used at the time of purchase and cannot be used retrospectively.

Discount codes can only be used on the Website and will be subject to the terms and conditions supplied with the discount codes.

PLACING AN ORDER

Once you have followed the ordering process on the Website and clicked ‘make payment’ you will have placed an order with us. You will receive 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. Acceptance only occurs when we confirm your order is being dispatched. Your order is an offer to buy goods from us. Until we confirm dispatch, nothing we say or do (including receiving payment) constitutes acceptance of that offer.

We reserve the right to cancel any order at our discretion and for any reason, even after a contract has been formed. If payment has already been taken, we will issue a full refund using the original payment method.

If a product has a maximum purchase limit per customer, we reserve the right to cancel orders that exceed these limits. If multiple accounts are created to bypass these restrictions, we may cancel all related orders.

CONTRACT CREATION AND CANCELLATION

A contract between you and us is formed only when you receive an ‘order dispatch’ email confirming that the goods have been dispatched. Until then, we are under no obligation to supply the goods.

If your order is dispatched in multiple packages, you will receive a separate dispatch confirmation for each. Each dispatch will constitute a separate contract of sale between you and us.

We reserve the right to cancel any order or contract at our discretion and for any reason, even after dispatch confirmation. In such cases, we will issue a full refund via the original payment method.

E-TICKETS

When you place an order from us for e-tickets to an event, you will be charged the cost of the e-tickets shortly before we deliver them to the HMV tickets app, unless you are using PayPal, in which case you shall be charged as soon as the order is placed.

No paper tickets shall be issued, and all e-tickets will be delivered to you via the HMV Tickets app, which you must download to a mobile phone and register with. Terms and conditions for use of the HMV Tickets app shall apply.

E-tickets are non-refundable unless the event is cancelled or postponed. If the event is cancelled, you will be contacted, and a refund issued within five (5) working days from the day the cancellation is announced. If the event is postponed and you cannot attend on the rescheduled date, you must contact us within five (5) working days from the day we notify you that the event has been rescheduled and we will process a refund and cancel the e-tickets.

If e-tickets are sold as part of a bundle (e.g., a CD and a ticket), payment shall be taken for all parts of the bundle at the same time.

All events are subject to additional terms and conditions, please see Event Terms and Conditions.

AVAILABILITY

If we are unable to 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. If you have already paid for the goods, we will refund you as soon as reasonably possible by way of refund to the original method of payment, including refund of any relevant refundable delivery cost charges. Our only liability to you in such cases will be the refund of any and all monies you have paid for the goods we cannot supply.

DELIVERY AND COLLECTION

We shall arrange delivery of the goods to the delivery address in the United Kingdom that you nominate when you place the order. Goods may be dispatched and arrive separately, with no additional postage charges incurred by you.

In the case of orders to be collected from an HMV Store or Fopp Store, we shall deliver the goods to the nominated HMV Store or Fopp Store.

In the case of orders to be delivered to a nominated delivery address (not an HMV Store or Fopp Store), 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.

Express Delivery: Selected orders or delivery to a nominated delivery address are available for express delivery using either Royal Mail or DPD. Each service is subject to the terms and conditions of the service in effect at the time the order is placed. For order tracking purposes, your details shall be shared with Royal Mail or DPD (as appropriate) in accordance with our Privacy Notice.

Royal Mail Delivery: If the Goods are going to be delivered by Royal Mail you will receive an email from Royal Mail when the Goods are dispatched. If you are not available to receive the goods when they are delivered by Royal Mail, they may be returned to the local Royal Mail sorting office or they may be left in a Royal Mail ‘Safeplace’, or with a neighbour unless you have chosen to opt-out from the Royal Mail’s Safeplace Delivery or Royal Mail’s Delivery to Neighbour schemes.

DPD Delivery: If the Goods are going to be delivered by DPD you will receive an email from DPD when the Goods are dispatched. If you are not available to receive the goods when they are delivered by DPD, they may be returned to the DPD depot or they may be left with a neighbour. DPD will attempt a second time to deliver the Goods. If they are unable to deliver them a second time, they will be delivered to a DPD pick-up shop where they will remain for seven (7) days, after this time the Goods shall be returned to our warehouse. You will receive emails from DPD to advise you of the progress of the delivery.

Royal Mail Missing Goods: Where the goods have not been received at the nominated delivery address, specified Royal Mail ‘Safeplace’, or with a neighbour under the Royal Mail’s Delivery to Neighbour scheme (not an HMV Store or Fopp Store) following a period of fourteen (14) days since the ‘order dispatch’ email has been sent by us and your account on the Website shows that the goods have been dispatched, you must contact Royal Mail to ensure that the goods are not waiting at a sorting office for collection. If Royal Mail cannot locate the goods, 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.

DPD Missing Goods: Where the goods have not been received at the nominated delivery address (not an HMV Store or Fopp Store) following a period of three (3) working days since the ‘order dispatch’ email has been sent by us and your account on the Website shows that the goods have been dispatched, you must promptly contact us to advise us of non-delivery and in any event, you must contact us no later than seven (7) 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.

We shall use our reasonable efforts to ensure that new releases are delivered to a nominated delivery address or made available for collection from an HMV Store or Fopp Store (as appropriate) on the advertised release date, but we are under no obligation to do so. Please note that release dates are not controlled by us and frequently change from the initially advertised release date.

In the case of orders to be collected from a nominated HMV Store or Fopp Store, 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. We shall send you a ‘ready for collection’ email to confirm when the goods are ready to be collected from the nominated HMV Store or Fopp Store. You must collect the goods in person and show either a printed copy of the ‘ready for collection’ email or show the email displayed on a mobile device. You must also show one other form of printed identification such as a credit or debit card that includes your name or a utility bill, a passport or driving licence that includes your name and address.

DELIVERY BY EXERTIS

Products labelled '*item fulfilled by Exertis on behalf of hmv' will be supplied to you directly by Exertis via their approved couriers. When you place an order for goods that are fulfilled by Exertis, your details shall be forwarded to them so that they can fulfil the order, and to the courier so that they can deliver the goods.

You will receive an email from the courier appointed by Exertis when the Goods are dispatched. Where the goods have not been received at the nominated delivery address following a period of three (3) working days since the email has been sent advising you that the Goods were being dispatched, you must promptly contact us to advise us of non-delivery and in any event, you must contact us no later than seven (7) 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.

RISK

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 or collected from an HMV Store or Fopp Store, whichever is applicable.

DELAY

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.

MULTIBUYS

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. IIf we are unable to supply any individual item(s) in the multibuy order within a reasonable time, the order for these item(s) shall be cancelled. If you have paid for the goods we cannot deliver, we shall refund you the value of the unavailable items to the original method of payment.

ORDER CANCELLATION

You may cancel your order at any time before it is processed by contacting us via our Help Centre. If the goods have not yet been dispatched and we have sufficient time to prevent dispatch, we will not process payment or dispatch the goods. If you cancel your order after dispatch, or if it’s too late for us to prevent dispatch, you can refuse delivery, and the goods will be returned to us. Provided the goods remain unopened and undamaged, we will refund the amount paid to the original payment method. For goods to be collected from an HMV Store or Fopp Store, you can inform us that you no longer require the goods, and we will refund the amount paid once the goods are returned to our warehouse.

You are entitled to cancel your order (or part of it) under the Consumer Rights Directive 2011/83/EC, as long as you notify us no later than fourteen (14) days after receiving or collecting the goods from an HMV Store or Fopp Store.

To cancel your order (or part of it), please contact us via our Help Centre, stating your intention to cancel and providing the order details (or part of the order) and your name and address. Regardless of whether the goods were delivered to a nominated delivery address or an HMV Store or Fopp Store, you must return the goods to us at your own cost within fourteen (14) days of notifying us of your cancellation.

To return goods to us, please do this via our Returns Portal. The goods should be returned to: HMV Returns, Dale House, 31 Dale End, Birmingham, B4 7LN, United Kingdom. If you do not return the goods within this period, you will be deemed to have accepted the goods.

For goods delivered to an HMV Store or Fopp Store, if you do not collect them within fourteen (14) days from the ‘ready for collection’ email, we reserve the right to return the goods to our warehouse, cancel the order, and refund the price paid to the original payment method. If you need more time to collect the goods, please inform us as soon as possible.

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.

• media: (e.g., CDs, vinyl, DVDs, Blu-ray, and computer games): Packaging, including shrink-wrap, must be intact. Security seals must be unbroken, and any activation codes must be unused.
• merchandise: (e.g., pop vinyl, toys, mugs, and bags): Goods may be examined as in a shop, but must not be used. If encased in blister packs or sealed packaging, goods must be returned unopened. If packaging can be opened without damage, care should be taken to avoid any damage. Goods must be repackaged as they were received.
• clothing: Clothing can be worn only long enough to assess suitability, as you would in a shop. It must be returned clean, folded, and with labels intact.
• technology and games consoles: Goods can be examined but must not be used. Do not install, set up, input data, or connect to power sources. If encased in blister packs or sealed packaging, return them unopened. Where packaging can be opened without breaking seals, care must be taken to avoid damage. Any security seals must remain unbroken, and activation codes must be unused. Packaging should only be opened as necessary, and goods must be repackaged in the same condition as received.

RETURNS EXCLUSIONS 

The following goods cannot be returned unless damaged upon delivery or found to be faulty: 

• mystery boxes
• selected goods as indicated on the relevant product pages

FAULTY AND DAMAGED GOODS

If you receive goods from us that are damaged upon delivery or have a manufacturer's fault, please contact us via our Help Centre and include full details of the order, the damage or fault, and your name and address.

If we ask you to return the goods, we shall request you do this via our Returns Portal.
Please do not return the goods unless you have been requested by us to do so.

For issues with Beats-branded technology, we may ask you to contact AppleCare first, as they provide support for all Apple products, including Beats.

RETURN OF GOODS NOT VIA THE RETURNS PORTAL

If you choose to return any goods to us (including under your right to cancel) via a method other than our Returns Portal, we shall not be responsible for any loss or damage to the goods while in transit. 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 for such loss or damage or not refund you for these goods. You are responsible for all costs to return goods to us unless we advise you otherwise via email.

REFUNDS

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 with which the cancellation rights apply within fourteen (14) days from the date we receive 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.

WARRANTY

All goods purchased through the Website will correspond with their description, and be of satisfactory quality and fit for personal, non-commercial use. We do not make any additional warranties.

This warranty does not cover defects caused by (i) fair wear and tear, (ii) wilful damage, improper storage, accidents, negligence by you or a third party, or (iii) if you fail to use the goods as intended or not following user instructions.

MANUFACTURER’S GUARANTEE

Some goods may include a manufacturer’s guarantee. Please refer to the guarantee provided with the product for full terms and conditions. This guarantee is in addition to, and does not affect, your statutory rights.

PASSWORD/ACCOUNT SECURITY

You are responsible for keeping your account details and password secure. Any activity under your account is your responsibility. We shall not be liable for any loss or damage resulting from your failure to protect your account information.

LIABILITY

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 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 your 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, for any costs, losses or damages resulting from or related to your use or attempted use of the goods in countries outside the United Kingdom.

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.

FORCE MAJEURE

We 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.

INVALIDITY/SEVERANCE

If any part of these Website Terms is deemed unlawful, void or for any reason unenforceable (including any provision in which we exclude any 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.

WAIVER

No waiver by us 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.

COMPLAINTS

We operate a complaint handling procedure which is used to resolve disputes when they first arise. If you have a complaint, in the first instance please contact us via our Help Centre, or alternatively, write to us at : Customer Service, HMV, Mermaid House, Blackfriars, London, EC4V 3DB.

GOVERNING LAW

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.

ENTIRE AGREEMENT

These Website Terms set out the entire agreement between you and us and supersedes 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.

These Website Terms do not affect your statutory rights as a consumer within the United Kingdom.

UPDATES TO THE WEBSITE TERMS

We 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.

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Last updated: 25 February 2025