Terms and Conditions of Sale

DEFINITIONS

‘Content’ – means all software, photographs, video clips, graphics, sound, audio recordings and all other content shown on the Website.
‘DPD’ – means DPDgroup UK Limited.
'Exertis' – means  Exertis (UK) Limited.
‘HMV’, ‘us’, ‘we’, ‘our’ – means Sunrise Records and Entertainment Limited.
‘HMV Store’ – means individually each ‘hmv’ or ‘fopp’ branded retail store in the United Kingdom.
‘Royal Mail’ – means Royal Mail Group Limited.
‘United Kingdom’ – means England, Scotland, Wales, Northern Ireland, and the Channel Islands.
‘Terms and Conditions of Sale’ – means these terms and conditions of sale that shall apply to all orders placed for delivery within England, Scotland, Wales, Northern Ireland, Isle of Man, and the Channel Islands.
‘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.
‘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 HMV 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 Policy.

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 All prices and offers are subject to availability and may be withdrawn or amended at the discretion of HMV and at any time.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 HMV offers 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 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.

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 used for payment of a pre-order item is due to expire before the item’s release date, we will inform you via email that it will not be 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 "My Account" section of the Website. 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., insufficient funds), 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 tickets or for bundles (e.g., a CD and a 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, 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 statement.

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 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. 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 confirm that the goods are being dispatched.

CONTRACT CREATION

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 have been 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.

TICKETS

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

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

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 tickets.

If 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 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.

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, we shall deliver the goods to the nominated HMV Store. 

In the case of orders to be delivered to a nominated delivery address (not an HMV 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 for delivery to a nominated 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 Policy.

Royal Mail Delivery: 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 with a neighbour unless you have chosen to opt-out from the Royal Mail’s Delivery to Neighbour scheme.

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 (not an HMV 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) 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 (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 HMV and frequently change from the initially advertised release date.

In the case of orders to be collected from a nominated HMV 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. 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 Exertis so that they can fulfil the order and to the courier so that they can deliver the goods.

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 (as appropriate).

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. In the event that we are unable to supply any individual component of the multibuy order within a reasonable time, the order for the individual item(s) we are unable to supply shall be cancelled and in the event that you have paid for the goods we cannot deliver, we shall refund you the value of the goods we cannot supply to the original method of payment.

ORDER CANCELLATION

You may cancel your order at any time before it is processed by emailing website.service@hmv.co.uk. 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. In the case of goods to be delivered to an HMV Store, you can inform us that you no longer require the goods, and we will refund the price paid for the goods to the original method of payment once the goods have been returned to our warehouse.

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 or collect the goods from an HMV Store.

If you decide to cancel your order (or part of an order) you should contact us via email at website.service@hmv.co.uk 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. Regardless if the goods were delivered to a nominated delivery address or an HMV Store, 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 Returns, Dale House, 31 Dale End, Birmingham, B4 7LN. If, after contacting us to advise us of your intention to cancel an 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 (or part order), you will be deemed to have accepted the goods.

In the case of goods delivered to an HMV Store for collection, if you do not collect the goods within fourteen (14) days from the date that we send you a ‘ready for collection’ email, we reserve the right to return the goods to our warehouse, cancel the order and refund the price paid for the goods and to the original method of payment. If you require a longer period 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: (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. Any security seals must be unbroken and any activation codes that came with the goods must be intact and unused.
• merchandise: (including but not limited to; pop vinyl, toys, 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 can be opened without breaking any seals, care must be taken not to damage any packaging. Goods must be repackaged in the same way as they were when they were received by you.
• clothing: you may wear the clothing only for as long as is necessary to ensure that the clothing is suitable, as you would in a shop. All clothing must be returned in the same clean and folded condition that they were in when they were received and any labels that were on the clothing must still be attached and intact.
• technology and games consoles: you may examine the goods as you would in a shop, but you must not use them. You must not (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 can be opened without breaking any seals, care must be taken not to damage any packaging. Any security seals must be unbroken and any activation codes that came with the goods must be intact and unused. Packaging must only be opened to the extent necessary, and the goods must be repackaged in exactly the same way as they were when they were received by you.

RETURNS EXCLUSIONS 

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

• mystery boxes
• selected goods advertised as such 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, you must email us at website.service@hmv.co.uk including details of the order, the damage or fault and your name and address.
Please do not return the goods unless you have been instructed by us to do so.

With regards to any queries with Beats branded technology goods, we may request you contact AppleCare in the first instance. AppleCare provides support for all Apple products, including Beats.

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 you) for such loss or damage. 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 which the cancellation rights apply and 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 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 (iii) if you fail to use or operate the goods in accordance with the usual usage for such goods or follow user instructions.

MANUFACTURER’S GUARANTEE

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. A manufacturer’s guarantee is in addition to and does not affect your statutory rights.

PASSWORD/ACCOUNT SECURITY

You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. HMV 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.

LIABILITY

Save in the case of death or personal injury due to the negligence of HMV 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 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

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 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 HMV 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

WAIVER

No waiver by HMV 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

HMV operates a complaint handling procedure which is used to resolve disputes when they first arise. If you have a complaint, please write to: Customer Services, HMV, Mermaid House, Blackfriars, London, EC4V 3DB or email us at website.service@hmv.co.uk.

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

HMV reserves 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: 21 November 2023