Terms & Conditions

These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website www.zavvi.com.au ('the Website') and your relationship with:

(i) The Hut.com Limited (trading as www.zavvi.com.au) whose registered office is at Meridian House, Gadbrook Park, Gadbrook Way, Rudheath, Northwich, Cheshire, UK, CW9 7RA; or

(ii)  (a) if your purchase is made in Australian dollars (AUD) and payment is made using a debit/credit card, with Skincarestore Australia Pty Limited (trading as www.zavvi.com.au) whose office is at G01, 38 Atchison Street, St leonards, NSW 2065 Australia; or (b) if your payment is made in Australian dollars (AUD) and payment is made using American Express, with The Hut.com Limited (trading as www.zavvi.com.au) whose registered office is at Meridian House, Gadbrook Park, Gadbrook Way, Rudheath, Northwich, Cheshire, UK, CW9 7RA; 


('we', 'our', or 'us'). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.


1.


Agreement


 By using the Website


you agree to be bound by these Terms.


2.


Amendments


We reserve the right to:


• Update these Terms from time to time and any changes will


be notified to you via a suitable announcement on the Website. It is your


responsibility to check for such changes. The changes will apply to the use of


the Website after we have given such announcement. If you do not wish to accept


the new Terms you should not continue to use the Website. If you continue to


use the Website after the date on which the change comes into effect, your use


of the Website indicates your agreement to be bound by the new Terms; and


• modify or withdraw, temporarily or permanently, this


Website and the material contained within (or any part) without notice to you


and you confirm that we shall not be liable to you for any modification to or


withdrawal of the Website or its contents.


3.


Registration


You warrant that:


• The personal information which you are required to provide


when you register is true, accurate, current and complete in all respects; and


you are not impersonating any other person or entity The products purchased on


this site are for private and domestic use only and are not for re sale. You


will notify us immediately of any changes to the personal information by e-mailing


our customer service representatives at:


• E-mail address: feedback@thehutgroup.com


4.


Privacy Policy


We will treat all your personal information as confidential


and will only use it in accordance with our Privacy Policy.


When you shop on this Website, we will ask you to input personal details in order


for us to identify you, such as your name, e-mail address, billing address, delivery


address, credit card or other payment information. We confirm that this


information will be held by us in accordance with the registration we have with


the Data Commissioner's office.


5.


Protecting Your Security


To ensure that your credit, debit or charge card is not


being used without your consent, we will validate name, address and other personal


information supplied by you during the order process against appropriate third


party databases. We take the risk of internet fraud very seriously. With the


volume of fraudulent credit card transactions increasing, we make every effort


to ensure all orders are thoroughly checked using the information already


supplied. There is a possibility we may contact you to make additional security


checks and we ask for your co-operation to enable us to complete them. We will


not tolerate fraudulent transactions and such transactions will be reported to


the relevant authorities.


By accepting these terms and conditions you consent to such


checks being made. In performing these checks personal information provided by


you may be disclosed to a registered Credit Reference Agency which may keep a


record of that information. You can rest assured that this is done only to


confirm your identity, that a credit check is not performed and that your


credit rating will be unaffected. All information provided by you will be


treated securely and strictly in accordance with the Data Protection Act 1998.


6.


Compliance


The Website may only be used for lawful purposes and in a


lawful manner. You agree to comply with all applicable laws, statutes and


regulations regarding the Website and its use. You agree not to upload or


transmit through the Website:


•    Any computer viruses or anything else designed to


interfere with, interrupt or disrupt the normal operating procedures of a


computer; and


• Any material which is defamatory, offensive


or of an obscene character


7.


Indemnity


You agree to fully indemnify, defend and hold us, and our


officers, directors, employees and suppliers, harmless immediately on demand,


from and against all claims, losses, costs and expenses, including reasonable


legal fees, arising out of any breach of these Terms by you, or any other liabilities


arising out of your use of this Website or any other person accessing the


Website using your personal information.


8.


 Third Party Links


As a convenience to our customers, the Website may include


links to other websites or material which is beyond our control. For your


information, we are not responsible for such websites or material nor do we


review or endorse them. We will not be liable, whether directly or indirectly, for


the privacy practices or content of such websites or for any damage, loss or


offence caused or alleged to be caused in connection with, the use of or


reliance on any such advertising, content, products, materials or services


available on such external websites or resources.


9.


 Orders


All orders are subject to acceptance and availability. If


the goods ordered are not available, you will be notified by e-mail (or by


other means if no e-mail address has been provided) and you will have the


option either to wait until the item is available from stock or to cancel your


order.


Any orders placed by you will be treated as an offer to


purchase the goods or services from us and we have the right to reject such


offers at any time. You acknowledge that any automated acknowledgment of your


order which you may receive from us shall not amount to our acceptance of your


offer to purchase goods or services advertised on the Website. The conclusion


of a contract between you and us will take place when we (i) debit your credit,


debit card or PayPal account or (ii) dispatch the goods to you or commence the


services, whichever is the later.


We will take all reasonable care, in so far as it is in our


power to do so, to keep the details of your order and payment secure, but in


the absence of negligence on our part we cannot be liable for any loss you may


suffer if a third party procures unauthorised access to any data provided by


you when accessing or ordering from the Website.


The products sold on the Website are not for re-sale or


distribution. You are limited to a purchase of 5 items of any one product. We


reserve the right to cancel orders and/or suspend accounts where we believe


products are being ordered in breach of this provision.


You will assume the risk for the products once they have


been delivered to the delivery address which you specified when ordering the products.


We accept no liability where you provide an incorrect delivery address or where


you fail to collect the products from the delivery address which you specified.


Deposit Items certain high value items are not readily


available from stock and require a production order to be placed on the


supplier. Such items are identified on our Websites as Preorder items. In order


to secure supply of these items, prior to confirmation of your order we will


require you to pay a deposit of the total order value. When ordering such items


you agree that the expected delivery date can be variable. We will keep you


informed by email of expected delivery times which in certain circumstances may


be up to approximately twelve weeks.


10.


Cancellation Rights


Where you have purchased the goods or services as a consumer


(i.e. for private use as opposed to business use), please note that you are


entitled to cancel any contract completed with us within 14 days from the day


on which you acquire physical possession of the goods.


If you wish to cancel a contract pursuant to this clause 10,


then please see our Returns


Policy for further details of how.


11.


Price and Payment


All prices shown are inclusive of VAT (where applicable) and


are correct at the time they are entered on to the system. We reserve the


right, however, to change prices at any time without notice to you.


Orders with a delivery address outside the UK may be subject


to import duties and taxes (including VAT) which are levied once a delivery


reaches your destination country. Any such additional charges must be borne by


you. You should note that customs policies and practices vary widely from


country to country. We recommend that you contactyour local customs office for


information.


Please note that when shipping goods from outside of the


United Kingdom, 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 the United Kingdom, 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.


Payment can be made by any major credit or debit card or via


your PayPal account.


Payment will be debited and cleared from your account before


the dispatch of your good or provision of the service to you. If payment is to


be made via a credit card a value of £0.01 will be held against the card until


the


card issuer validates the payment.


In the unlikely event that the price shown on the checkout


page is wrong, and we discover this before accepting your order in accordance


with clause 9, we are not required to sell the goods to you at the price shown.


We always try and ensure that the prices of goods shown on our Website are


accurate, but occasionally genuine errors may occur. If we discover an error in


the price of the goods that you have ordered we will let you know as soon as


possible and give you the option of reconfirming your order at the correct


price or cancelling it. If you cancel your order and you have already paid for


the goods, then you will receive a full refund.


You confirm that the credit, debit card or PayPal account


that is being used is yours. All credit/debit cardholders are subject to


validation checks and authorisation by the card issuer. If the issuer of your


payment card refuses to or does not, for any reason, authorise payment to us we


will not be liable to you for any delay or non-delivery.


You may only use one discount code with each order. We


reserve the right to reject or cancel any orders where you add more than one


discount code to the basket.


We allow you to use discount codes strictly on the terms and


conditions upon which they were issued which, amongst other things, may include


terms relating to your eligibility to use them and a maximum order value.


Discount codes that are valid across the entire site exclude the following


products - click here for the full list.


Please familiarise yourself with these terms and conditions


before you place an order as we reserve the right to reject or cancel any orders


which do not comply with these terms even if your credit or debit card has been


charged. If there is any inconsistency between the terms and conditions upon


which the discount codes were issued and these terms and conditions, the


discount code terms and conditions prevail. A copy of the discount code terms


and conditions can be obtained by mailing or telephoning our customer service


representatives at:


• e-mail address: feedback@thehutgroup.com


12.


Eligibility to Purchase


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; and register


your real name, address, phone number, e-mail address any other details


requested.


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.


13.


Intellectual Property


The content of the Website is protected by copyright, trademarks,


database and other intellectual property rights and you acknowledge that the


material and content supplied as part of the Website shall remain with us or


our licensors you may retrieve and display the content of the Website on a


computer screen, store such content in electronic form on disk (but not any


server or other storage device connected to a network) or print one copy of


such content for your own personal, non-commercial use, provided you keep


intact all and any copyright and proprietary notices. You may not otherwise


reproduce, modify copy or distribute or use for commercial purposes any of the


materials or content on the Website.


14.


Limitation of Liability


Notwithstanding any other provision in the Terms, nothing in


these Terms: affect or limit your rights as a consumer under English law; or


will exclude or limit our liability for death or personal injury resulting from


our negligence. The Website is provided on an 'as is' and 'as available' basis without


any representation or endorsement made and we make no warranties, whether


express or implied, in relation to it and its use. You acknowledge that we


cannot guarantee and cannot be responsible for the security or privacy of the


Website and any information provided by you. You must bear the risk associated


with the use of the Internet.


Whilst we will try to ensure that material included on the


Website is correct, reputable and of high quality, we cannot accept


responsibility if this is not the case. We will not be responsible for any


errors or omissions or for the results obtained from the use of such


information or for any technical problems you may experience with the Website.


If we are informed of any inaccuracies in the material on the Website we will


attempt to correct this as soon as we reasonably can.


In particular, we disclaim all liabilities in connection


with the following:


Incompatibility of the Website with any of your equipment,


software or telecommunications links; Technical problems including errors or


interruptions of the Website; unsuitability, unreliability or inaccuracy of the


Website; and failure of the Website to meet your requirements. To the full


extent allowed by applicable law, you agree that we will not be liable to you


or any third party for any consequential or incidental damages (both of which


terms includes, without Limitation, pure economic loss, loss of profits, loss


of business, loss of anticipated savings, wasted expenditure, loss of privacy


and loss of data) or any other indirect, special or punitive damages whatsoever


that arise out of or are related to the Website.


15.


Severance


If any part of the Terms shall be deemed unlawful, void or


for any reason unenforceable, then that provision shall be deemed severable


from these Terms and shall not affect the validity and enforceability of any


remaining provisions of the Terms.


16.


Waiver No waiver


By us shall be construed as a waiver of any proceeding or


succeeding breach of any provision.


17.


Entire Agreement


These Terms form the entire basis of any agreement reached


between you and us.


18.


Law and Jurisdiction


These Terms shall be governed by and construed in accordance


with the laws of England and Wales and any disputes will be decided only by the English courts.


19.


All Competitions


We reserve the right to amend these Terms without notice


from time to time. These rules will be deemed incorporated into each competition


except to the extent that any specific instruction in a competition provides


otherwise. By entering the competition entrants will be deemed to have read and


understood these Terms and be bound by them. All of our decisions will be final


and binding and no correspondence will be entered into. Any person who is an


employee or an immediate family member of an employee of any The Hut Group


company or any other person who is directly connected with the organisation of


any particular competition is ineligible to participate.


Competitions are only open to residents of the UK (excluding


Northern Ireland).


All entrants are to be aged 18 or over unless any other age


restriction is specified or implied. Entrants should, if under than 18, obtain


permission in advance from their parent or guardian.


All entries must be received by the closing date specified


in the competition.


Answers will be entered upon submission. No responsibility


will be taken for any answers that are misdirected, lost for technical or other


reasons or received after the closing date.


We reserve the absolute right to disqualify without notice


any entries to any competition which we consider have used improper technical


means to enter and/or we believe is fraudulent. Entrants are liable for their


costs to access computer networks. We will not be liable for or accept any


responsibility for: (i) any failure by the winner or any entrant to comply with


these terms and conditions; (ii) any disruption, delay or misdirection of


entries; or (iii) any server, system or network failures, malfunctioning or


inaccessibility.


We shall be the promoter of all competitions subject to these terms and


conditions unless stated otherwise. Prizes if for any reason an advertised


prize is unavailable we reserve the right at our absolute discretion to


substitute a similar prize of equivalent or greater value. Only one prize will


be awarded per household. There will be no cash or other alternative to the prize


offered and prizes are not transferable. Notification the winner's name will be


selected in a random draw, after the closing date, from all correct answers


received. The winner of a prize will be notified within 28 days after the


winner has been ascertained.


Please allow 28 days for delivery of all prizes.


If the winner of the a competition is unable to take up a prize for any


reason or if the winner cannot be notified after reasonable efforts having been


made then we may dispose of the prize as we think fit without any liability to


the winner for having done so.


For each competition, only one prize will be awarded per entrant / email


address. Names of winners will be available on request. The names of the


winners may be published on our Website and/or on our Facebook, Twitter or any


other social media platform.


Claiming Prizes


Prizes Involving Travel: (a) Travel arrangements are the responsibility of


prize winners unless otherwise stated; (b) we reserve the right to require


written permission from the parent or guardian of any winner who is under the


age of 16 and to require such a winner to choose as a companion someone 18 or


over.


Competition


Prizes/tickets may be restricted to certain times of the year and unless otherwise


stated all prizes must be taken within six months of the date of the competition draw.


Where prizes are to be provided by a third party then the winner will be


required to complete all appropriate or applicable booking or other formalities


direct with such providers. We will have no responsibility for the


acts/defaults of any other persons or companies.


20.


Reviews


If you submit a review, you grant us a non-exclusive, royalty-free,


perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify,


adapt, publish, translate, create derivative works from, distribute, and


display such content throughout the world in any media.


You grant The Hut.com Limited and its sub-licensees the right to use the


name that you submit in connection with such content, if they choose. You agree


to waive your right to be identified as the author of such content and your right


to object to derogatory treatment of such content.


You agree to perform all further acts necessary to perfect any of the above


rights granted by you to The Hut.com Limited, including the execution of deeds


and documents, at the request of The Hut.com Limited.


You represent and warrant that you own or otherwise control all of the


rights to the content that you post; that, as at the date that the content or


material is submitted to The Hut.com Limited:


1. The content and material is accurate;


2. Use of the content and material you supply does not breach any applicable


The Hut.com Limited guidelines and will not cause injury to any person or


entity (including that the content or material is not defamatory). You agree to


indemnify TheHut.com Limited for all claims brought by a third party against


The Hut.com Limited arising out of or in connection with a breach of any of


these warranties.


Winners of the review competition will be notified by email. Failure to


respond to our notification email


within 20 days will result in the prize being forfeited.


21.


 Gift Vouchers


The ZAVVI Gift Voucher can be used to buy any item sold by www.Zavvi.com.au


Our normal terms and conditions, together with the terms and conditions below,


apply to the purchase of your gift voucher. You can email it to family and


friends, or print it out to give to them personally. It is the perfect way to


give a gift when you don’t know what to buy!


What is a ZAVVI Gift Voucher?


Gift Voucher is available in £10, £25, £50, £75 and £100 denominations and enables


you to give a gift when you don’t know what to buy. Gift Vouchers are issued


via email using an electronic voucher code which can then be redeemed in the


Checkout to buy any product on www.Zavvi.com.au


How do I order a Gift Voucher?


 - You can add the gift voucher to


your shopping basket like any other product by selecting the ‘Add to Basket’


button found on the ‘Buy Now’ tab. Then continue to checkout to complete your


order. If you want to purchase more than one Gift Voucher you can increase the


item quantity on the basket page or go back to the relevant Gift Voucher


product page and add more items to your basket. You can also buy other products


at the same time as placing your order for Gift Voucher(s). Gift Vouchers are


valued and issued in GBP Pounds.


Discount codes cannot be used when purchasing a Gift Voucher.


How will I receive a Gift Voucher?


 – Once your order has been processed


and we have taken payment, you will be emailed the electronic Gift Voucher code


to the email address where your order confirmation email is also sent. You will


not receive anything in the post for Gift Vouchers that you order.


How do I give the Gift Voucher to the recipient?


 - Once you have received the


electronic Gift Voucher code you can then forward on this email to the gift


recipient, or you can print out the voucher and give it to them. Gift Vouchers


are valid for 12


Month’s from the date of purchase. I am the recipient of a Gift Voucher.


How do I redeem it? - Gift Vouchers can be used to purchase any product on www.Zavvi.com.au Select the item(s) you wish to order and add them to your


basket. To apply your Gift Voucher, enter the electronic voucher code you


received in the ‘Discount Code’ box and click the ‘Add’


button. This will then apply the voucher to your order. Then proceed to the Checkout


as normal.


What are the restrictions?


 - You can only use one voucher per


order and no change will be issued if the full value of the voucher is not used


in the order. Gift Vouchers are valid for 12 months from the date of purchase


so make sure you remember to redeem your Gift Voucher in time. Gift Vouchers


are valued and issued in GBP Pounds. You cannot use your Gift Voucher in


conjunction with any other discount code.


I have paid for an order using a Gift Voucher. What happens if I want to


return my order?


 - For orders which are refunded, the


refund will be issued via the same payment method as used to pay for the order.


Therefore if you have paid, or part-paid, for an order using a ZAVVI Gift


Voucher any refund will be issued in Gift Vouchers to the same value.


I have lost a Gift Voucher. What do I do?


 - If you are the recipient of a ZAVVI


Gift Voucher please ask the purchaser if they still have details of your


Voucher Code. We can only reissue gift vouchers which have


not been redeemed. For the avoidance of doubt, the original gift voucher will


be void if we issue a replacement. The original expiry date will still apply.


Risk and Loss


- The risk of loss and title for a Gift Voucher shall pass to the purchaser


upon our electronic transmission of the Gift Voucher to the purchaser or


designated recipient, whichever is applicable. We are not responsible if any


Gift Voucher is lost, stolen, destroyed or used without your permission.


Fraud


- We will have the right to close customer accounts and take payment from alternative


forms of payment if a fraudulently obtained Gift Voucher is redeemed and/or


used to make purchases on www.Zavvi.com.au


Can I return my Gift Voucher?


 - Gift Vouchers cannot be returned or


refunded, except in accordance with your statutory rights. The value of the gift


voucher cannot be converted back to cash.


22.


Multibuy Offers


This offer applies only to qualifying items listed in the Multibuy area of


this Website. Where any goods are returned (except for an exchange where


products are faulty/defective), we are entitled to either require the return of


all goods delivered as part of that Multi-buy offer at your cost or charge you


for the goods retained by you at the full price quoted on this site.


23.


Gift With Products Promotions


23.1


Where we are offering a free gift with a product, we shall only provide one free


gift per transaction (irrespective of how many products are purchased). The


free gift is subject to availability and we reserve the right to change the free


gift for a gift of equivalent value.


23.2


 In order for us to facilitate the


provision of a free gift, it may be necessary for us to include the free gift


on our site at a nominal value. For the avoidance of doubt, you are not


entitled to 'purchase' the free gift without purchasing the product it is


provided free with and any attempt to 'purchase' the free gift will be


cancelled (notwithstanding any automated communication you may receive


acknowledging your order). In the unlikely event that the free gift is


despatched to you, you shall be obliged to return the free gift upon written


request.



24. ZBox Subscription Terms and Conditions
You may choose to subscribe to our “ZBox” subscription service. By subscribing to our “ZBox”
service, you acknowledge that the total cost of your subscription will be taken
in full when you place your order.

Subject to availability, you may receive the first “ZBox” in the same month that you
place your order. For example, if you subscribe in January, your subscription may
begin with the January “Z Box”. If the monthly “ZBox” is not available in the
month you place your order, your subscription will start in the subsequent
month.

The date on which we ship the Zbox will vary from month to month. Please note that on
occasion there may be shipping delays and/or product back-orders due to
unforeseen issues involving the brand fulfilment process. Any estimated
delivery dates are estimations only and you will not be eligible for a refund
due to any unforeseen delays. As soon as your “ZBox” is on its way, you will
receive a confirmation email containing a tracking number that allows you to
monitor its shipment. You will not be eligible for a refund due to any
unforeseen delays.

If you change address during the term of your subscription, please contact our
customer services team to notify them. Please note, you must give us four weeks
prior notice of any change in address. If you fail to notify us of any address
change in accordance with this paragraph, then we shall not be liable to you in
the event that you fail to receive your “ZBox” and no refund shall be provided.

 Each subscription is classed as a single sales contract for regular delivery of
goods, so you are only entitled to receive a refund if you cancel your
subscription with us within 14 days from the day on which you acquire physical
possession of your first “ZBox”.

You are entitled to cancel your subscription at any time, however unless you cancel
your subscription with us within 14 days from the day on which you acquire
physical possession of your first “ZBox”, you will not be entitled to a refund.

If you wish to cancel your subscription before the term has expired, you must give us
four weeks prior notice, otherwise you may receive the subsequent months’ “ZBox”.

The above cancellation policy does not affect your statutory rights. Please see clause 10
above for further information about your right to cancel.

We reserve the right to cancel your subscription at any time as a result of any
breach of these Terms. We also reserve the right at our absolute discretion to
cancel and/or change the “ZBox” subscription model.


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