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) ZavviGroup Limited (trading as www.zavvi.com.au) whose registered office is at 24 Stanthorpe Road, Bowdon, Altrincham, England, WA14 3JT; 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 5th Floor, Voyager House, Chicago Avenue, Manchester Airport M90 3DQ;

('we', 'our', or 'us'). Please read them carefully as they affect your rights and liabilities under law. If you do notagree to these Terms, please do not access nor use the Website. If you have anyqueries 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: customer.experience@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 notbeing used without your consent, we will validate name, address and otherpersonal information supplied by you during the order process againstappropriate third party databases.

We take the risk of internet fraud very seriously. With thevolume of fraudulent credit card transactions increasing, we make every effortto ensure all orders are thoroughly checked using the information alreadysupplied. There is a possibility we may contact you to make additional securitychecks and we ask for your co-operation to enable us to complete them. We willnot tolerate fraudulent transactions and such transactions will be reported tothe relevant authorities.

By accepting these terms and conditions you consent to suchchecks being made. In performing these checks personal information provided byyou may be disclosed to a registered Credit Reference Agency which may keep arecord of that information. You can rest assured that this is done only toconfirm your identity, that a credit check is not performed and that yourcredit rating will be unaffected. All information provided by you will betreated 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 Pre-order 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 contact your 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. 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: pre-orders, technology and products part of multi-buys.

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: customer.experience@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:

• 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. Chocolate & Sweets

To make the most of your sweets we recommend that they are consumed within 12 weeks of receipt.

All products are individually dated to ensure the products are consumed when they are at the best.

Nut content

Customers should be aware that all our sweets are manufactured and packaged in environments in which nuts may be present and therefore cannot guarantee that any sweets supplied are free of nuts and nut traces. Please note that ingredients provided are those from manufacturers' packaging and lists and are therefore as accurate as those available from sweet manufacturers, we therefore cannot be held responsible for their content.

Returns

In order to ensure our customers receive the best level of service and are happy to indulge their sweet tooth we offer a comprehensive returns policy in the unlikely event that you are not 100% satisfied with sweets delivered. Please note that the following returns procedure must be followed, and failure to do so may result in us being unable to exchange goods or provide refunds. Also please be aware that we cannot be held responsible and provide refunds/exchanges on stock affected by circumstances beyond our control. This includes damage and neglect after goods are received, goods being stored in climatic conditions such as extremes of temperature that can affect some items - items often stick together or alter appearance slightly, but will taste the same and damage by third parties. In addition please be aware that during the hot summer months goods in transport can be effected by the heat so be aware that delicate items such as chocolate may not always look as intended, but they will of course still taste as good as ever.

Should you wish to return an item for any reason please notify us within 48 hours of receipt of your order of any part that is unsatisfactory. In order to arrange a return, please contact us and inform our customer service team of your order number, the item you are returning and the reason for the return. We will then reply with a unique returns authorisation number and the address you need to send the item to.

You'll need to package the item securely and include:

• Your order number;

• The returns authorisation number;

• Whether a replacement or refund is needed; and

• The reason why you are returning the item.

Goods returned should be in their original condition and packaging in which they arrived, along with a copy of the invoice or packing slip.

Once received items will be checked and refunds on goods and postage arranged where suitable. We cannot issue refunds on simply unwanted goods due the perishable nature of goods on sale. Refunds/exchanges will only be offered on items that are faulty, and were clearly so at the time at which they were dispatched.

20. 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 ZavviGroup company or any other person who is directly connected with the organisation of any particular competition is ineligible to participate.

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.

21. 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 Zavvi.com.au 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 Zavvi.com.au, including the execution of deeds and documents, at the request of Zavvi.com.au.

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 Zavvi.com.au:

1. The content and material is accurate;
2. Use of the content and material you supply does not breach any applicable Zavvi.com.au guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).

You agree to indemnify Zavvi.com.au for all claims brought by a third party against Zavvi.com.au arising out of or in connection with a breach of any of these warranties.

22. 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 Australian Dollars. 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 months 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 Australian Dollars. 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.

23. Multi-buy Offers

This offer applies only to qualifying items listed in the Multi-buy 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.

24. Gift with Products Promotions

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.

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 you agree to our Terms and Conditions.

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 “ZBOX”. 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.

25. Electronics

Electronic items on site that are powered through sockets are supplied with a UK three pin plug only.

26. Credit

Any credit will be valid for 12 months from the date of issue and will expire on the anniversary of the date of issue.

27. Special Offers & Promotions

Discount codes that are valid across the entire site exclude the following unless stated otherwise;

• Pre-orders
• Bundle & Special Boxes
• Technology
• Lego
• Limited Edition products and collections
• Subscriptions
• All Sale, Clearance, Outlet Lines
• Can not be used in conjunction with other promotions

Unless expressly stated otherwise, all discount codes/offers are subject to a maximum discount value equivalent to £1 per 1% of discount (e.g. a 10% discount code is capped at a maximum discount of $10, a 20% discount is capped at a maximum discount of $20 etc). From time to time and at our sole discretion, we may increase or decrease this cap for certain promotions.