Scope

These terms and conditions cover use of the www.Asda-Entertainment.co.uk site and any purchases made on www.Asda-Entertainment.co.uk.

DEFINITIONS

• "Conditions" means these terms and conditions;
• "Online Sales" means sales of Goods and Services conducted through the Website;
• "Goods" means goods displayed for sale on the Website;
• "Services" means services displayed for sale on the Website;
• "Users" means the users of the Website collectively;
• "User Information" means the details provided by you on any application to buy Goods or Services from us via the Website;
• "We/us/our" means The Hut.com Limited or The Hut.com (Trading) Limited, where applicable;
• "Website" means the website located at www.Asda-Entertainment.co.uk or any subsequent URL which may replace it; and
• "You/your" means a user of the Website.

A. USE OF THE WEBSITE

2. Agreement

By using the Website you agree to be bound by these Terms. We endeavour to offer you the best possible service but cannot guarantee that the Services will be fault free. If a fault occurs, please Contact Us. and we will be able to advise you further. Occasionally we need to carry out essential repairs, maintenance and/or updating of our IT systems which may restrict your use of the Services. In these circumstances, we will endeavour to restore the Services to you as soon as possible.

3. 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.

4. 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 the site are for private domestic and consumer use only and not for re sale
• you will Contact Us immediately and notify our customer service team of any changes to personal information

5. Privacy Policy

We will treat all your personal information:

as confidential and will only disclose the same in the circumstances set out below; and
in accordance with Data Protection legislation from time to time.

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 may in some circumstances use 3rd party suppliers to verify this information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office. We will use your personal information for the following purposes:

processing your orders;

• to administer this Website;
• for statistical purposes to improve this Website and its services to you;
• if you have not objected during the registration process, to notify you of products or special offers that may be of interest to you
• if you have not objected during the registration process, companies within the Asda.com group and organisations providing goods and services on behalf of Asda.com may contact you about their products or services that may be of interest to you.

If you have not objected during the registration process, but do not want us to:

• contact you regarding products or services which may be of interest to you; or
• to transfer your data to group companies and third parties so that they can contact you about their products and services;

then please write to us at Asda Entertainment.com, Meridian House, Gadbrook Park, Rudheath, Northwich, Cheshire, UK, CW9 7RA and notify us accordingly.

Unless you advise us otherwise you agree that personal information may be disclosed to Asda Stores Limited, to Asda Stores Limited’s parent company in the US, Wal-Mart Stores Inc,, and organisations providing goods and services on behalf of the Asda Stores Limited and to reputable third parties who will help process your order. In addition, you do not object to Asda Stores Limited and organisations providing goods and services on behalf of the Asda.com contacting you for the purposes set out above, whether this be by fax, telephone, [e-mail, SMS] or in writing and you do not consider any of the above as being a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.

You should be aware that if we are requested by the police or any other regulatory authority investigating suspected illegal activities to provide your personal information, we are entitled to do so.

6. 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.

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.

7. 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

8. 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.

9. 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 these. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor 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.

B. PURCHASE OF PRODUCTS

10. 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 or debit card or (ii) dispatch the goods to you, whichever is the earlier. You agree that we will not be responsible for failing to deliver Goods to you if you have supplied us with an incorrect address.

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.

Each good or service purchased is sold subject to additional specific terms and conditions related to that good or service including, without limitation, terms and conditions concerning estimated delivery times and any warranties. Please ensure that you read such additional terms.

11. Cancellation Rights

Please note that you are entitled to cancel any contract completed with us within 7 working days of receipt of the goods by You or within 7 working days from the day after the services contract was completed..

If you do cancel a contract pursuant to this clause 9, then:

• you must Contact Usand inform our customer service team.
  Asda Entertainment.com, Meridian House, Gadbrook Park, Rudheath, Northwich, Cheshire, UK, CW9 7RA;
• you must retain possession of the goods or services and ensure that you take reasonable care of the goods or services until such time as the goods or services are delivered back to us by you at your cost or collected by us together with their original packaging;
• Please note that your right to return an item does not apply to certain items unless the item has a manufacturing fault. Such items include CDs, DVDs, videos and computer software, which may be restricted to an exchange for the same title due to the problem of unlicensed copying;
• we will notify you of when we wish to collect the goods or services.

You can return the goods or services to us, please Contact Us and our customer service team will provide you with the relevant address details; We regret that Asda Entertainment cannot be held responsible for non-delivery of returned goods so we recommend you get a certificate of posting from the Post Office (this is free of charge). Items bought through Asda Entertainment cannot be returned to an Asda store. We will refund any monies you have paid to us within 30 days of receipt of your cancellation notice or our receipt of the returned goods.

12. Price and Payment

All prices are expressed inclusive of any VAT payable (where applicable). Prices do not include the cost of delivery or any other services. We reserve the right, however, to change prices at any time without notice to you. Every effort is made to ensure that prices shown are accurate at the time you place your order. If within 14 days of accepting your order a pricing error is found in respect of any or all of the goods you have ordered, we will notify you as soon as possible detailing the mis-priced goods and offer you the option of:-

1. placing a new order at the correct price for those goods;
2. cancelling the whole of your order; or
3. cancelling your order for the mis-priced goods and reconfirming your order for the correctly priced goods.

If, within [7] days of receipt of our notice to you, you have not responded by selecting one of the available options above then

1. if all of the goods you have ordered are found to be mis-priced the entire order will be cancelled automatically and we will refund or re-credit you for any sum you have paid for those goods; or
2. If only some of the goods you have ordered are found to be mis-priced, our contract with you continues and we will deliver the correctly priced goods but we will not be obliged to supply you with the mis-priced goods. In these circumstances we will refund or re-credit you for any sum you have paid for the mis-priced goods.

Payment can be made by any major credit or debit card, however, we do not accept American Express. 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 pre-auth value of £0.01 will be held against the card until the card issuer validates the payment.

You confirm that the credit or debit card 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.

13. Eligibilty 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 (please click here for further information on age classifications); and
• stipulate a delivery address within the UK; and
• register your real name, address, phone number, e-mail address any other details requested; and

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.

C. GENERAL

14. Intellectual Property

The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website belong to us and our agents and 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.

15. Limitation of Liability

Notwithstanding any other provision in the Terms, nothing in these Terms:

• will 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 to 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
• inadequacy 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.

We will not be liable to you for any delay or failure to fulfil On-Line Sales which you make using the Service, where such delay or failure is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not restricted to electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.

The use of the Website does not constitute a licence for you to use trademarks, designs and/or logos of us and our agents, including but not limited to Asda Entertainment and Asda Entertainment.com

16. 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.

17. Waiver

No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

18. Law and Jurisdiction

Sales on this website are governed by English law and any dispute concerning this contract will be subject to the non-exclusive jurisdiction of the English courts.

Company Details: The Website is operated on behalf of ASDA by The Hut.com Limited, a UK registered company Registered office : Meridian House, Rudheath, Gadbrook Park, Northwich, Cheshire, CW9 7RA. Company Number 5016010 VAT No. 836 8546 86.

COMPETITIONS

• No purchase necessary.
• The winner will be chosen at random after the closing date and will be notified within 14 days of the draw.
• The judge's decision is final and no correspondence will be entered into.
• The prize is non transferable and there is no cash alternative.
• Entrants must be 18 years or over.
• Employees, family and friends of ASDA Entertainment or associated companies are not eligible to enter.
• Competition open to UK residents only.

ASDA's Privacy Policy will apply to your use of this website and entry into the Competition. View the Privacy Policy here.