PART 1

• 1. Descriptions, Prices And Product Information

  • 1. 1.

    We have taken care to describe and show physical products as accurately as possible. Despite this, slight variations in physical products may occur.
    
    Where the Tesco Entertainment Website indicates that physical products are ‘Burn on Demand’, these are manufactured at our warehouse specially to fulfill your order and are supplied in a DVD style case which is security sealed (rather than shrink wrapped) and box inlay, inserts and manuals are also printed on demand to a standard approved by the original publisher and may vary from the conventional retail version.
    
    Physical products sold as pre-owned are second hand, so they will have wear and tear damage and could be missing parts of the original packaging or inserts (including any promotional material supplied with the original physical product) .
    
    If there is anything which you do not understand, or if you wish to obtain further information, please contact Customer Services on 0845 600 2722. Calls cost 5p, plus up to 5p per minute from BT landlines although other providers may vary. Calls may also be recorded.

  • 1. 2.

    Every effort is made to ensure that prices shown for products are correct at the time the product is added onto the Tesco Entertainment Site. The price offered in respect of a product on the Tesco Entertainment Site may differ from the price offered at the same time in Tesco stores. We are under no obligation to honour any in-store price or promotion in the event that it differs from those on the Tesco Entertainment Site.

  • 1. 3.

    If you pre-order a product (i.e. you place your order for a product which is a future release), you may be charged a lower price than that shown on the Tesco Entertainment Site at the time you place your order. This is because, for pre-order products, if the price on the day of release is lower than the price at the time you placed your order minus any promotional discounts, we will charge you the price on the day of release. Please note: Promotional discounts will only be applied to the price on the Tesco Entertainment Site at the time you place your order and not any subsequent lower prices.

  • 1. 4.

    If, by mistake, we have under priced a product, we will not be liable to supply that product to you at the stated price, provided that we notify you before we despatch the physical product to you or before the MP3 download concerned is commenced, as applicable. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the product at that price. If you decide not to order the product, we will give you a full refund on any amount already paid for that product in accordance with our refund policy in section 6 below.

  • 1. 5.

    All prices are expressed inclusive of any applicable VAT payable unless otherwise stated.

  • 1. 6.

    The price of a physical product includes the delivery charge. For more information on delivery arrangements see section 4 below.

• 2. Availability

  • 2. 1.

    We try to ensure that we always stock the full range of physical products. If a physical product is out of stock we may not be able to deliver it to you for several weeks but we will let you know the estimated despatch time when you place your order. If for any reason beyond our reasonable control we are unable to supply a particular physical product, we will not be liable to you except to ensure that you are not charged for that physical product.

  • 2. 2.

    Some products are only available to purchasers above a certain age, as shown on the relevant product page. You confirm that, by placing an order for a product which is only available to purchasers above a certain age, you are of the required age. If you are buying a product for someone else, please make sure that the person who you are buying it for is also of the required age.

  • 2. 3.

    In the interests of ensuring availability for all of our customers, each product is limited to a maximum of 5 purchases per customer in a 90 day period.

• 3. Your Order

  • 3. 1.

    Your order is an offer to buy from us. After you have placed an order for a physical product, we will send you an email to let you know whether you will be transacting with Tesco Stores or Tesco Jersey for the particular product. If you would like to cancel your order for a physical product at this stage you are free to do so in accordance with our cancellation policy in section 5.3 below. You cannot cancel an order for an MP3 download after you have confirmed the order; please see section 5.5 below where we explain why this is our policy. You cannot cancel an order for a concert ticket after you have confirmed the order; please see section 5.6 below where we explain why this is our policy.

  • 3. 2.

    In relation to physical products, nothing that we do or say will amount to any acceptance of your offer until immediately before we despatch a product to you, at which point a contract will be made between us. At any point up until then we may decline to supply a product to you without giving any reason. If we decline to supply a physical product to you and you have already paid for it, we will give you a full refund of any amount already paid for that product in accordance with our refund policy in section 6 below. In relation to MP3 downloads, nothing that we do or say will amount to any acceptance of your offer until you confirm your order for a download (including receiving payment from you, if applicable). At any point up until then we may decline to supply an MP3 download to you without giving any reason.

  • 3. 3.

    Where physical products are despatched separately from each other or where you have physical products and MP3 downloads in the same order, our acceptance of the order in respect of each product takes place immediately before that product is despatched or made available to you to download, as applicable.

  • 3. 4.

    Unless you pre-order a product which has not yet been released, we will charge you for the product immediately before we despatch the physical product to you or make the MP3 download available to you. If you pre-order a product which has not yet been released, we will charge you for the product on the release date. This is so that we can charge you the price on the release date if this is lower than the price at the time you placed your order, in accordance with section 1.3 above.

• 4. Delivery - Physical products

  • 4. 1.

    Ownership of the product will pass to you immediately before we despatch the product.

  • 4. 2.

    Delivery will be made to the address specified when you complete the order.

  • 4. 3.

    Please note we only deliver to addresses within England, Scotland, Wales and Northern Ireland. If we are sourcing the product from Guernsey, you (or whoever you have asked us to deliver the product to) will be the declarant and importer into the UK and you will be responsible for any import duties or taxes.

  • 4. 4.

    We use a variety of delivery methods, including third party delivery companies, depending on where the product you order is located. If we are sourcing the product from Guernsey, we will arrange for the product to be put into the Guernsey postal system on your behalf.

  • 4. 5.

    Whilst we make every effort to deliver all your products within 30 days of the date of your order, we shall not be responsible if we fail to do so in part or in full due to circumstances beyond our control. If we cannot despatch all or part of your order within 30 days, we will automatically cancel the unfulfilled part of your order and send you an email to let you know this. This section 4.5 does not apply if you pre-order a product.

  • 4. 6.

    We will send you an email to let you know that your product has been despatched. If you have not received your product 10 days after this, please contact Customer Services.

  • 4. 7.

    Concert tickets are covered by the above terms and conditions with the following difference. We will send you an email to let you know that your concert ticket has been despatched. If you have not received your product 10 days after this, or 5 days before the date of the concert (whichever is sooner) please contact Customer Services.

• 5. Cancellation Of Order

  Physical products (excluding concert tickets)

  • 5. 1.

    If you would like to cancel your order you can do this using the "Cancel my order" option in the "My Account" section of the Tesco Entertainment Site (click on "Order History" and then "Order Details"). This option will be available for about 30 minutes after you place your order. Sometimes it may not be available for as long as this although it may also be available for considerably longer, particularly if you have pre-ordered a product which has not yet been released.

  • 5. 2.

    If you would like to cancel your order and the "Cancel my order" option is no longer available, this means that we are unable to stop the delivery because, for example, the product has already been despatched or we have started to process part of your order. In these cases, if a signature is required at delivery, you can refuse to sign for the delivery so that the product is returned to us and we will refund in accordance with our refund policy in section 6 below. If no signature is required at delivery, please follow the procedure set out in section 5.3 and section 5.4 below.

  • 5. 3.

    We hope that you will be happy with your purchase but should you wish to cancel your order you also have the right to do so up to 28 days following the receipt of a product. The product must be sealed and unopened when you return it so that we can make sure that no copies of the product have been made. If you wish to do so and a signature was required at delivery, please call Customer Services and they will explain how to return the product. In all other cases, please simply return the product using the returns label. If you received a delivery note with your delivery, the returns slip can be found on the delivery note. If you did not receive a delivery note with your delivery or have misplaced it, please refer to the despatch email you received and follow the link to print a returns label. Please make sure that you indicate on the returns label that you are cancelling your order.

  • 5. 4.

    If you cannot find your returns label or cannot print one from your despatch email, please call Customer Services and they will let you know what to do. We will not be able to process your cancellation unless the relevant order number and your name and address are included with the returned product.

  MP3 downloads

  • 5. 5.

    We make downloads of MP3s available to you via the Tesco Entertainment Site as soon as we have confirmation of your order (including pre-authorising payment from you, if applicable). As soon as you confirm your order for an MP3 download, our computer systems begin making it available to you. Therefore, once you have confirmed your order, you cannot cancel.
    If you are unable to complete the download process or wish us to provide a replacement for a file that is defective please contact Customer Services and, where this is due to our default, we will replace or refund the download.

  Concert tickets

  • 5. 6.

    We process the despatch of concert tickets available to you via the Tesco Entertainment Site as soon as we have confirmation of your order. Therefore, once you have confirmed your order, you cannot cancel.

• 6. Refund Process

  • 6. 1.

    If you are entitled to a refund, we will refund you as follows:

    1. 6. 1. 1. We will refund you on the payment card you used for the purchase; and
    2. 6. 1. 2. If you paid by Gift Card/Moneycard or via your e-wallet, we will refund you on your e-wallet.
  • 6. 2.

    In the event of a refund, all Clubcard points received for the purchase of a refunded product will be removed from your Clubcard account.

• 7. Return Of Faulty Goods - physical products

  • 7. 1.

    If a product is faulty please simply return the product using the returns label. If you received a delivery note with your delivery, the returns slip can be found on the delivery note. If you did not receive a delivery note with your delivery or have misplaced it, please refer to the despatch email you received and follow the link to print a returns label. Please make sure that you indicate on the returns label that the product is faulty and that you require a replacement.

  • 7. 2.

    If you cannot find your returns label or cannot print one from your despatch email, please call Customer Services and they will let you know what to do. We will not be able to process your return unless the relevant order number and your name and address are included with the returned product.

  • 7. 3.

    Failure to show that you have purchased the product from us may result in the replacement becoming chargeable. If a fault is caused by accident, misuse or negligence other than by us or our agents the replacement will also be chargeable. (If a replacement is chargeable, we will tell you in advance.)

  • 7. 4.

    Please note that the Tesco entity which you transact with for the replacement product may be different from the Tesco entity which supplied the original product to you. We will send you an email to let you know whether you will be transacting with Tesco Stores or Tesco Jersey for the replacement product. If you would like to cancel your replacement product at this stage you are free to do so in accordance with our cancellation policy in section 5.3 above.

  • 7. 5.

    Products bought through the Tesco Entertainment Site cannot be returned to a Tesco store.

• 8. Payments

  • 8. 1.

    Payment for all products will be accepted and processed by Tesco Stores, whether the product is supplied by Tesco Stores or Tesco Jersey. If the product is supplied by Tesco Jersey, Tesco Stores will accept and process your payment as agent for Tesco Jersey.

  • 8. 2.

    You can pay by Mastercard, Visa (credit or debit), Maestro, American Express or by using your e-wallet. We also accept Tesco Gift Cards/Moneycards and eGift Vouchers from the Tesco Entertainment Site. We unfortunately cannot accept Clubcard vouchers or any other type of card, e.g. Visa Electron.

  • 8. 3.

    For use of Tesco Gift Cards/Moneycards and eGift vouchers please see section 9 below.

  • 8. 4.

    Your credit/debit card details will be encrypted by the Tesco Entertainment Site to minimise the possibility of unauthorised access or disclosure.

  • 8. 5.

    Authority for payment must be given at the time of order. If there is a problem with your authorisation or payment we will let you know (this may be via a message on the Tesco Entertainment Website, an email or by Customer Services telephoning you).

• 9. Free Gifts And Promotional Products; Use Of Gift Cards/Moneycards And eGift Vouchers

  • 9. 1.

    Free gifts and promotional products that are given away in conjunction with a purchase may be despatched to you separately and delivery times may vary.

  • 9. 2.

    If you change your mind and return your physical product under the returns policy in section 7 above you must also return any free gift or promotional product associated with the promotion and received by you as a result of that order in order to receive a refund.

  • 9. 3.

    We accept Tesco Gift Cards/Moneycards and eGift vouchers from the Tesco Entertainment Site, subject to the General Terms & Conditions of Tesco.com and any other specific conditions notified to you on the issue of such Gift Cards/Moneycards or eGift vouchers.

• 10. Selling pre owned games to us - physical products

  • 10. 1.

    You can also use the Tesco Entertainment site to obtain a guide price for the amount of money you could be paid if you sold your pre-owned games products to Tesco. The Tesco Entertainment site will, after you have entered the product’s barcode or game title, provide you with a guide price for any game product that we are currently accepting in-store. If you would like to go ahead and sell the product to Tesco, you may search on the Tesco Entertainment site for the nearest participating store to you. At the store, we will look at the condition of the game, and providing it passes or quality checks (see section 10.4) and (subject to 10.2) make a formal offer to you to buy the game based on the price notified to you in store on the day. The price you are offered in store may be more or less than any guide price given by the Tesco Entertainment site. Terms and conditions apply (see in store for full details).

  • 10. 2.

    You may only offer products for sale to Tesco which are legally owned by you in a non-commercial capacity and which are legally licensed for sale to consumers in the UK. We may reject any product, including where we believe is not legally licensed for sale to consumers in the UK, if we believe it may be counterfeit or stolen or if we believe it is a product which has not been originally put on the market for sale to consumers (e.g. promotional or press copies).

  • 10. 3.

    You may not sell more than two products of the same games title in the same format at the same time. A maximum of 12 games can be sold in any one transaction.

  • 10. 4.

    You may sell in-store original Xbox 360, Play Station 3, Nintendo Wii and DS games, complete with original instruction booklet and case which must be complete and not damaged. The original disc should be free of any scratches or visible damages and will be inspected for authenticity and quality. We reserve the right to decline any game not meeting our quality inspection and to stop accepting specific games for trade-in at any time.

  • 10. 5.

    By law we are required to record your name and address as part of completing the transaction and this data will be protected and not used for marketing purposes.

  • 10. 6.

    Upon completion of a trade-in you will be provided with a gift card/moneycard that can be used in-store or online to make further purchases.

• PART 2

• 11. Respecting Intellectual Property Rights

  • 11. 1.

    Tesco Stores and its licensors own all intellectual property rights in the MP3 download service provided on via the Tesco Entertainment Site. Tesco Stores and its licensors reserve the right to change, suspend, remove or disable access to any of the MP3s or other materials comprising part of the Tesco Entertainment Site, including access to any software necessary to download the MP3s, at any time without notice.

  • 11. 2.

    You must not give, lend, rent, sell or otherwise distribute any MP3 downloads, materials or software accessed via the Tesco Entertainment Site to anyone else. In particular you must not upload it to a network or file-sharing service. If any of our licensors suspect you are in breach of these Terms and Conditions and ask us to co-operate with them we shall do so, including by cancelling your registration and telling them who you are. They could take legal action against you for breaching their intellectual property rights.

• 12. Additional music terms & conditions for MP3 downloads

  • 12. 1.

    Subject to section 12.2, each item of music content that you download from the Tesco Entertainment Site is subject to the following rules about how you can use it:

  • • -

      You must install and use the Tesco download manager to download MP3s (which will have certain minimum requirements to function, including having Microsoft Silverlight); you cannot download it onto an Apple or any other non-PC computer - sorry!

    • -

      You need at least 200MB of free disk space to download an MP3

    • -

      You can download the MP3 up to 5 times/p>

    • -

      You can play it using any media player software compatible with MP3s ("Player Software")

    • -

      You can synchronise it with portable devices which belong to you

    • -

      You can burn it onto a CD for your personal use

  • 12. 2.

    It might be that for some items of content the music label has imposed more restrictive (or sometimes more generous) usage rights on you - so you should always check the properties of the MP3 using your Player Software.

• 13. Territory

  • 13. 1.

    Although you can view the Tesco Entertainment Site from anywhere on the Internet, the MP3 download service is currently available only in the United Kingdom. This is because some of our content suppliers (for example, record companies) have placed restrictions on how they allow their digital content to be used. Therefore, you agree not to attempt to stream or download MP3s from the Tesco Entertainment Site from outside the United Kingdom and that we may use technologies to verify your location.

• 14. Material in MP3 downloads

  • 14. 1.

    You understand that some MP3 downloads may include material that you may consider offensive or otherwise objectionable. Although we will attempt to make such material clear where the suppliers of the content provide us with this information (for example by using "Explicit Content" tags), you agree that we shall have no liability to you for material within MP3 downloads that may be found to be offensive or otherwise objectionable.

• PART 3

• 15. Sale of Concert Tickets

  • 15. 1.

    Concert tickets are made available for sale on the Tesco Entertainment Site by Tesco as agent for the concert’s promoter (“Promoter”). This means that the Promoter is responsible to you for all aspects of the concert (“Concert”) and Tesco’s only responsibility to you is to process your payment and to despatch to you the concert tickets which you have purchased on the Tesco Entertainment Site (“Tickets”). Once you purchase a ticket, you cannot cancel it (see paragraph 5.6 above).

  • 15. 2.

    Please check the details of your Tickets upon receipt. If Tickets are returned to us as ‘addressee unknown’ then we will cancel them and refund you.

  • 15. 3.

    In exceptional circumstances we may ask you to collect the Tickets at the location at which the Concert is being held (“Venue”).

  • 15. 4.

    Tickets are sold subject to the terms and conditions of the Promoter and the Venue. These include terms and conditions which:

  • 15.4.1.

    Permit the Promoter to change the artist/band on the bill

  • 15.4.2.

    Prohibit Tickets from being re-sold (the Venue may refuse entry or eject persons with re-sold Tickets)

  • 15.4.3

    Permit the Promoter to cancel re-sold Tickets or Tickets bought fraudulently 15.4.4 Prohibit refunds/exchanges of Tickets

  • 15.4.5

    Prohibit the issue of duplicate Tickets (e.g. if lost or damaged)

  • 15.4.6

    Prohibit photographic or recording equipment or laser pens or fireworks to be brought into the venue

  • 15.4.7

    Require the audience to consent to be photographed, recorded and filmed as members of the audience, which may be used for promotional purposes

  • 15.4.8

    Permit the Venue to refuse entry (or eject persons in breach of the terms and conditions)

  • 15.4.9

    Require children under 16 to be accompanied by an adult at all times

  • 15.4.10

    Require proof of age to enter Venue and/or purchase alcohol

  • 15.4.11

    Require persons entering Venue to submit to a security search

  • 15.4.12

    Prohibit glass bottles at Venue and require only alcohol purchased at the Venue to be consumed

  • 15.4.13

    Prohibit animals at Venue (including outside or left in cars) - although guide dogs and/or hearing dogs permitted

  • 15.4.14

    Prohibit smoking in enclosed spaces at Venue

  • 15.4.15

    Require you to contact the nearest steward should you experience any problems whilst at the Venue

  • 15.4.16

    Permit the Promoter to amend the terms and conditions of Ticket in accordance with any laws, legislation or policies

  • 15. 5.

    We may pass your contact details on to the Promoter and/or Venue so that they may contact you directly if necessary.

  • 15. 6.

    Please address any special access requirements you have in advance of your attendance at the Concert by contacting the Venue.

  • 15. 7.

    It is your responsibility to check whether a Concert has been cancelled, postponed or changed. We will only refund your Ticket if the whole Concert is cancelled and not rescheduled by the Promoter, or if the whole Concert is rescheduled and you cannot attend on the rescheduled date.

  • 15. 8.

    We are not responsible for any lost, stolen or damaged Tickets, unless the loss, theft or damage is due to our negligence or breach of these terms and conditions.

• PART 4

• 16. Our Responsibility To You

  • 16. 1.

    If we are in breach of these Product Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you make the relevant order. Our products are for personal use only and our liability shall not in any event include business losses such as lost data, lost profits or business interruption.

  • 16. 2.

    Our responsibility to compensate you in connection with any order will not exceed the total price charged for the products.

  • 16. 3.

    This section 15 shall not limit or affect our liability resulting from any products sold being found to be unsafe or if something we do negligently causes death or personal injury.

• 17. Purchase an eligible DVD or Blu-Ray from Tesco and watch the movie online at blinkbox at no extra cost

  • 17. 1.

    "The Blinkbox Version" means the digital version of the DVD or Blu-Ray made available to you in accordance with these terms and conditions when you purchase an eligible product from Tesco.

  • 17. 2.

    Please read these terms & conditions carefully as they affect your rights and liabilities and set out the terms under which the Blinkbox Version is made available to you.

  • 17. 3.

    Tesco usual terms and conditions also apply.

  • 17. 4.

    Please also note that the Blinkbox Version is subject to the Blinkbox Terms & Conditions which you accept by purchasing eligible product from Tesco.

  • 17. 5.

    You must create an account with Blinkbox to watch the movie online at Blinkbox and accept Blinkbox’s standard terms and conditions. The Blinkbox Version may be subject to limitations and restrictions (for example, as to the number of times the Blinkbox Version can be downloaded, the number of devices the Blinkbox Version can be downloaded to, the number of times the Blinkbox Version may be streamed, the period for which you can download or steam the Blinkbox Version or otherwise). Please check the product information page at Blinkbox and the Blinkbox terms and conditions for further details.

  • 17. 6.

    Tesco may withdraw this promotion at any time.

  • 17. 7.

    The promotion applies to eligible products only which are indicated on the product information page with a Blinkbox icon.

  • 17. 8.

    The promotion is available to Tesco Clubcard Holders only (you must purchase with a Tesco Clubcard to be eligible to receive the Blinkbox Version).

  • 17. 9.

    A Clubcard can only be linked to a single Blinkbox account. If you try to link the same clubcard to multiple accounts you will receive an error message.

  • 17. 10.

    The Blinkbox Version will initially be made available as a rental version but rights will be converted to ‘own’ rights provided you haven’t returned the DVD or Blu-Ray.

  • 17. 11.

    The promotion is available to UK customers only (the Blinkbox Version may also have geographical restrictions - please see Blinkbox’s terms and conditions for details).

  • 17. 12.

    If you cancel or return the qualifying DVD or Blu-Ray and you have watched the Blinkbox Version you authorise us to make a deduction from the refund value to reflect that you have watched the Blinkbox Version. The amount of the deduction may vary and we reserve the discretion to make a deduction for the amount that we determine.

  • 17. 13.

    In the event of cancellation or return of the DVD or Blu-Ray, Blinkbox will automatically remove the Blinkbox Version from your Blinkbox account.

  • 17. 14.

    This promotion is non transferrable, non exchangeable and not redeemable for cash. The online movie may not be given as a gift or sold.

  • 17. 15.

    If you buy a movie from Blinkbox and subsequently buy the DVD or Blu Ray from Tesco to which this promotion would otherwise apply you will receive no refund or discount.

  • 17. 16.

    If you pre-order a DVD or Blu Ray the online movie will not be available in your blinkbox video library until the official release date or the date Blinkbox has the right to start the sale of the online movie, whichever is later.

  • 
    FAQs are also available here

• 18. General

  • 18. 1.

    You may not transfer any of your rights under these Product Terms & Conditions to any other person. We may transfer our rights under these Product Terms & Conditions to another business where we reasonably believe your rights will not be affected.

  • 18. 2.

    If you breach these Product Terms & Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Product Terms & Conditions.

  • 17. 3.

    We shall not be responsible for any breach of these Product Terms & Conditions caused by circumstances beyond our reasonable control.

  • 18. 4.

    Except as expressly set out in these Product Terms & Conditions, all use of your personal information will be made in accordance with our Privacy Policy.

  • 18. 5.

    When ordering from the Tesco Entertainment Site we accept orders only from Web browsers that permit communication through Secure Socket Layer (SSL) technology, for example, 3.0 version or higher of Explorer and versions 3.02 or higher of Firefox. This means you cannot inadvertently place an order through an unsecured connection.

  • 18. 6.

    These Product Terms & Conditions are subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England, Scotland, Wales or Northern Ireland.

• 19. Customer Services

  • 19. 1.

    If you have any queries, please contact us.

  • 19. 2.

    The Tesco Entertainment Site is owned and operated by Tesco Stores Limited, a company registered in England whose registered office is at:

    Tesco House Delamare Road Cheshunt Hertfordshire EN8 9SL Company Registration No. 519500 VAT No. GB220 4302 31
  • 19. 3.

    Tesco (Jersey) Limited is a company registered in Jersey whose registered office is at:

    22 Grenville Street St Helier Jersey JE4 8PX