PART 1
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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.
- 1. 1.
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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.
- 2. 1.
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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.
- 3. 1.
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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.
- 4. 1.
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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 on the despatch note which accompanied the delivery. Please make sure that you indicate on the returns label that you are cancelling your order.
- 5. 4.
If you have lost your returns label, 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.
- 5. 1.
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Refund Process
- 6. 1.
If you are entitled to a refund, we will refund you as follows:
- 6. 1. 1.
We will refund you on the payment card you used for the purchase; and
- 6. 1. 2.
If you paid by Gift Card/Moneycard or via your e-wallet, we will refund you on your e-wallet.
- 6. 1. 1.
- 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.
- 6. 1.
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Return Of Faulty Goods - physical products
- 7. 1.
If a product is faulty please simply return the product using the returns label on the despatch note which accompanied the delivery. 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 have lost your returns label, 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.
- 7. 1.
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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).
- 8. 1.
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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.
- 9. 1.
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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.
- 10. 1.