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Terms & conditions
Master Card Competition T&Cs
Rugby World Cup 2015 Ticket Terms
2. Terms & Conditions of Competition
Terms & Conditions
TERMS AND CONDITIONS These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website www.Mankind.co.uk ('the Website') and your relationship with The Hut.com Limited whose registered office is at Meridian House, Gadbrook Park, Gadbrook Way, Rudheath, Northwich, Cheshire, UK, CW9 7RA and or The Hut.com (Trading) Limited whose registered office is at 17 The Esplanade, First Floor, St Helier, Jersey, JE2 3QA (as the case may depending upon who fulfils your specific order) ('we', 'our' or 'us'). Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
1. Agreement By using the Website you agree to be bound by these Terms.
2. Amendments We reserve the right to: • update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and • modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
3. Registration You warrant that: • the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and • you are not impersonating any other person or entityThe 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: firstname.lastname@example.org
5. Protecting Your Security To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked using the information already supplied. There is a possibility we may contact you to make additional security checks and we ask for your co-operation to enable us to complete them. We will not tolerate fraudulent transactions and such transactions will be reported to the relevant authorities. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
6. Compliance The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website: • any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and • any material which is defamatory, offensive or of an obscene character
7. Indemnity You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
8. Third Party Links As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites 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.
9. Orders All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order. Any orders placed by you will be treated as an offer to purchase the goods or services from us and we have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from us shall not amount to our acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and us will take place when we (i) debit your credit, debit card or PayPal account or (ii) dispatch the goods to you or commence the services, whichever is the later. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website. The products sold on the Website are not for re-sale or distribution. You are limited to a purchase of 5 items of any one product. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision. You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. We accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified.
Deposit Items Certain high value items are not readily available from stock and require a production order to be placed on the supplier. Such items are identified on our Websites as Preorder items. In order to secure supply of these items, prior to confirmation of your order we will require you to pay a deposit of the total order value. When ordering such items you agree that the expected delivery date can be variable. We will keep you informed by email of expected delivery times which in certain circumstances may be up to approximately twelve weeks.
10. Cancellation Rights Where you have purchased the goods or services as a consumer (i.e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with us within 14 days from the day on which you acquire physical possession of the goods. If you wish to cancel a contract pursuant to this clause 10, then please see our Returns Policy for further details of how.
11. Price and Payment All prices shown are inclusive of VAT (where applicable) and are correct at the time they are entered on to the system. We reserve the right, however, to change prices at any time without notice to you. Orders with a delivery address outside the UK may be subject to import duties and taxes (including VAT) which are levied once a delivery reaches your destination country. Any such additional charges must be borne by you. You should note that customs policies and practices vary widely from country to country. We recommend that you 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. 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. In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund. You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery. You may only use one discount code with each order. We reserve the right to reject or cancel any orders where you add more than one discount code to the basket. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value. Discount codes that are valid across the entire site exclude the following products - click here for the full list. Please familiarise yourself with these terms and conditions before you place an order as we reserve the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of the discount code terms and conditions can be obtained by mailing or telephoning our customer service representatives at: • e-mail address: email@example.com
12. Eligibility to Purchase To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must: • if an individual, be 18 years of age or over; and • register your real name, address, phone number, e-mail address any other details requested. By offering to purchase goods and services you represent to us that you are 18 years of age or over and authorise us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
13. Intellectual Property The content of the Website is protected by copyright, trade marks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
14. Limitation of Liability Notwithstanding any other provision in the Terms, nothing in these Terms: • affect or limit your rights as a consumer under English law; or • will exclude or limit our liability for death or personal injury resulting from our negligence.The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties, whether express or implied, in relation to it and its use. You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet. Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website we will attempt to correct this as soon as we reasonably can. In particular, we disclaim all liabilities in connection with the following: • incompatibility of the Website with any of your equipment, software or telecommunications links; • technical problems including errors or interruptions of the Website; • unsuitability, unreliability or inaccuracy of the Website; and • failure of the Website to meet your requirements.To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
15. Severance If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
16. Waiver No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
17. Entire Agreement These Terms form the entire basis of any agreement reached between you and us.
18. Law and Jurisdiction These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
19. All Competitions We reserve the right to amend these Terms without notice from time to time. These rules will be deemed incorporated into each competition except to the extent that any specific instruction in a competition provides otherwise. By entering the competition entrants will be deemed to have read and understood these Terms and be bound by them. All of our decisions will be final and binding and no correspondence will be entered into. Any person who is an employee or an immediate family member of an employee of any The Hut Group company or any other person who is directly connected with the organisation of any particular competition is ineligible to participate. Competitions are only open to residents of the UK (excluding Northern Ireland). All entrants are to be aged 18 or over unless any other age restriction is specified or implied. Entrants should, if under 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. How to enter: Simply select and pay with MasterPass at the checkout between 00:00 on 21 September 2015 and 23:59 on 7 October 2015 and you'll be automatically entered into Rugby World Cup 2015 Prize Draw with MasterCard. Prizes: • 1 pair of tickets for Quarter Final 1: (Winner Pool B vs RU Pool A) on Saturday 17th October; and Each winner and his/her guest agree to comply with the terms and conditions applicable to the issue and use of tickets from time to time (as available and set out at https://tickets.rugbyworldcup.com/staticpages/termsandconditions.aspx or such other webpage as determined by Rugby World Cup Limited (“RWCL”) from time to time) and all applicable RWCL, the tournament organiser (England Rugby 2015, “ER2015”) and venue owner or operator rules and regulations relating to access to Rugby World Cup venues and any other areas associated with Rugby World Cup (including any terms of accreditation determined by RWCL). Further each winner and his/her guest acknowledge that he/she may be required to enter into a direct acknowledgement and/or agreement with RWCL and/or ER2015 concerning use of the tickets and compliance with ticket terms and conditions prior to receiving the prize. Winners and/or guests shall not, while using any Rugby World Cup tickets, display or publicize any political slogans or homophobic language, images of a lewd or explicitly sexual nature, images containing logos of competitors and overt brand sponsorship or anything else deemed to be ambush marketing or an abuse of the Rugby World Cup, content which is defamatory, obscene, illegal, vulgar, offensive or otherwise unsuitable or infringes others’ rights (including intellectual property rights) or reflects negatively upon any of RWCL or the Rugby World Cup. Each entrant agrees and acknowledges that any breach of this clause will cause significant damage and loss to RWCL. The Promoter may pass personal information relating to prize winners to RWCL and/or ER1015 (and any of their service providers or agents) for the purposes of monitoring the distribution and use of Rugby World Cup tickets and related experiences and, in the event of a suspected breach of any terms and conditions, rules or regulations of RWCL and/or ER2015 relating to the use of such tickets and/or experiences, investigating and taking action against such winners. This promotion is run by the Promoter with the permission RWCL. Accordingly the Promoter is responsible for the operation of and all matters and concerns relating to the promotion, not RWCL or any other persons involved in the staging of Rugby World Cup 2015 (including ER2015) and World Rugby (formerly the International Rugby Board), all of whom shall not be responsible for or liable to entrants in any way whatsoever in connection with this promotion.
20. Reviews If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant The Hut.com Limited and its sub-licensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to The Hut.com Limited, including the execution of deeds and documents, at the request of The Hut.com Limited. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to The Hut.com Limited: 1. The content and material is accurate; 2. Use of the content and material you supply does not breach any applicable The Hut.com Limited guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify The Hut.com Limited for all claims brought by a third party against The Hut.com Limited arising out of or in connection with a breach of any of these warranties. Winners of the review competition will be notified by email. Failure to respond to our notification email within 20 days will result in the prize being forfeited.
21. Gift Vouchers The MANKIND Gift Voucher can be used to buy any item sold by www.Mankind.co.uk. 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 MANKIND Gift Voucher? - The MANKIND 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.Mankind.co.uk. How do I order a Gift Voucher? - You can add the gift voucher to your shopping basket like any other product by selecting the ‘Add to Basket’ button found on the ‘Buy Now’ tab. Then continue to checkout to complete your order. If you want to purchase more than one Gift Voucher you can increase the item quantity on the basket page or go back to the relevant Gift Voucher product page and add more items to your basket. You can also buy other products at the same time as placing your order for Gift Voucher(s). Gift Vouchers are valued and issued in GBP Pounds. Discount codes cannot be used when purchasing a Gift Voucher. How will I receive a Gift Voucher? - Once your order has been processed and we have taken payment, you will be emailed the electronic Gift Voucher code to the email address where your order confirmation email is also sent. You will not receive anything in the post for Gift Vouchers that you order. How do I give the Gift Voucher to the recipient? - Once you have received the electronic Gift Voucher code you can then forward on this email to the gift recipient, or you can print out the voucher and give it to them. Gift Vouchers are valid for 12 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.Mankind.co.uk. Select the item(s) you wish to order and add them to your basket. To apply your Gift Voucher, enter the electronic voucher code you received in the ‘Discount Code’ box and click the ‘Add’ button. This will then apply the voucher to your order. Then proceed to the Checkout as normal. What are the restrictions? - You can only use one voucher per order and no change will be issued if the full value of the voucher is not used in the order. Gift Vouchers are valid for 12 months from the date of purchase so make sure you remember to redeem your Gift Voucher in time. Gift Vouchers are valued and issued in GBP Pounds. You cannot use your Gift Voucher in conjunction with any other discount code. I have paid for an order using a Gift Voucher. What happens if I want to return my order? - For orders which are refunded, the refund will be issued via the same payment method as used to pay for the order. Therefore if you have paid, or part-paid, for an order using a MANKIND 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 MANKIND Gift Voucher please ask the purchaser if they still have details of your Voucher Code. If not, please ask the purchaser to contact us via firstname.lastname@example.org so that the Gift Voucher can be reissued. 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.Mankind.co.uk. Can I return my Gift Voucher? - Gift Vouchers cannot be returned or refunded, except in accordance with your statutory rights. The value of the gift voucher cannot be converted back to cash.
22. Multibuy Offers This offer applies only to qualifying items listed in the Multibuy area of this Website. Where any goods are returned (except for an exchange where products are faulty/defective), we are entitled to either require the return of all goods delivered as part of that Multibuy offer at your cost or charge you for the goods retained by you at the full price quoted on this site.
23. Gift With Products Promotions 23.1 Where we are offering a free gift with a product, we shall only provide one free gift per transaction (irrespective of how many products are purchased). The free gift is subject to availability and we reserve the right to change the free gift for a gift of equivalent value. 23.2 In order for us to facilitate the provision of a free gift, it may be necessary for us to include the free gift on our site at a nominal value. For the avoidance of doubt, you are not entitled to 'purchase' the free gift without purchasing the product it is provided free with and any attempt to 'purchase' the free gift will be cancelled (notwithstanding any automated communication you may receive acknowledging your order). In the unlikely event that the free gift is despatched to you, you shall be obliged to return the free gift upon written request.