Pure HMV Loyalty Limited - Rewards Club Terms and Conditions

 

We may amend these terms and conditions from time to time and will notify you by posting the amended terms and conditions on www.purehmv.com. Please therefore check them when using your Card.

 

Joining the Rewards Club

1. These terms and conditions (including our Privacy Policy online at www.purehmv.com) set out the terms of the contract between Pure HMV Loyalty Limited (‘purehmv’, ‘us’ or ‘we’) and you the customer relating to your use of the programme under which you can collect and we award points (‘Points’) against certain purchases at HMV stores in the UK (‘HMV Stores’) and other participating retailers (if any) (together ‘Participating Retailers’) mentioned on www.purehmv.com (‘Rewards Club’) which Points can be applied against rewards.

2. You can join the Rewards Club by buying a purehmv card (‘Card’) either in an HMV Store or online. When you buy the Card in-store, the store acts as our agent to sell you the Card and lets us know of your purchase. If you buy the Card in-store, you will then need to register online at www.purehmv.com before you can claim rewards. To buy a Card online, you must apply through www.purehmv.com, and (if your application is accepted), we will then send you the Card by post. We may refuse an application to join the Rewards Club for any good reason. After we have accepted an application, we may terminate the contract and your membership of the Rewards Club as described in clauses 11 and 12.

3. The contract is made between you and purehmv when you purchase the Card in-store or we accept your online application for a Card. By applying for a Card in-store or online, you agree to these terms and conditions (which may be updated from time to time), and which govern your use of the Rewards Club to the exclusion of all other terms and conditions.

4. You must be 16 years of age or over, resident in the UK and register a valid email address to join the Rewards Club.

Membership of the Rewards Club is limited to a maximum of one account per member.

5. Your Card is issued by and remains the property of purehmv. You must return your Card to us on request or destroy it if we so request. You are responsible for the security of your Card and for any transactions and/or redemption of points made using your Card. If you lose your Card or think an unauthorised person has become aware of your Rewards Club online password or if anyone else has used your card you should promptly contact us using the ‘contact us’ details at purehmv.com.

6. To join the Rewards Club you will need to pay the fee indicated at the HMV Store where you buy the Card or on www.purehmv.com. purehmv reserves the right to waive or alter the amount of this joining fee.

7. Your Card is for your personal use. It cannot be transferred and Points cannot be earned or used on your Rewards Account by third parties.

8. The Rewards Club is only for consumer use. The Card cannot be used for any transaction where the beneficiary is a business entity or for any other commercial purposes. Any Points earned on transactions that are not in accordance with any of the above, or which are completed in order to make a financial gain, will be deemed to be in breach of these terms and conditions.

 

Your Rewards Account

9. When we accept your application and you have registered online, a ‘Rewards Account’ will be created in your name to record Points to be earned by you. When we register your membership of the Rewards Club, we will also register you as a customer of the Participating Retailers. This enables us, or our systems, to communicate with the Participating Retailers to load Points to your Rewards Account. 

10. purehmv reserves the right at any time to alter (a) the products included or excluded from the Rewards Club; (b) the products on which Points may be earned; (c) the amount of spend required to earn Points; (d) the number of Points per pence/pound of spend; (e) the number of Points required to get any item on www.purehmv.com; and (f) the Participating Retailers or their number or location. These changes will be posted at www.purehmv.com.

 

Cancellation of your Card and Rewards Account

11. If you breach these terms and conditions, or if you have misrepresented your details when applying for a Card or registering online, or if purehmv reasonably believes that you have breached these terms and conditions, made such a misrepresentation and/or abused the Rewards Club, your Card may be terminated or cancelled, any Points earned but not used may be cancelled and your Rewards Account closed without prior notice. purehmv reserves the right to take any action deemed necessary where a Cardholder is found to have abused the Rewards Club.

12. purehmv reserves the rights to (a) stop issuing Cards at any time; (b) alter or amend the terms and conditions of operation of the Card and/or the Rewards Club; (c) withdraw or cancel the Cards and/or the Points (including the redemption and issue of such), and/or (d) terminate the Rewards Club. We will not do any of the actions mentioned in clause 10(b), (c) or (d) without giving you reasonable notice so that you have reasonable time to claim any Rewards based on your Points.

13. A Cardholder may terminate his/her Card and/or Rewards Account at any time.

 

How to collect and use Points

14. Your Card can be used to earn points only at Participating Retailers in the UK and online at the online stores indicated at www.purehmv.com. 

15. Points expire if your account is inactive for a period of 12 months, however your Rewards Account and Card will remain valid, subject to clauses 25 and 26 below.

16. To collect Points for a transaction in a Participating Retailer's store, you must present your Card at the till at the time of purchase or within 30 days of the date of purchase. In the case of the latter, proof of purchase, using a till receipt, will be required for the Points to be credited via your Rewards Account online at www.purehmv.com. To collect Points for a transaction online with a Participating Retailer, the unique number on your Card must be input at the time of making the online purchase. You cannot claim points on purchases made before you joined the Rewards Club. 

17. Points cannot be earned from the purchase of gift vouchers, gift cards, digital games credit or subscriptions, iTunes gift cards, redemption of purehmv credit rewards, deposits on customer orders, tickets or other items as may be indicated from time to time whether at www.purehmv.com or by the Participating Retailer.

18. Points for goods or services purchased shall be earned at the rates advertised at www.purehmv.com. We reserve the right to vary the rates at any time at our discretion and on reasonable notice to you and to offer bonus Points (additional to the standard rates) on certain products as selected by us from time to time and at our sole discretion.

19. Points will be added to your Rewards Account as soon as practicable, usually within 72 hours of your purchase from the Participating Retailer. Points cannot be used until they have been added to your Rewards Account.

20. You can spend your Points only on www.purehmv.com. No redemptions can be made in-store or direct with Participating Retailers. We reserve the right to amend the time Rewards are made available to members of the Reward Club. The Rewards will change from time to time, will only be available for a limited period of time and are subject to availability. Some Rewards may only be available to persons who are 18 or 21 years and over, and other conditions may apply to Rewards from time to time. Details of each Reward and any special conditions that apply thereto can be found on www.purehmv.com.

21. purehmv only issues Points and Rewards; all goods and services included in the Rewards or against which Rewards may be exchanged are provided by Participating Retailers or other third parties. The operator of HMV Stores and the Participating Retailers or third parties are separate companies from purehmv. Accordingly, purehmv cannot be held responsible for any delays, quality, standard, defects or failures in such goods or services. The Participating Retailer's or third party's terms and conditions will apply to your purchase or order of any goods or services from them.

22. Rewards may include tickets to attend an event organised by us, for example a signing or performance that is arranged in an HMV Store. In this case, purehmv cannot be held responsible if any such event is cancelled due to circumstances which we did not foresee or are beyond our control. Nevertheless, if the event is not run as planned, purehmv is entitled, in its sole discretion to inform the member as soon as possible and offer a full refund of Points if applicable to the individual case, and to withdraw the Reward. Specific terms and conditions shall apply to any member (and where applicable a guest of a member) that attends an event in an HMV Store or other location.

23. Rewards can only be earned by the use of Points. No cash can be used for either full or partial payment for Rewards.

24. All Rewards that are sent by post will be sent to the latest shipping address we have for you. It is important that you keep your Rewards Account details up to date. It may be necessary for us to contact you to arrange a timed delivery or to confirm your details. In these instances, if no response is received within 7 days from the date the order is placed, then purehmv reserve the right to cancel the order and refund your Points.

25. Points and Rewards have no cash redemption value and cannot be exchanged, sold or transferred. Rewards must not be resold. Resale of Rewards will be treated as an abuse of the Rewards Club with the consequences set out in clause 11.

26. purehmv will reverse the associated Points earned if any Participating Retailer informs us that a transaction on which Points are earned is cancelled or reversed. For in-store returns, you must present your Card to the Participating Retailer's sales staff so that the Points awarded can be debited from the Card for the product being returned. For online returns, you must enter or provide your Card details to the Participating Retailer or its online system using the applicable means provided by them, so that the Points awarded can be debited from the Card for the product or service being returned or cancelled. It may not be possible to reverse Points which have been used for a Reward which has been sent to you where the Rewards consist of goods or services (rather than vouchers). purehmv reserves the right to terminate a member’s Card where we reasonably believe this process has been abused.

 

Data Protection and your details

27. These terms and conditions and our Privacy Policy, govern our use of personal data collected from you. Full details of the Privacy Policy can be found at www.purehmv.com.

28. On signing up to the Rewards Club and giving us your personal details, you acknowledge that your details will be used for research purposes relating to the Rewards Club and to operate your Rewards Account and as stated in these terms and conditions and the Privacy Policy.

29. You may opt to receive marketing updates from (i) purehmv and associated HMV companies and (ii) Participating Retailers, and we will send you details of our products and services and/or those of Participating Retailers only where you have given your consent. You can opt-in or out from such communications at any time once registration is complete.

30. We will also use your details from the application form and information on what you buy to help us manage the Rewards Club more effectively. We may share aggregated data with third parties in order to develop and enhance the Rewards Club. This is statistical data which will not include information that could identify any individual.

31. We will share your information with our associated companies and with Participating Retailers and with service providers to the Rewards Club and Participating Retailers who may use your details to help us manage and administer the Rewards Club.

32. It is important that your contact details are kept up to date in order that we can operate the Rewards Club effectively. Please keep your details up to date via your Rewards Account. You can also update your details at any time by contacting us by using the ‘contact us’ details at purehmv.com.

33. Any materials (excluding personal information required to maintain your account) uploaded by you to the purehmv website, including surveys, will be considered non-confidential and non-proprietary, and we reserve the right to use, copy, distribute and disclose to third parties any such material for any purpose whatsoever.

 

Customer Service and Contact

34. The Rewards Club is operated and promoted by Pure HMV Loyalty Limited (company number 08384690), registered office: 80 New Bond Street, London, W1S 1SB, administrative office: Mermaid House, Puddle Dock, Blackfriars, London, EC4V 3DB. 

35. To contact purehmv, please use the ‘contact us’ details at purehmv.com.  

 

Miscellaneous

36. These terms and conditions are governed by the laws of England and the English courts shall have jurisdiction over any disputes arising under or in relation to them and any contract made under them.

37. We have no obligations and you have no rights with regard to the Rewards Club save those set out in these terms and conditions.

38. Participating Retailers are entitled to enforce these terms and conditions, but these terms and conditions and any

contract made under them may be varied or rescinded with the Participating Retailers' consent. Subject to the foregoing, no third party has any rights under any contract made under these terms and conditions.

39. We have made reasonable efforts to ensure that the statements on www.purehmv.com are correct. Without prejudice to the foregoing, we make no representations save those set out in these terms and conditions.

40. Nothing in these terms and conditions limits or excludes our liability for death or personal injury caused by our

negligence or for fraud (including fraudulent misrepresentation).

41. These terms and conditions prevail over any of our other communications and advertising materials.

 

purehmv Credit Reward

42. This reward entitles the purehmv member to credit (‘purehmv credit’) to the value of £5, £10, £20 or £50 (as appropriate) and can be used against all products (except gift vouchers, gift cards, digital games credit or subscriptions, iTunes gift cards, deposits on customer orders or other items as may be indicated from time to time) available in HMV Stores.

43. purehmv credit will expire six months from the date the points are redeemed for such credit at www.purehmv.com.

44. purehmv credit will be transferred onto the purehmv card for redemption in an HMV Store. The HMV Store’s sales staff will give you the choice to use your purehmv credit at the point of purchase. You will not be sent a voucher via post or by email.

45. Only one purehmv credit can be used per transaction.

46. purehmv credit will only be triggered at the till once the purchase amount (exempting all excluded products listed in clause 42) is reached (for example you must spend at least £5 to use a £5 purehmv credit). The value of a purehmv credit must be spent in one transaction and cannot be part spent (for example if you wish to spend £2.50 in store you cannot use a £5 purehmv credit).

47. Points will not be earned on the value of purehmv credit spent in an HMV Store.

48. If a refund is made in an HMV Store when a purehmv credit has been used, the purehmv credit amount will be transferred on to an HMV Store gift card. The balance on the gift card will be redeemable under the terms and conditions of the gift card.

49. purehmv reserves the right to amend the points value required for this reward.

50. This reward is not transferable and no cash alternative is available.