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Products
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Terms and Conditions
Please read these terms and conditions before you proceed, these terms and conditions shall apply to your use of:
1. The V Channel located at Sky Digital 664 and its related websites (“Sites”); (together comprising the “Services") ;
Our terms and conditions are divided into four parts as follows:
1. Part A sets out the general terms and conditions which apply to all Services provided by us;
2. Part B sets out the additional terms and conditions that apply to the Auction Shopping Services and;
3. Part C sets out the additional terms and conditions that apply to the General Shopping Services; together the "Terms").
4. Part D sets out the additional terms and conditions that apply to the Random Price Shopping Services.
Definitions
"Auction" means the specific interactive auction format described in these Terms;
"Presenter" means the on-air television presenter of the Auction;
"Auction Shopping Services" means the interactive auction shopping services accessed via the Services and our online Internet site;
"Bid" means a proposal by a specific Bidder to pay a specific Bid Amount for Goods on auction in an Auction;
"Bid Amount" means a value in British Pound Sterling (& pound) that may be proposed in one or more Bids;
"Bidder" means a person who submits a Bid;
"General Shopping Services" means the interactive home shopping services employing flat or standard pricing rather than the Auction Shopping Services or Random Price Shopping Services accessed via the Site;
“Random Price Shopping Services” means the random priced shopping services accessed via the Services and our online Internet Site;
"Goods" means electrical products, fashion items, health and beauty products, jewellery, timepieces, memorabilia and other products offered for sale or at auction on the Site;
"Order" means an order to buy Goods offered for sale as part of Our General Shopping Services under Part C of these Terms;
"Services" means the Auction Shopping Services Random Price Shopping Services and the General Shopping Services provided by us.
"Us/We" means Beverly Hills TV and "Our" shall be interpreted accordingly;
"User" means a user of the Site;
"VAT" means United Kingdom value added tax or any similar tax from time to time replacing it or performing a similar fiscal function;
"Website" means a site other than our Site;
"You" means You, the User of the Site and "Your" shall be interpreted accordingly.
Part A - General Terms
The Terms contained in Part A apply to all the Services provided by us. These
Terms should be read in conjunction with the additional Terms set out in Parts B, C and D below.
A.1 Services
The Services are a place for you to either place a Bid for or an Order for Goods offered for sale by us online or via telephone and SMS text.
A.2 Participation and eligibility
A.2.1 Only adults (i.e. those aged 18 or over), can enter into legally binding contracts. If you are under 18 years old you are not entitled to use the Services. Any other individuals who are unable to form legally binding contracts are also prohibited from using the Services. If you do not qualify under these Terms please do not use the Services. By bidding for or placing an Order for Goods, you are making a statement that you are aged 18 years or over and are capable of forming a legally binding contract. We are entitled to rely upon this statement.
A.2.2 We reserve the right to refuse you access to the Services if we find that your conduct on the Site is unlawful or illegal or in substantial breach of these Terms. We shall at all times use our reasonable discretion when making such decisions.
A.3 Information you provide to us;
A.3.1 None of the information you provide to us nor any of your activities or
behaviour on the Site must:
A.3.1.1 be false, inaccurate or misleading;
A.3.1.2 infringe any third party's rights;
A.3.1.3 contain any computer viruses, macro viruses, Trojan horses, worms or
anything else designed to maliciously interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept access without authority or expropriate any system, data or personal information;
A.3.1.4 link to any other Websites;
A.3.1.5 be fraudulent;
A.3.1.6 cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site to be in any way impaired.
A.3.2 Without limiting the above, all information You provide to Us shall be
accurate and complete and all Your registration details shall contain Your correct name, address, credit/debit card number and other requested details.
A.4 Security
A.4.1 You are solely responsible in all respects for all actions taken under Your e-mail, user verification number and password ("User ID") and shall only access and utilise the Site or Services using Your own User ID. You must use every effort to protect the confidentiality of Your User ID. You must not share, disclose or transfer Your User ID to any other person. You must notify Us of any unauthorised use of Your User ID or any other breach of security regarding the Services as soon as reasonably practicable after becoming aware of such unauthorised use or breach of security.
A.4.2 We use third party payment service providers for the acceptance of payments for Goods. While we have endeavoured to ensure that due care is exercised in handling credit/debit card information, We will not be liable for any compromise or misuse of this information, irrespective of whether or not the credit/debit cards were reported stolen, unless it can be shown to be as a direct result of Our negligence.
A.5 Processing of Orders
We will process all Orders with reasonable care and skill. We accept no responsibility for any loss that may be suffered by You resulting from any failure by Us to process Your Order except for those losses which are a reasonable and foreseeable consequence of the failure by Us to process Your Order. Losses are foreseeable if they could be contemplated by You and Us at the time the Goods were ordered.
A.6 Refusal or rejection of Orders
A.6.1 We may in Our reasonable discretion refuse or reject any Order made by You
if:
A.6.1.1 You provide false or non-existent information of the following type when registering with Us: name, contact telephone number, email address, credit/debit card details;
A.6.1.2 Your bank or other credit institution rejects or reverses Your credit/debit card
transaction for payment of the Goods You ordered;
A.6.1.3 You breach any other of these Terms.
A.7 Retraction of Orders
You may not retract Your Order except in limited circumstances set out in law, for example where We have materially changed the description of the Goods concerned.
A.8 Payment
A.8.1 Payment for Goods You have successfully bid for or ordered must be made by valid credit/debit card and You are responsible for ensuring that You have sufficient funds or credit on Your card to cover the cost of Your Bid or Order. If We experience problems in processing Your payment and are unable to contact You within 5 days after You have placed Your Bid or Order We are entitled to offer the Goods for resale.
A.8.2 The sale price for the Goods or the amount of any successful Bid will be inclusive of VAT (if any) but will be exclusive of insurance, postage and packing to the cardholder's registered address. The cost of insurance, postage and packing will be payable in addition to the sale price/successful Bid price for the Goods. The relevant price for delivery within the UK mainland and the Channel Islands ("Delivery Area") will be displayed on the Site and will be included on Your creditcard/debit card statement. If your card is registered to an address outside the Delivery Area You will be charged for the additional costs of delivery to Your registered address. Any such additional charges will be notified to You and agreed with You in advance of despatch. Please note that We will not be liable for any duty or seizure costs incurred during international delivery.
A.9 Cancellation of Orders by Us
A.9.1 We reserve the right to cancel Your Order if:
A.9.1.1 A force majeure event occurs that prevents Us from delivering the Goods You have ordered; or
A.9.1.2 We do not deliver to Your area;
A.9.1.3 one or more of the Goods You ordered was listed at an incorrect price
due to a typographical error or an error in the pricing information received by Us from Our suppliers.
A.9.2 If We do cancel Your Order We will notify You by telephone and re-credit to Your account any sum deducted by Us from Your credit/debit card as soon as possible but in any event within 30 days of Your placing an Order. We will not be obliged to offer any additional compensation for disappointment suffered.
A.10 Availability of the Services
Due to the nature of the Internet, We do not promise full and error free access to the Services at all times. We shall not be liable for any problems preventing the placing of Orders or submission of Bids for any reason, including but not limited to an overload of the telephone service centre, any kind of technical problems or problems with the Internet, unless it can be shown to be as a direct result of Our negligence.
A.11 Termination
A.11.1 We may use Our reasonable discretion to issue a warning, temporarily suspend, indefinitely suspend or terminate Your rights to use the Services if You:
A.11.1.1 act inconsistently and in breach of these Terms;
A.11.1.2 at any time violate or attempt to violate any rights of any other User or a third party;
A.11.1.3 engage in any fraudulent activity;
A.11.1.4 fail to make any payments due to Us in accordance with these Terms;
A.11.1.5 act in any other way that makes Us reasonably suspicious of You.
A.12 Compliance with laws
You agree to comply with all applicable laws, statutes and regulations concerning Your use of the Services.
A.13 Liability
A.13.1 We shall be liable for any fraudulent misrepresentations made by Us and for any death or personal injury caused by Our negligence. We shall not be responsible or liable to You for any other loss or damage that You or any third party may suffer as a result of using the Services.
A.13.2 To the extent permitted by law We make no representations or warranties
of any kind as to the accuracy, completeness or suitability for any purpose of the information and related graphics contained on the Site. The Site may from time to time contain technical inaccuracies or typographical errors. We shall not be responsible for any such inaccuracies or errors.
A.13.3 We will not be liable to You for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out
of any negligence or breach of these Terms or otherwise).
A.13.4 Without limiting the preceding Term, Our liability under these Terms (whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal to the sums paid or payable by or to You for Goods to which such liability relates, regardless of the cause or form of action, save for that referred to in Term A.13.1.
A.14 Intellectual property
All copyright, trade marks and all other intellectual property rights in all material or content found on the Site ("Intellectual Property") shall remain at all times vested in Us or Our licensors. You are not permitted to use any of the Intellectual Property. You will not assist or facilitate any third party to copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of the Intellectual Property.
A.15 Right to cancel
A.15.1 You have an unconditional right to cancel Your contract to purchase the Goods without any reason provided You notify Us in writing within ten (10) working days after
receiving the Goods that You wish to cancel the contract ("Notice of Cancellation").
A.15.2 You should give Your Notice of Cancellation to Us by using one of the
following methods:
A.15.2.1 calling our service center and speaking with one of our customer care representatives who will then provide a cancellation number:
A.15.2.2 sending it by electronic mail to one of the following email addresses: info@bhtv.la
A.15.3 For the avoidance of doubt the period during which You can cancel the contract for the purchase of the Goods for no reason starts when the contract comes into existence and ends ten (10) working days after the day You receive the Goods (not including the day of delivery).
A.16 Effect of cancellation under Term A.15.1 before the Goods are delivered
A.16.1 On the cancellation of a contract under Term A.15.1 before the Goods are
delivered to You We shall reimburse any sum paid by You under or in relation to the contract to You free of any charge.
A.16.2 We shall make the reimbursement referred to in Term A.15.1 as soon as
possible and in any case within a period not exceeding 30 days beginning with the day on which the Notice of Cancellation was given.
A.17 Effect of cancellation under Term A.15.1 after the Goods are delivered
A.17.1 On the cancellation of a contract under Term A.15.1 after You have
acquired possession of the Goods under the contract You shall be treated as being under a duty throughout the period from the date of delivery until ten (10) days after the day Notice of Cancellation was given:
A.17.1.1 to retain possession of the Goods; and
A.17.1.2 to take reasonable care of them.
A.17.2 On cancellation, You shall be under a duty to deliver the Goods to Us at your expense if We so request in writing although We may collect the Goods from Your premises (unless otherwise agreed).
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A.17.3 If We collect the Goods (whether at Your own premises or elsewhere) or
You send the Goods to Us at Your own expense by recorded delivery (taking reasonable care to ensure that We receive them and that they are not damaged in transit) You shall have no further duty in relation to the Goods.
A.17.4 If at any time during the period of ten (10) days beginning with the day Notice
of Cancellation was given, You receive a request as is mentioned in Term A.17.2 and You unreasonably refuse or unreasonably fail to comply with it, Your duty to retain possession and take reasonable care of the Goods shall continue until You deliver or send the Goods to Us by recorded delivery as mentioned in Term A.17.3.
A.17.5 We shall refund any sum paid by You under or in relation to the contract to You less all charges for postage and packing as soon as possible but in any event within a period not exceeding thirty (30) days beginning with the day on which the Notice of Cancellation was given unless You have:
A.17.5.1 used the Goods following the Notice of Cancellation;
A.17.5.2 tried to resize, retrofit or repair the Goods in any way;
A.17.5.3 unreasonably refused or unreasonably failed to comply with Our request
to deliver the Goods to Us given under Term 17.2.
A.18 Goods which do not correspond with their description or are damaged,
faulty, defective or not fit for their purpose
A.18.1 If the Goods We deliver:
A.18.1.1 do not correspond with their description given at the time of sale; or
A.18.1.2 are damaged, faulty, defective or not fit for their purpose in any way,
You must tell Us about the problem AS SOON AS REASONABLY POSSIBLE AFTER DELIVERY OF THE GOODS HAS TAKEN PLACE.
A.18.2 You will usually be offered an exchange, subject to availability.
A.18.3 If You do not want an exchange We will give You a full refund for the
Goods. Our operators will process Your refund within thirty (30) days of receiving the returned Goods.
A.18.4 Where Goods are damaged or faulty the return carriage costs will be borne
by Us.
A.19 Performance
A.19.1 Unless agreed otherwise, We shall deliver the Goods purchased by You on
the Services within a maximum of thirty (30) days beginning with the day
after the day You ordered or placed a successful Bid for the Goods. We will only charge your credit card/debit card upon confirmation that Your order is shipping from our fulfillment centre.
A.19.2 Where We are unable to perform the contract because the Goods You placed
a successful Bid for or ordered are not available due to some unforeseen force majeure outside our control, within the period for performance referred to in Term A.15.1 or such other period as You and Us agree ("Period for Performance"), We shall:
A.19.2.1 inform You; and
A.19.2.2 reimburse any sum paid by You under or in relation to the contract to
You.
A.19.3 We shall make the reimbursement referred to in Term A.19.2.2 as soon as
possible and in any event within a period of thirty (30) days beginning with the day after the day on which the Period for Performance expired. Any making good replacement of goods or repair of goods should be done as soon as practically possible. We shall make a reimbursement (if any) as soon as possible and in any event within a period of thirty (30) days beginning with the day after the day on which the Period for Performance expired.
A.19.4 A contract which has not been performed within the Period for Performance
shall be treated as if it had not been made, save for any rights or remedies which You may have under it as a result of the non-performance.
A.20 Non-delivery of Goods
A.20.1 All claims for non-delivery of Goods must be notified to Us as soon as
reasonably possible after the anticipated delivery date.
A.20.2 If You notify a problem to Us under Term A.20.1 Our only obligation will
be at Your option:
A.20.2.1 to make good any shortage or non-delivery; or
A.20.2.2 to replace or repair any Goods that are damaged or defective; or
A.20.2.3 to refund the amount You paid for the Goods in whatever way We choose.
A.21 Privacy policy
We comply with the provisions of the Data Protection Act 1998 in respect of
processing personal information relating to You gathered by Us. We take privacy issues seriously. Our current privacy policy covers Our use of any information provided by You. You acknowledge and agree to be bound by the terms of Our privacy policy.
A.22 Notices
A.22.1 Except as otherwise stated in these Terms any notices You may need to
send to Us should be e-mailed to either:
A.22.1.1 Beverly Hills TV at support@bhtv.la; or
A.22.2 Any notices that We may need to draw to Your attention will be displayed
on either the Services.
A.23 Invalidity
If any court or regulator decides that any provision of these Terms is invalid
or otherwise unenforceable, such provision shall be severed and deleted from these Terms and the remainder of these Terms shall continue to have full force and effect.
A.24 No assignment
No assignment by You of Your rights or obligations under these Terms shall be
valid unless expressly agreed in writing by Us beforehand.
A.25 Rights of third parties
A person who is not a party to these Terms has no right under the Contracts
(Rights of Third Parties) Act 1999 to enforce any term of these Terms but this does not affect any right or remedy of a third party specified in these Terms or which exists or is available apart from that Act.
A.26 Applicable law
These Terms (and any dispute, controversy, proceedings or claim of whatever
nature in relation to them) shall be governed and interpreted in accordance with relevant United Kingdom law and the relevant courts of the United Kingdom shall have exclusive jurisdiction in relation to these Terms.
A.27 Entire agreement
These Terms together with any document expressly referred to in them and any
statements made by the Presenter on air constitute the entire agreement and understanding between You and Us and supersede any previous agreements, arrangements, undertakings or proposals written or oral between You and Us including any statements made to You by any person including (without limitation) any of Our employees or agents in relation to the subject matter of these Terms. Nothing in this Term shall, however, operate to limit or exclude any liability for fraud.
PART B Additional Terms governing Auctions
These Terms apply to all Auction Shopping Services provided by Us and should be
read in conjunction with Part A (General Terms) above.
B.1 Reserves/minimum Bids
We are entitled to set a reserve or minimum Bid amount depending on which Goods are being auctioned at an Auction. We are entitled to change the reserve or minimum Bid amount up until the moment the auction commences.
B.2 Processing of Bids
If You make a Bid We will process Your Bid with reasonable care and skill but We
accept no responsibility for any loss that may be suffered by You resulting from any
failure by Us to process Your Bid for whatever reason.
B.3 Closure, extension or cancellation of Auctions
We reserve the right to close an Auction early or to extend an Auction at
any time. We will notify You via the Site if any of the Auctions are
cancelled (although no liability can be accepted by Us for any failure to notify You of such cancellation).
B.4 Warranty
Your placing of a Bid entitles Us to rely on Your Bid and as a result You warrant and undertake to Us that You have the legal right to make such a Bid and to enter into any such related transaction.
B.5 Refusal or rejection of Bids
B.5.1 We may in Our reasonable discretion refuse or reject any Bid made by You
if:
B.5.1.1 You provide false or non-existent information of the following type when
placing a Bid: name, contact telephone number, email address, credit/debit card details;
B.5.1.2 Your bank or other credit institution rejects or reverses Your credit/debit card
transaction for the payment of the Goods that were auctioned;
B.5.1.3 You breach any other of these Terms;
B.5.1.4 Your Bid is lower than the reserve.
B.6 Retraction of Bids
You may retract Your Bid at any time up until We announce that the sale by
auction has ended.
B.7 Currency
All Auctions will be conducted in pound sterling unless You are
notified otherwise. We may provide a conversion rate (for information purposes only) into Euros but no liability will be accepted by Us for the accuracy of such information. The currency conversion service will be provided by Us with reasonable care and skill.
B.8 Bids that lapse
If Your Bid is followed by a higher Bid, Your Bid will lapse.
B.9 Identical Goods being auctioned
Where an Auction includes identical Goods (and where the Goods are
not being sold together as one lot) the winning Bids will constitute the top "x" highest Bids on the closure of the Auction (and which meet the reserve price (if any), and those conditions that may be specific to that Auction) where x is equal to the number of Goods available. If more than one Bidder bids the same amount as the lowest winning Bid the successful Bidder will be the first Bidder to have made his or her Bid for that amount.
B.10 Winning Bids
The winning Bid will be the highest Bid that exceeds the reserve price (if any)
and meets any conditions that may be specific to each Auction, when the auction is concluded. At this point a contract shall be formed.
B.11 Confirmation
B.11.1 If Your Bid is the highest Bid You will be contacted by Us to confirm the
amount of Your successful Bid.
B.11.2 When We contact You We will also:
B.11.2.1 confirm the details of the Goods You have placed a successful Bid for;
B.11.2.2 take payment from You for the Goods either by credit or debit card;
B.11.2.3 take down details of Your address and discuss the arrangements for delivery of the Goods to You;
B.11.2.4 inform You of any delivery costs (including insurance and posting and packing);
B.11.2.5 inform You of the existence of Your right to cancel the contract for the purchase of the Goods in accordance with Term A.15.1; and
B.11.2.6 provide You with Our address to which You can address any complaints.
B.11.3 We will also write to You to confirm the information outlined in Term B.11.2.
B.12 Our right to re-auction Goods
We reserve the right to re-auction any Goods not paid for in full by You within
five days of the close of the particular Auction in which You successfully placed a Bid.
B.13 Acceptance of these Terms by You
By participating in an Auction You agree to be bound by these
Terms. If You do not wish to be bound by these Terms, You should not participate in an Auction.
B.14 Auctions (Bidding Agreements) Acts 1927 and 1969
Please note that copies of the Auctions (Bidding Agreements) Acts 1927 and 1969
are held at Our place of business.
Part C Additional Terms governing General Shopping Services
These Terms apply to all General Shopping Services provided by Us and should be read in conjunction with Part A (General Terms) above.
C.1 Currency
Our prices for Goods offered for sale as part of Our General Shopping Services
(other than Goods being auctioned at Auctions) are displayed on the Site. All such Goods will be priced and sold in pound sterling unless You are notified otherwise. We may provide a conversion rate (for information purposes only) into Euros but no liability will be accepted by Us for the accuracy of such information. The currency conversion service will be provided by Us with reasonable care and skill.
C.2 Warranty
Your placement of an Order entitles Us to rely on Your Order and as a result You
warrant and undertake to Us that You have the legal right to enter into a sale transaction for the Goods.
C.3 Acceptance of these Terms by You
Every Order made by You constitutes an acceptance of these Terms and shall be
binding on You.
C.4 Our acceptance of Your Order
We must receive payment of the whole of the price for the Goods that You order
(including delivery charges) before Your Order can be accepted. On receipt by Us of Your payment for the Goods a contract shall be formed.
C.5 Notification of cancellation
If We do cancel Your Order We will notify You by telephone and re-credit to Your
account any sum deducted by Us from Your credit/debit card as soon as possible but in any even within thirty (30) days of Your placing an Order. We will not be obliged to offer any additional compensation for disappointment suffered.
PART D Additional Terms governing Random Price Shopping Services
These Terms apply to all Random Price Shopping Services provided by Us and should
be read in conjunction with Part A (General Terms) above.
D.1 Participation
If You wish to participate in a Random Price Auction then You should call the telephone number displayed on the Shopping services.
D.2 Reserves/minimum and maximum Random Price Auction Amounts
We may use Our reasonable discretion to set a reserve or minimum or maximum
Random Price Auction Amount depending on which Goods are being sold in a particular Random Price Auction. We are entitled to change the reserve or minimum or maximum Random Price Auction amount up until the moment the Random Price Auction commences.
D.3 Closure, extension or cancellation of Random Price Auction
We reserve the right to close a Random Price Auction early or to extend a Random Price Auction at any time. The Presenter will notify You via the television screen if any of the Random Price Auctions are cancelled (although no liability can be accepted by Us for any failure to notify You of such cancellation).
D.4 Currency
All Random Price Auction will be conducted in British pound sterling unless You are notified otherwise.
D.5 Warranty
Your placing of a bid entitles Us to rely on Your Order and as a result You
warrant and undertake to Us that You have the legal right to enter into a sale transaction for the Goods.
D.6 Acceptance of these Terms by You
By participating in a Random Price Auction You agree to be bound by these Terms. If You do not wish to be bound by these Terms, You should not participate in the Random Price Auction.
D.7 Formation of a legally binding contract
A legally binding contract for the sale of Goods by Us to a Chase Participant
shall be formed upon the Random Price Auction Participant making a bid.
D.8 Confirmation
D.8.1 If You are NOT already registered with Us once You have made a bid someone
from Our customer call centre will telephone You to:
D.8.1.1 confirm the details of the Goods You have ordered;
D.8.1.2 take payment from You for the Goods either by credit or debit card;
D.8.1.3 take down details of Your address and discuss the arrangements for
delivery;
D.8.1.4 inform You of any delivery costs (including insurance and posting and packing);
D.8.1.5 inform You of the existence of Your right to cancel the contract for the purchase of the Goods in accordance with Term A.15.1; and
D.8.1.6 provide You with Our address to which You can address any complaints.
D.8.2 We will also write to You to confirm the information outlined in Term D.8.1.
D.8.3 If You ARE already registered with Us, once You have made a Hit:
D.8.3.1 We will automatically debit the Chase Amount from Your registered
credit/debit card; and
D.8.3.2 We will write to You to confirm the following information:
(a) a description of the main characteristics of the Goods You have purchased;
(b) the Bid Amount for the Goods You have purchased;
(c) the arrangements for delivery and the delivery costs for the Goods
(including insurance and posting and packing);
(d) the existence of Your right to cancel the contract for the purchase of the
Goods in accordance with Term A.15.1;
(e) Our contact details to which You can address any complaints.
D.9 Accuracy of images used by Us during a Random Price Auction
Images used by Us during a Random Price Auction are as accurate as to colour and size as a television screen reproduction will allow.
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