Tesco direct Terms and Conditions
These Terms and Conditions govern your use of the Tesco.com/direct website (the “Tesco direct site”), the terms of any purchases that you make from Tesco via the Tesco direct site, and your relationship with Tesco Stores Limited (“Tesco”, “we” or “us”). Please read them carefully as they affect your rights and liabilities under the law. By using the site and/or registering on the site, you agree to these Terms and Conditions and to our Privacy and Cookies Policy.
How these Terms and Conditions apply to you:
- For all users of the Tesco direct site, Part A of these Terms and Conditions apply.
- If you purchase a product from Tesco, Parts B to E of these Terms and Conditions additionally apply to you.
- If you purchase a product from a Seller at Tesco, the Sellers at Tesco Terms and Conditions additionally apply to you.
In these Terms and Conditions:
- PART A sets out the terms that apply to your use of the Tesco direct site;
- PART B sets out the terms that apply to your purchases of products from Tesco using the Tesco direct site;
- PART C sets out the terms that apply both to your use of the Tesco direct site and your purchase of products from Tesco using the Tesco direct site.
- PART D sets out product specific terms; and
- PART E sets out the terms that apply to your use of eCoupons.
PART A: YOUR USE OF THE TESCO DIRECT SITE
1. BASIS OF USE OF THE TESCO DIRECT SITE
1.1 The Tesco direct site is provided to you free of charge for your personal use subject to these Terms and Conditions and our Privacy and Cookies Policy. By using the Tesco direct site you agree to be bound by these Terms and Conditions and our Privacy and Cookies Policy.
1.2 These Terms and Conditions govern your use of the Tesco direct site in general, the products that you purchase on the Tesco direct site and all services provided in connection with them.
1.3 These Terms and Conditions do not affect your statutory rights.
2.1 To register on the Tesco direct site you must be over eighteen years of age.
2.2 You must ensure that the details provided by you on registration or at any other time are correct and complete.
3. PASSWORD AND SECURITY
3.1 When you register to use the Tesco direct site you will be asked to create a password. You should keep this password confidential and not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your password. If you know or suspect that someone else knows your password you should notify us by contacting customer services immediately (see paragraph 25 below for contact details).
3.2 If Tesco has reason to believe that there is likely to be a breach of security or misuse of the Tesco direct site, we may require you to change your password or we may suspend your account in accordance with paragraph 22 below.
You need to register for and have either a physical Clubcard issued by Tesco (a “Clubcard”) or an electronic Clubcard issued by Tesco (an “e-Clubcard”) to shop at the Tesco direct site.
5. INTELLECTUAL PROPERTY
5.1 The content of the Tesco direct site is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of the Tesco direct site 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 Tesco direct site without written permission from Tesco.
5.2 No licence is granted to you in these Terms and Conditions to use any trademark of Tesco or its affiliated companies.
6.1 You may not use the direct site for any of the purposes set out below (this includes any use by you of the Community sites - see paragraph 7 below for further information about the Community sites):
- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- Gaining unauthorised access to other computer systems;
- Interfering with any other person's use or enjoyment of the Tesco direct site;
- Interfering or disrupting networks or websites connected to the Tesco direct site;
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
- Transmitting material containing any form of advertising or promotion for goods and services, junk mail, chain letters or “spam”;
- Impersonating another person;
- Referring to specific website addresses outside of the Tesco direct site; or
6.2 Tesco reserves the right to refuse to post material on the Tesco direct site or to remove material already posted on the Tesco direct site. You must not try to re-post material, that Tesco has refused to post on the Tesco direct site or has previously been removed from the Tesco direct site.
6.3 You will be responsible for all losses, costs and expenses reasonably incurred by us, all damages awarded against us by a court and all sums paid by us as a result of any settlement agreed by us arising out or in connection with:
- Any claim by any third party that the use of the Tesco direct site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or is in breach of any applicable law, regulation or code of practice; and
- Any claim by any third party that the use of the Tesco direct site by you infringes that third party's copyright or other intellectual property rights of whatever nature.
6.4 By submitting material you are granting Tesco a perpetual, royalty-free, non-exclusive licence to reproduce, modify, translate, make available, distribute and sublicense the material in whole or in part and in any form.
7. USE OF COMMUNITY SITES
7.1 The Tesco direct site includes a number of community sites, which may allow users to interact with each other via message boards, and other user forums (the “Community sites”). Full details about your use of the Community sites can be found on the Community sites' Terms and Conditions page.
7.2 We advise you not to post or in anyway reveal any of your personal details on the Community sites (for example, your address, telephone number or email).
7.3 Tesco does not control or moderate the content placed on the Community sites. However, Tesco reserves the right to refuse to post material, to remove material posted on the Community sites and to contact you in the event that there are concerns about the content you have added to a Community site. Tesco may review or edit the content of the Community sites. Therefore, if you have concerns about any of the content of the Community sites you should contact us by selecting the “report as inappropriate” button. The relevant content may be removed from the Community sites. If we believe that any material placed on the Community sites by you is unlawful, we may contact the relevant authority.
7.4 Tesco makes no representations as to the validity of any opinion, advice, information or statement displayed on the message boards by third parties. You are solely responsible for the content of your messages posted on the message boards and the views expressed by individuals do not represent the views of Tesco.
8. THIRD PARTY WEBSITES
As a convenience to Tesco customers, the Tesco direct site may include links to other websites or material. Tesco is not responsible for any of these websites or material, which is beyond its control.
9. ADVERTISING AND SPONSORSHIP
Part of the Tesco direct site may contain advertising and sponsorship. Third party advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Tesco direct site complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material provided by third parties.
10. AVAILABILITY OF THE TESCO DIRECT SITE
10.1 Although Tesco aims to offer you the best service possible, Tesco cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the customer services (see paragraph 25 below for contact details) or by email at firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can.
10.2 Your access to the Tesco direct site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
11.1 From 31st October 2012, you can collect additional Clubcard points every time when you share your wishlist on Facebook or through the Tesco direct website by email.
11.2 If your friends then purchase an item through your shared wishlist, you will be awarded 1 Clubcard point for every pound they spend on that item.
So, for example, if your shared wishlist includes a toaster for £19.99 and a friend purchases that toaster through your shared wishlist, you'll get 19 Clubcard points.
11.3 Additional points will only be collected on purchases made by your friends via the Tesco direct website referred by a shared wishlist (a 'qualifying order').
11.4 Please note that you will not collect any promotional Clubcard points or special offers, or collect points for non-wishlist items included in a qualifying order.
11.5 If you order from your own shared wishlist, you will collect Clubcard points (including any promotional Clubcard points or special offers) in the normal way. You will not collect any additional Clubcard points.
11.6 We reserve the right to withdraw this offer at any time without prior notice.
11.7 Clubcard points may be retracted in the event of any returned or cancelled orders, including part returns / cancellations.
11.9 You must be a registered member of the Clubcard scheme to qualify for additional points - standard Clubcard terms and conditions apply. Minimum spend to qualify for Clubcard points is £1.
PART B: PURCHASING PRODUCTS FROM THE TESCO DIRECT SITE
12. SPECIFIC PRODUCT TERMS
12.1 The terms in this Part B apply to any purchases that you make on the Tesco direct site.
12.2 Some purchases made on the Tesco direct site will also be governed by specific product terms - please go to PART D of these Terms and Conditions to see if any of the products you are purchasing have additional specific product terms.
13. DESCRIPTIONS AND PRICES OF PRODUCTS
13.1 We have taken care to describe and show products as accurately as possible. Despite this, products may vary from their descriptions. If there is anything that you do not understand, or if you wish to obtain further information, please contact customer services (see paragraph 25 below for contact details).
13.2 If there is a difference between the price for a product in the Tesco direct catalogue and the Tesco direct site, you will be charged the price on the Tesco direct site. The price offered in respect of a product on the Tesco direct 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 direct site or in the Tesco direct catalogue.
13.3 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 product to you. In those circumstances, we reserve the right to cancel your order. In the event we cancel your order, we will give you a full refund on any amount already paid for that product in accordance with our return and refund policy.
13.4 All prices are expressed inclusive of any VAT payable unless otherwise stated.
13.5 The price of a product does not include the delivery charge, which will depend on the delivery method you choose and will be added during checkout. See paragraph 15 below.
14.1 All products advertised are subject to availability or while stocks last (as may be applicable).
14.2 We try to ensure that we always stock the full product range and will let you know if the product is out of stock. If for any reason beyond our reasonable control we are unable to supply a particular product, we will not be liable to you except to ensure that you are not charged for that product.
14.3 In the interests of all our customers, we may place restrictions on bulk buying of some products. If you try to bulk buy products that have bulk buying restrictions you will receive a message telling you to reduce the number of products you're trying to buy.
15. ACCEPTANCE OF ORDERS
15.1 Your order is an offer to buy from us. We will send you an order confirmation email detailing the products you have ordered and an estimated date for delivery or collection in store, as applicable. Please note that this email is not acceptance of your order by Tesco.
15.2 Nothing that we do or say will amount to any acceptance of your offer until we send you an email notifying you that we have despatched a product to you or notifying you when a product will be available to collect in store (as applicable). At this point, a contract will be made between us for you to buy and us to sell the products that you have ordered from us. Where products are despatched or made available to collect in store separately, our acceptance of the order in respect of each product takes place when we notify you by email of such despatch.
15.3 After the time the contract is made, you cannot amend your order (however, you may cancel an order set out in our return and refund policy).
15.4 At any point up until the contract is made, we may decline to supply a product to you. If we decline to supply a 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 return and refund policy.
16.1 Delivery will be made to the address specified when you complete the order. You may choose to collect some products (as indicated on the Tesco direct site) from selected Tesco stores.
16.2 Please note that we only deliver to addresses within England, Scotland, Wales and Northern Ireland.
16.3 We use a variety of delivery methods, depending on the size of the product you order and the speed with which you wish to receive it. For more information on delivery arrangements, times and prices see delivery information. Some products are delivered directly by our supplier and the supplier will contact you to arrange delivery.
16.4 Whilst we make considerable effort to deliver all your products within 30 days of the date of your order, we shall not be liable if we fail to do so in part or in full due to circumstances beyond our control. We shall contact you to let you know if we are having any problems getting a product to you within that time.
17. RETURN AND REFUND POLICY
17.1 For details of how to cancel your order if you change your mind or how to obtain a refund or replacement if your products arrive damaged or are faulty, please refer to our return and refund policy.
18. PAYMENTS AND CARDS
18.1 Payment for your products will be taken at the time your place your order, once we have checked your card details and stock availability. If there is a problem taking payment for all or part of your order we will contact you by email (or by telephone if you have not given us an email address).
18.2 For use of Tesco gift cards, Clubcard vouchers and eCoupons please see paragraph 20 and paragraph 27 below.
18.3 Your credit/debit card details will be encrypted by the Tesco direct site to minimise the possibility of unauthorised access or disclosure.
18.4 When ordering from the Tesco direct site we accept orders only from web browsers that permit communication through Secure Socket Lawyer (SSL) technology, for example a 7.0 version or higher of Internet Explorer, version 3.5 or higher of Firefox, Chrome version 10 or higher and Safari version 5 of higher. This means that you cannot inadvertently place an order through an unsecured connection.
19. FREE GIFTS, PROMOTIONAL PRODUCTS AND ECOUPONS
19.1 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.
19.2 If you change your mind and return your product, you must also return any free gift or promotional product associated with the promotion and received by you as a result of that order. We may charge you a reasonable amount for the free gift if you do not return it.
19.3 We accept Tesco gift cards/moneycards, Clubcard vouchers and eCoupons, subject to these Terms & Conditions and any other specific conditions notified to you on the issue of such gift cards/moneycard, Clubcard vouchers or eCoupons.
19.4 Bonus coupons received with the quarterly Clubcard mailing or handed out in-store, and product or discount coupons issued by manufacturers or promoters cannot be redeemed against purchases from the Tesco direct site.
PART C: YOUR USE OF THE TESCO DIRECT SITE AND PURCHASING PRODUCTS FROM THE TESCO DIRECT SITE
We may update these Terms & Conditions from time to time and any changes will be notified to you via the e-mail address provided by you on registration or via a suitable announcement on the Tesco direct site. The changes will apply to the use of the Tesco direct site after we have given notice. If you do not wish to accept the new Terms and Conditions, you should not continue to use the Tesco direct site (including purchasing any products on the Tesco direct site). If you continue to use the Tesco direct site after the date on which the change comes into effect, your use of the Tesco direct site indicates your agreement to be bound by the new Terms and Conditions.
21. RIGHT TO SUSPEND OR CLOSE YOUR ACCOUNT
21.1 We may suspend or close your account immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions. You will not be able to order products on the Tesco direct site if your account is suspended or closed.
21.2 The suspension or closure of your account and your right to use the Tesco direct site shall not affect either party's existing rights or liabilities.
22. OUR RESPONSIBILITY TO YOU
22.1 The Tesco direct site is provided by Tesco without any warranties or guarantees. You will bear the risks associated with the use of the internet.
22.2 The Tesco direct site provides content from other internet sites or resources and while Tesco tries to ensure that material included on the Tesco direct site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Tesco 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 Tesco direct site. If Tesco is informed of any inaccuracies in the material on the Tesco direct site we will attempt to correct the inaccuracies as soon as we reasonably can.
22.3 In particular, we disclaim all liabilities in connection with the following:
- Incompatibility of the Tesco direct site with any of your equipment, software or telecommunications links; and
- Technical problems including errors or interruptions of the Tesco direct site.
22.4 If we are in breach of these Terms and Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you order the relevant product or the time you otherwise use the Tesco direct site.
22.5 Because we sell products for personal use only our responsibility to you shall not include any business losses such as lost data, lost profits, lost sales or business interruption.
22.6 This paragraph 23 does not limit or affect our responsibility to you if something we do negligently causes death or personal injury.
23.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
23.2 If you breach these Terms and Conditions and we choose to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach these Terms and Conditions.
23.3 Neither party shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond that party's control.
23.4 Except as expressly set out in these Terms and Conditions, all use of your personal information will be made in accordance with our Privacy and Cookies Policy.
23.5 These Terms and Conditions are subject to English law. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so in England, Scotland, Wales or Northern Ireland.
24. CUSTOMER SERVICES
If you have any queries, please contact us online or via telephone:
- For electrical products please call 0800 323 4060;
- For mobile phones please call 0845 300 6660;
- For all other products please call 0800 323 4050.
PART D: SPECIFIC PRODUCT TERMS
25.1 Some books are available for pre-order before their publication date. The price you pay for a pre-order title will not increase on publication from the pre-order price.
25.2 If you order books with multiple publication dates in the same basket, we hold the despatch of your books until the last book is available. You can choose to have the books that are ready first to be despatched first. There is no delivery charge if you choose standard delivery but there is a charge for any other type of delivery at the then prevailing rate.
26.1 Payment for pre-orders - Payment for pre-order titles will be taken at the time you place your order. In the event that the price of the title on its release is higher than the price you paid, we guarantee you will only pay the lower price. If the price of the title on its release is lower than the price you paid, we guarantee you will be refunded the difference. This is to ensure you benefit from the best price. Where applicable, we will process any refund on the title's release date and it should be credited to your payment card within three to five working days. See our help pages for more information.
26.2 Delivery of pre-order titles - As long as you place your order for any title at least 3 days before its release date, we will endeavour to deliver it to you on its release date.
26.3 - Buy physical, get digital - With a purchase of physical DVDs, we may offer free or discounted digital versions or digital rental version of the product you have purchased via blinkbox. Any such promotion or offer will be governed by the specific terms attached to the sale of the product, provided that (and unless otherwise stated on the product or notified to you): (i) you must have a Tesco Clubcard to benefit from the promotion (ii) you will only be entitled to redeem the offer or promotional copy of the digital version or digital rental version via blinkbox within 12 months of the date of purchase (or within such other period as we may notify) (iii) you must register with blinkbox in order to redeem your digital version and no payment is required for this(iv) you must satisfy any requirements that blinkbox may have in relation to the redemption of the offer.
26.4 Bulk buy policy - In the interests of all our customers, we place restrictions on bulk buying our products. This limits you to buying 10 of an item per order, and up to 20 of an item over a rolling 28 day period.
PART E: ECOUPONS
27. STANDARD ECOUPON TERMS & CONDITIONS
27.1 Using eCoupons
- In addition to the rest of these Terms and Conditions, this paragraph 26 (the “eCoupon Terms and Conditions”) applies specifically in addition to the use of electronic coupons issued by Tesco (“eCoupons”).
- eCoupons can only be used on the Tesco direct site subject to these Terms and Conditions, and any other specific conditions notified to you on the issue of an eCoupon. No eCoupon is redeemable through any website owned or operated by Tesco Stores Limited or any other Tesco store other than the Tesco direct site (for instance, eCoupons cannot be used for purchases from the Tesco Outlet eBay store). Additionally, eCoupons cannot be redeemed from the Tesco Jersey online store.
- An eCoupon is redeemed by entering its code at the appropriate point in the online purchase process. Redemption may be subject to you providing proof of entitlement to use the eCoupon.
- Your use of an eCoupon indicates your agreement to be bound by the eCoupon Terms and Conditions.
- Tesco reserves the right to withdraw or cancel an eCoupon for any reason at any time.
27.2 Distribution of eCoupons
- eCoupons are, and remain at all times, the property of Tesco.
- The right to use an eCoupon is personal to the original recipient and may not be transferred. No eCoupon may be copied, reproduced, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the original recipient, or stored in a data retrieval system, without the prior written permission of Tesco.
- eCoupons distributed or circulated without the written approval of Tesco, for example on an Internet message board or on a “bargains” website, are not valid for use and may be refused or cancelled.
27.3 Permitted usage of eCoupons
- Unless expressly stated otherwise at the time of issue of the eCoupon:
- Each issued eCoupon will be valid for use by a recipient only once;
- Only one eCoupon will be valid for use per customer or household, as the case may be; and
- An eCoupon may not be used in conjunction with any other special offer or eCoupon.
- Even where eCoupons expressly state at the time of issue that they may be used in conjunction with other eCoupons or offers, any eCoupon code beginning XX may not be used in conjunction with any other eCoupon code that also begins XX.
- Even where eCoupons expressly state at the time of issue that they may be used in conjunction with other eCoupons or offers, any eCoupon code beginning TDX may not be used in conjunction with any other eCoupon code that also begins TDX.
- eCoupons cannot be exchanged for cash or used to purchase gift-vouchers.
27.4 Excluded goods and services
- Certain goods or services are excluded from all eCoupon offers. These include tobacco, infant formula milk and prescription medicines. From time to time other goods or services may be excluded and any such further exclusion will be notified to you along with the eCoupon or through the Tesco direct site.
- eCoupons may be limited to redemption in respect of certain products or services or certain products or services may be excluded from the ambit of use of the eCoupon, in which case notice will be given to you at the time of issue of the eCoupon.
- Excluded goods and services will not count towards any qualifying conditions for offers and will not benefit from any promotional discount.
27.5 Minimum spend requirements
- Where the redemption of an eCoupon is subject to a minimum spending requirement, the redemption is only permitted in respect of the purchase of qualifying products that will be communicated to you at the time of issue of the eCoupon. Excluded products and supplementary charges, such as delivery, gift wrap or postage & packing, shall not count towards a minimum spending requirement.
- If more than one minimum spend offer is valid for use in an order, there must be sufficient qualifying spend to meet the requirements of each offer in total. For example, to use a £3 off £30 eCoupon and a £5 off £50 eCoupon in the same transaction (assuming that these eCoupons can be used together), you must spend at least £80.
27.6 Calculation of discount
- Where an online offer states that a percentage discount will be given on a purchase, the cost of the qualifying purchases will be reduced by the stated discount percentage.
- Where purchases are stated to be offered on a “VAT-free” basis, the prices of qualifying products will be reduced by the equivalent of VAT. At the current VAT rate of 20%, this equates to a discount of 16.67%.
- Supplementary charges such as delivery or postage & packing shall not be discounted unless specifically stated in the offer description.
27.7 Security and Fraud
- When you use an eCoupon you warrant to Tesco that you are the duly authorised recipient of the eCoupon and that you are using it in good faith.
- If you redeem, attempt to redeem or encourage the redemption of eCoupons to obtain discounts to which you or a third party are not entitled you may be committing a civil or criminal offence.
- If we reasonably believe that any eCoupon is being used unlawfully or illegally we may reject or cancel any eCoupon and you agree that you will have no claim against us in respect of any rejection or cancellation. Tesco reserves the right to take any further action it deems appropriate in such instances.
- If we refuse an eCoupon submitted as part of an order, for any reason, we will inform you before the order is despatched to advise of the correct cost of the order and give you the opportunity to cancel the order.
27.8 Limitation of liability
- Orders submitted with eCoupons shall be accepted by Tesco in the usual way (as set out in paragraph 20 above).
- Tesco shall not be liable to any customer or household for any financial loss arising out of the refusal, cancellation or withdrawal of any eCoupon or any failure or inability of a customer or household to use an e-Coupon for any reason.
We reserve the right to vary or terminate the operation of any eCoupon at any time without notice.
The Tesco direct site is owned and operated by Tesco Stores Limited, trading under various names including Tesco direct, a company registered in England whose registered office is at Tesco House, Delamare Road, Cheshunt, Hertfordshire EN8 9SL, with Company Registration No. 519500 and VAT No. GB220 4302 31.
Last updated 12/07/2012