Wizarding World Gold – Terms of Purchase (UK) - Effective October 2019
Effective date: October 14, 2019
Welcome to Wizarding World Gold (“Gold”). Thank you for your interest in subscribing for Gold membership, a service provided by us, Wizarding World Digital LLC.
At present, Gold is only offered to residents of the UK or the USA. These terms apply if you are a consumer residing in the UK. If you reside in the USA, the Terms of Purchase for US residents govern your Gold purchase.
If you are making a Gold purchase, please read these terms carefully. THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND INCLUDE CERTAIN LIMITATIONS OF LIABILITY.
By placing a Gold order:
If you do not wish to be bound by this contract, please do not place a Gold order.
Terms of Purchase – Contents To navigate, you can click on the topic below that interests you.
- About us
- Hardware and software requirements
- Access to Gold
- Gold orders and purchases
- Duration of Gold subscription
- Pricing and charges
- Order process
- Payment methods
- Payment failures
- Codes and gifts
- Use of Gold benefits
- Changes to your Gold package, a Gold-related item or these terms
- Customer complaints
- Our rights of termination or suspension
- Your cancellation and termination rights
- Your other legal rights
- Limitations of liability
- Governing law and dispute resolution
- Other important terms
- Contact us
Our Gold membership package includes access to ebooks of the original Harry Potter stories, a welcome pack and the various other services, items of content, products and other features and benefits described on our Learn about Gold page (the “Gold benefits”). The Gold benefits are subject to change from time to time: please see section 13 below for further details.
From time to time, a Gold subscription may provide you with access to selected third-party services, items of content, products and/or other features (“third-party services”). Your use of any such third-party services will be governed by their terms and conditions.
In addition to these terms, you may also be subject to individual offer terms that apply to any special offer (such as an upgrade, discount or additional product) that you choose as part of, or during, your Gold subscription (“special offer”), and those special offer terms (including any limitation of period during which a discount would apply) will form part of these terms. Any such special offer terms will be made available to you when you choose the special offer concerned. We reserve the right to modify, limit, restrict or terminate special offers at any time before purchase, without notice and in our sole discretion.
If you purchase Gold, then after you have activated your subscription (and after any relevant pre-order period has finished) you can check the main details of your subscription at any time by visiting our service and accessing the settings section in your Wizarding Passport.
Any image of any Gold benefit, third-party service or special offer on our website is provided for illustrative purposes only. Although we will endeavor to depict the item accurately, we cannot guarantee that a device’s display of the item will accurately reflect the appearance of the item. So your order may vary slightly from that image. For an item of goods, the packaging of the product may vary from that shown in images on our website.
If we accept your order, your Gold contract will be with Wizarding World Digital LLC, a limited liability company formed and registered in the State of Delaware, whose registered office is at 1209 Orange Street, Wilmington, New Castle County, Delaware 19801, USA and with company registration number 6798095. Our principal place of business is at 4000 Warner Boulevard, Burbank, CA 91522, USA. Our registered UK VAT number is 324 2314 44.
WIZARDING WORLD, WIZARDING PASSPORT, KEYS & CURIOS and related trademarks, characters, names and indicia are TM and © Warner Bros. Entertainment Inc. WIZARDING WORLD publishing and theatrical stage rights © J.K. Rowling. All rights reserved.
3 Hardware and software requirements
Many of the Gold benefits require access via a computer or mobile device. Please see www.WizardingWorld.com/muggle-devices for the current requirements for mobile devices and desktop devices.
Due to the auto-updating feature of internet browsers, we can support only the latest version for each of the browsers listed on that page. To check whether your device remains compatible with the Gold benefits, we recommend that you visit www.WizardingWorld.com/muggle-devices from time to time.
Some of the Gold benefits (such as ebooks) can only be accessed via our mobile app, which is available for download from selected app stores. Please check the relevant app store’s terms for details of devices that are compatible with the app.
Please note that the quality of display and/or sound of our content may vary from device to device and from content to content, and that might be affected by various factors, such as your location, the content selected, the configuration of your device and/or the speed of your wireless or internet connection.
Services and digital content
Unless you are pre-ordering, you can access the Gold services and digital content immediately on activation of your subscription. For pre-orders of Gold, most of the Gold benefits will only become available on launch. To activate access to Gold membership or to Gold services/content, you (or, where relevant, your gift recipient) will need to create a Wizarding Passport or to log in using your (or their) existing Wizarding Passport. If you have a redeemable code, you will also need to activate that code at my.WizardingWorld.com/redeem-gold.
So, by buying a Gold subscription or by placing an order for a one-off purchase of a service or digital content, you consent to the immediate performance of the contract and acknowledge that your relevant Gold benefits may start as soon as we accept your order. Please see section 16 below for details of your cancellation rights.
Your purchased Gold services and digital content, such as access to Wizarding World digital content, will be made available to you via the respective online, digital or mobile services that we or the relevant app-store operators provide to you from time to time. To access some of the Gold benefits (including the ebooks of the original Harry Potter stories), you will need to download the Wizarding World app onto a compatible mobile device.
You will be responsible for maintaining any third-party software and connectivity that your device(s) require in order to access wireless and internet services generally, and you are solely responsible for all related charges from your software licensors and wireless and internet providers, including any related licensing fees and data and messaging fees that you may incur. We are not liable to you if any Gold benefits are or become unavailable to you due to any failure in such software or connectivity. If you cannot access any Gold benefit for any reason that you believe is our responsibility, please contact our Customer Service team (whose details are set out in section 21 below).
Gold membership may provide you with certain early-access or priority-booking rights or merchandise discounts or other discounts from time to time. Details of how to make use of those benefits will be provided in the relevant messages that we send you or otherwise provide to you about those benefits, and any additional terms and conditions that we stipulate for using those are incorporated into these terms. Some of those benefits may also be subject to relevant third-party terms and conditions, such as terms of admission to venues or events. None of those benefits can be resold or otherwise transferred (except, where relevant, to your gift recipient) and none of them can be exchanged for cash or other items of value, except if and as far as otherwise required by law.
Part of the Gold package or special offers from time to time may involve delivery of goods, such as a personalized Gold welcome pack, selected merchandise or other collectibles. Some of those may be available via third-party-operated services (such as the Wizarding World Shop), whose own delivery terms will apply.
Where we are responsible for delivery of an item of goods (such as the Gold welcome pack), we shall be responsible for delivering the item to the UK physical postal address nominated by you in your order. Please note that we do not deliver to PO Box addresses. You accept that we will deliver the product to you as soon as reasonably practical and in any event within six weeks after the date on which we accept your order (or such other period of time as may be notified to you before you place your order), or sooner if practical. It may take us longer to deliver to diplomatic or military addresses. If nobody is available at your nominated address to take delivery and the product cannot be posted through your letterbox, we shall leave you a note informing you of how to re-arrange delivery or collect the product from a local depot. If, after a failed delivery to you, you do not re-arrange delivery or collect the product from a delivery depot, we shall contact you for further instructions and we may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we cannot contact you or re-arrange delivery or collection, we reserve the right to end the contract, in which case section 15 would apply.
On delivery, you shall become responsible for any loss of or damage to such goods. You will own such goods on delivery or (if later) once we have received payment for the goods in full.
Gold is currently intended only for UK or US residents. We reserve the right to add other territories and to exclude territories from time to time, and to limit or otherwise vary the Gold benefits or special offers made available in any country.
Gold membership is only available for personal, non-commercial use and for natural persons, and so it is not available to companies, groups or other entities. Each individual is allowed only one Gold membership. To buy a Gold membership, any other Gold benefit(s) or any special offer(s), you must, unless otherwise stated in additional terms, be aged 18 (or have attained the age of majority, if different, in your jurisdiction of residence) or older and you must be able to enter into a contract with us (and not prevented from doing so under any local laws).
An adult buyer can purchase a Gold membership as a gift for another adult or for a minor. The minor can be any age, as long as the minor has obtained consent from the minor’s parent or guardian to agree to these terms and, if under 13, to the creation of a Wizarding Passport.
Any query or dispute about eligibility for Gold membership or for making Gold purchases will be resolved by us in our sole discretion.
You can subscribe for Gold membership via our website and through our mobile app via selected app stores, whose terms of purchase will apply in addition to these terms. You may also be able to buy a Gold membership at specially selected retail stores and online shops by buying Gold as a boxed product (“Gold in a Box”), whether for yourself or as a gift. Buying Gold in a Box will provide you or your gift recipient with a code that can be redeemed at my.WizardingWorld.com/redeem-gold, but we reserve the right to terminate the redeemability of the code if the code is not redeemed within six months from the date of purchase. To redeem the Gold membership, you or (as relevant) your gift recipient will need to create a Wizarding Passport or to log in using an existing Wizarding Passport. The Gold in a Box code cannot be exchanged for cash or other items of value and is non-refundable, except if and as far as otherwise stated in these terms (or in any relevant third-party terms) or required by law.
By registering to be a Gold member, you confirm that you have given us accurate registration details and you will make sure that we always have your up-to-date contact information. Please ensure that you do, as we will usually send you messages about your subscription via text or email, depending on the contact information that you provide to us.
6 Duration of Gold subscription
If you pre-order for Gold, your subscription will begin on the start date confirmed by us when you place your pre-order or through a subsequent email notification.
If you place an order for Gold (other than through a pre-order), the subscription will start immediately on the redemption of the code, unless your Gold purchase is through our mobile app, in which case your subscription will start immediately.
Unless otherwise made known to you before you agree to buy your subscription, and unless your subscription is cancelled or terminated under these terms (such as under section 7, 8, 10, 13, 15 or 16 below):
• Your subscription will continue for 12 months from your start date. Your minimum subscription term will be confirmed to you in your welcome email. • Your subscription will automatically renew on a rolling yearly basis for successive periods of 12 months, with each additional annual period starting immediately on the expiry of the previous annual subscription period. Please note, however, that gifts of Gold will not renew, unless automatic renewal is noted on your check-out page or purchase confirmation or a further period of Gold is purchased separately.
The price of your basic subscription package (which includes VAT) will be confirmed to you on the order pages when you place your order. It may vary from time to time per subscription period and/or by country. You agree to pay the initial price in full at the beginning of the subscription period and at the rate notified to you at the time when you first buy your Gold subscription.
On any renewal of your subscription, you agree to pay the new basic package price (which will include VAT) in full at the beginning of the renewal period and at the rate notified to you in your renewal reminder message. You accept that the relevant price will be charged to your authorized default payment method on or around the renewal date.
There may be additional charges for access to third-party services or on acceptance of a special offer, in which case the additional charges (inclusive of any applicable VAT) and related payment terms will be confirmed to you on the relevant order page. Those charges may vary as well from time to time, and any such then-current charge will be made known to you before you place that order. For example, for an item of goods, the costs of delivery will be as displayed to you on the relevant order page. If the rate of any applicable VAT changes between your order date and the date when we supply the item ordered, we shall adjust the rate of VAT that you pay, unless you have already paid for the item in full before the change in the rate of VAT takes effect.
We will endeavor to state correct prices for Gold and for Gold benefits and to provide accurate descriptions of Gold and the Gold benefits, but we do not warrant that the pricing or specification of Gold or any Gold benefit on our service is complete, accurate, reliable, current or error-free. If the correct price of Gold or a Gold benefit is in fact higher than our stated price or the specification of Gold or any Gold benefit is misdescribed, we reserve the right at our discretion to refuse or cancel your order for that item in our sole discretion. If we accept and process your order where a pricing or specification error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing or misdescription, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you under the order.
Sales are made by us or, if different, the seller identified at the time of sale.
Where you make a Gold-related purchase from us, you will be able to review and confirm your order, including the delivery address (if relevant), payment method and Gold benefit details. If we accept your order, we shall send you a notice, and our acceptance will be confirmed and communicated to you at the time when we send you that notice. At that time a binding contract for sale will be made between you and us.
Purchases from us are subject to availability. Services, digital content and products displayed on our service may not be available at all times and may be substituted or discontinued at any time before purchase. We may from time to time offer alternative subscription plans, including special plans with differing conditions and limitations. Any materially different terms from those described in these terms will be disclosed to you before purchase and will form part of these terms (while prevailing over these terms to the extent of any inconsistency).
We reserve the right to refuse or cancel any order before the time of delivery and also to require additional information before accepting an order. If so, we will contact you to confirm that. In particular, we reserve the right to refuse a personalized order in our discretion. If we cancel your order after your payment has been processed but before delivery, we will refund your payment.
From time to time we may allow you to make a purchase in advance through pre-ordering, so that you will have the item(s) pre-ordered soon after their scheduled release dates or, where relevant, have early access to some of the benefit(s) concerned. Scheduled release dates and early-access times are provided in the product descriptions posted on our website. We reserve the right to modify those dates and times at any time at our discretion.
To place an order, you must provide one or more valid payment methods. If you make a purchase via our website, you can pay using any of the methods that are accepted at the time of payment by us or by our payment services provider.
If you make a purchase via an app store, you can pay using any of the methods that are accepted at the time of payment by the operator of the relevant app store or by its payment services provider.
If you make a purchase in a boxed-product form from a retailer, you can pay using any of the methods that are accepted at the time of payment by the retailer.
Each item must be paid for in advance before delivery.
Your payment-method issuer agreement governs your use of your designated payment method, and you must refer to that agreement and not these terms to determine your rights and obligations as a user of the payment method. Where relevant, currency exchange rates may fluctuate and you may be charged conversion fees by your bank or other payment-method provider. For some payment methods, the issuer may charge you certain other fees relating to the processing of your payment method. Local tax charges may vary depending on the payment method used. Please check with your payment-method provider for details.
By submitting payment details to us or our payment services provider, you warrant that you have the right to make a purchase from us using that payment method and you agree to notify us of any changes to the payment information. YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYMENT METHOD BY A THIRD PARTY.
We reserve the right to use (or to authorize our payment services provider to use) third-party checking services to obtain current expiry dates on your payment methods.
If you only submit payment details for one permitted payment method, that payment method will be treated as your default payment method. If you wish to designate a different payment method, you must update your authorized payment-method information accordingly. Following any such update, you authorize us to charge the updated payment method(s).
If for any reason your default payment method is declined or no longer available, you authorize us to charge any other payment method that you have authorized for use on your account with us. You will remain responsible for any uncollected amounts and agree to pay those on demand by us or our agents. If a payment is not successfully settled, whether due to expiry or insufficient funds or for any other reason, and you do not cancel your order with us, we may:
(a) suspend your access to the Gold item(s) to which the payment relates until we have successfully charged an alternative valid payment method, in which case we will contact you to inform you about the suspension; or
(b) if and as far as permitted by law: (i) on giving you notice, terminate the Gold contract affected by the failure of payment; (ii) where that contract is for a Gold subscription, charge you for any amount due for the remainder of your then-current subscription term; (iii) send your details to third-party debt collectors; and/or (iv) take any step that we consider necessary to recover any related loss. If your subscription has ended and you would like to re-subscribe for Gold, we may require you to pay any amount that you still owe us for your previous subscription.
This section 11 applies to any redeemable code that you may buy from us (“code”), whether your own redeemable code, a gift code or some other code (such as an activation code issued in order to start a subscription or to access a special offer). All gifts of Gold membership are also subject to the following terms.
Any Gold membership that you buy for yourself will need to be started by redeeming the code that is issued to you after purchase, unless you make an in-app purchase of Gold via our mobile app, which will not require redemption of a code to activate your subscription.
Any Gold membership bought as a gift will be provided to the buyer, or directly to the gift recipient as designated by the buyer, in the form of a code that the buyer’s nominated recipient can redeem in order to start the membership. The nominated recipient should be resident in the UK or the USA to be able to make the most of Gold.
The code can be redeemed at www.WizardingWorld.com/redeem-gold. We reserve the right to terminate the redeemability of the code if the code is not redeemed within six months from the date of purchase. To redeem the Gold membership, the gift recipient will need to create a Wizarding Passport or to log in using an existing Wizarding Passport.
Other codes may be subject to similar terms, which will be specified on or via the relevant order page.
A code cannot be exchanged for cash and is non-refundable, except if and as far as otherwise stated in these terms or required by law.
If you receive a gift of Gold membership, then by redeeming the gift code, you agree to be bound by these terms if you are a UK resident, or by our Terms of Purchase for US residents if you are a US resident.
We reserve the discretion to inform the purchaser when a gift code has been redeemed by a recipient.
Codes may be subject to additional terms presented to the buyer before the time of purchase, and any such additional terms are incorporated into these terms.
Use of any code for any unauthorized marketing, advertising or promotion is strictly prohibited. You also agree not to use any Gold benefit for any public performance.
The risk of loss and title for any code will pass to the buyer on our digital transmission of the code to the buyer or the recipient or (if bought in physical form) delivery of the code to the buyer, the recipient or the carrier, as the case may be. We are not responsible if a code is then stolen, lost, destroyed or used without the buyer’s or the recipient’s permission.
Codes are void if not obtained in accordance with these terms, or if any part of the code is forged, tampered with or improperly modified in any other way. We also reserve the right to invalidate any code that we believe has been sold, transferred or bought in any way that contravenes these terms. We may suspend or close any relevant Wizarding Passport(s), revoke or terminate a code, or limit or suspend the ability to buy or redeem a code at our discretion if reasonably required in order to avoid fraud or abuse.
Unless otherwise stated in any additional terms, all the benefits of your Gold subscription are personal to you and non-transferable, and must not be shared with others. If, however, you have specifically bought a Gold subscription as a gift for someone else from the outset, then the recipient of the gift is entitled to make use of those benefits instead of you. Please note that we will not be required to pay you any refund if, for any reason other than our or our agents’ default: (a) you decide, or (where relevant) the recipient of your gift decides, not to make use of any one or more of the Gold benefits; or (b) you or (where relevant) the recipient of your gift does not redeem a Gold code within six months of issue.
13 Changes to your Gold package, a Gold-related item or these terms
Subject to applicable law, we reserve the right from time to time, in our discretion and on giving you at least one month’s notice:
(a) to vary your subscription price and/or additional charges; and/or
(b) to make a substantial change to your Gold benefits (although a change will not be considered substantial for this purpose if we replace those Gold benefits with other Gold benefits of comparable quality).
If you are adversely affected by such a variation, you may terminate your Gold subscription on giving us notice of termination at any time during that notice period. In that case the buyer of the subscription will be entitled to request a pro-rata refund from us for the remainder of the then-current subscription period.
Subject to applicable law, we also reserve the right to modify any Gold-related item (a) to reflect changes in relevant laws and regulatory requirements and/or (b) to implement minor technical adjustments and improvements that would not affect your use of the item. We may also update Gold digital content from time to time, as long as the digital content remains consistent with its description that we provided to the buyer before purchase.
Subject to applicable law, we also reserve the right to modify these terms from time to time in order:
• to make sure that we continue to comply with any relevant laws and regulations;
• to make improvements to your Gold subscription experience; and/or
• to vary our terms of purchase, pricing, billing methods, redemption, access and/or use of Gold benefit(s) in any other respects (in which case the new terms shall apply to any new purchases made after the terms have been varied).
We will notify you of any such modified terms by posting them on our website, by emailing you at the email address that you have provided for your Wizarding Passport or by using some other reasonable means to notify you. Each time you make a Gold-related purchase, the version of these terms in force at that time will apply to that purchase.
If you would like to get in touch with a complaint, you can get in touch with us using our contact details as set out in section 21 below.
If you have a complaint and cannot resolve your dispute with us direct, you could consider using the European Online Dispute Resolution platform at:
(Please note that the relevance of that service may be affected if the UK later leaves the European Union. In that case please check any guidance available on that site about the ongoing scope of the service, which might depend on the nature of the UK’s ongoing relationship with the European Union.)
15 Our rights of termination or suspension
We may, at our sole discretion, terminate or suspend your contract with us at any time if we have serious grounds on which to terminate or suspend it (such as for non-payment of any amount due or for material breach of these terms or of any relevant additional terms).
When we are deciding whether to accept your order for a Gold subscription, we may check your name and address against credit-reference and fraud-prevention databases. If we decline your order, we will terminate your subscription and reimburse any related payment that you have made to us.
16 Your cancellation and termination rights
Cancelling or terminating Gold benefit(s) bought via a third party
Where relevant, if you bought any Gold benefit(s) from or via a third party (such as an authorized app store, retailer or merchandiser) and wish to cancel that order, you may need to do so through such third party, such as by visiting your account with the relevant third party and, where you have a right to cancel under the third party’s terms or by law, cancelling through that third party.
Where, however, you have made any Gold-related purchase from us direct, the remaining provisions of this section 16 apply.
Cancelling Gold within the first 14 days
You may cancel an order (or, where relevant, a pre-order) for purchase of a Gold subscription within 14 days from our acceptance of your order (or, where relevant, pre-order) for it. We will then refund any related payment received from you, using the same payment method that you used to buy your subscription. You will not be entitled to receive a refund of your initial payment if you cancel after the end of that 14-day period.
If you do decide to cancel within that 14-day period, you can send an email to [email protected] from your registered email address or use our online contact form, informing us that you would like to cancel or including a completed version of the following form:
To: Customer Service, Wizarding World Digital LLC
I am writing to give you notice that I am cancelling my Gold order
Ordered on: [insert your subscription order date]
Your full name:
Your postal address:
Your email address:
Reason for cancelling (optional):
If you cancel within that 14-day period, your access to Gold benefits will stop at once and you will lose all ongoing Gold subscription benefits with effect from the date of cancellation.
Terminating Gold after the initial 14-day period
After that initial 14-day period, you can, at any time before the final month of the initial subscription period, give us notice of your wish to terminate your subscription with effect from the end of the initial subscription period. To do so, please send us an email to that effect at [email protected] or using our online contact form.
Please note that, for a gift of Gold for a single subscription period, there is no need to send such a notice, as the period will expire at the end of the initial period (unless a further period is purchased separately).
Cancelling a Gold subscription renewal
Around one month before your subscription is due for renewal, we will send you an email reminding you about the renewal and stating any variations in package, pricing and/or terms that we propose to apply for the renewal period. At any time during the period starting one month before your renewal date and ending 14 days after the renewal date, you will be entitled to cancel the renewal. To do so, please send us an email (please see section 21 below for contact details) within that period, including a completed notice of cancellation, which may be based on the form of cancellation set out above in this section 16. Please note that, if you do not provide us with due notice of cancellation within such cancellation period (or an earlier notice of termination that complies with the termination terms of this section 16), your subscription will automatically continue until the end of the renewal period and you will be required to make your payment for such renewal period at the start of the renewal period. Your estimated renewal payment date will be set out in your renewal reminder, and you can find out your exact renewal payment date by contacting us by email (please see section 21 below).
Terminating Gold after the renewal cancellation period
After that renewal cancellation period, you can, at any time before the final month of the renewal period, give us notice of your wish to terminate your subscription with effect from the end of the relevant renewal period. To do so, please send us an email to that effect at [email protected] or using our online contact form.
Later renewal period(s)
The process described in the previous two paragraphs will be repeated in an equivalent way for each successive renewal period of your subscription.
Cancelling an add-on item
If you place an order with us for paid access to a third-party service or for a paid special offer (i.e. separately from your subscription package), you will be entitled to cancel the order within 14 days from our acceptance of your order (or, for an item of goods, within 14 days after you, your gift recipient or a third party indicated by you (other than the carrier) takes possession of the item). To do so, please send us an email within that 14-day period, including a completed notice of cancellation, which may be based on the form of cancellation set out above in this section 16. We will then refund any related payment received from you, using the same payment method that you used to place the order.
Despite the above, you agree and acknowledge that:
• for any such item that is a service, you will lose your right to cancel if, with your express consent, we have already provided that service to you (and you hereby consent and acknowledge that we may start providing any such service immediately on conclusion of the contract for such service);
• for any such item of digital content that you stream or download, you will lose your right to cancel as soon as you have started the stream or download (and you hereby consent and acknowledge that we may start making any such content available to you immediately on conclusion of the contract for such content); and
• for any such item that consists of goods, you will not be entitled to cancel the order if: (a) the goods are specially personalized for you (or, where relevant, for a gift recipient), unless the product is incorrectly manufactured or otherwise defective; or (b) the goods become mixed inseparably with other items after their delivery; or (c) if the goods are sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them.
Please also note that if you cancel a subscription, you will still be required to pay any charge that you have incurred for any add-on item (unless you have separately and duly cancelled your order for the add-on item).
Partial refund on a cancellation
Despite anything implied to the contrary above, if you cancel within any of the cancellation periods described in this section 16 and you have (or, in the case of a gift, the recipient has) already started to make use of any of the Gold benefits (including any Gold content) before you cancel, we reserve the right to deduct from your refund an amount up to the value of the utilized Gold benefits. The deduction will be in proportion to the Gold benefits that have been supplied, in comparison with the full coverage of the contract.
In particular (but without limitation), if you have (or a gift recipient has) already received a personalized Gold welcome pack and you retain it (or a gift recipient retains it), we reserve the right to deduct an amount up to the value of that pack from your refund.
For an item of goods, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the item, if this has been caused by your handling the item in a way that would not be permitted in a store. If we refund you the price paid before we can inspect the goods and later find out that you have handled them in an unacceptable way, you must pay us an appropriate amount.
Return of physical products
If you cancel a contract with us for delivery of a physical product:
• If the product has been despatched to or received by you (or your nominated gift recipient) before you cancel, we reserve the right to require that you arrange for the product to be returned to us. In that case you must either return the goods in person to where you bought them, post them back to us at the postal address stated in section 21 below (or such other postal address as we may notify to you) or (if it is not suitable for posting) arrange for us to collect it. Please call or email our Customer Service team for a return label or to arrange collection (please see section 21 below for their contact details).
• We shall pay the costs of return: (a) if the product is faulty or misdescribed; or (b) if you are cancelling the goods contract because we have informed you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something that we have done wrong. In that case we will refund you for your costs of return by the method you used for payment. The maximum refund for such delivery costs will, however, be the costs of delivery by the least expensive delivery method that we offer.
• In all other circumstances (including where you are exercising your right to cancel if changing your mind), you must pay for the costs of return.
• If you are responsible for the costs of return and we are collecting the product from you, we will charge you for the direct cost to us of collection.
You have various other legal rights as a consumer by law. For example, by way of a summary where UK laws apply (but subject to certain exceptions):
(a) Where we supply you with a service under these terms (such as an experience or event tickets), you can ask us to repeat or fix the service if it is not carried out with reasonable care and skill, or get some money back if we cannot fix it. If you have not agreed a price beforehand, what you are asked to pay must be reasonable. If you have not agreed a time beforehand, it must be carried out within a reasonable time.
(b) Where we supply you with digital content (where not supplied on a tangible medium) under these terms (such as ebooks or exclusive digital content), the content must be as described, fit for purpose and of satisfactory quality. If the digital content is faulty, you are entitled to a repair or a replacement. If the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back. If you can show that the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.
(c) Where we supply you with physical merchandise or other goods under these terms, we are under a legal duty to supply products that are in conformity with these terms, and the goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product, you have the following rights: (i) up to 30 days: if your goods are faulty, you can get an immediate refund; (ii) up to six months: if your goods cannot be repaired or replaced, you are entitled to a full refund in most cases; and (iii) up to six years: if your goods do not last a reasonable length of time, you may be entitled to a partial refund.
For more detailed information on your legal rights in relation to our supplies of services, digital content and goods, please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If our supply of any Gold benefits is delayed by an event outside our control, then we shall contact you as soon as possible to let you know and we shall take steps to minimize the effect of the delay. As long as we do this, we shall not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to end the contract and to receive a refund for any Gold benefits you have paid for but not received.
If we fail to comply with these terms, we are liable for loss or damage you suffer as far as that is a foreseeable result of our breach of these terms or our failing to use reasonable care and skill, but we are not liable for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. For example, if defective digital content that we have supplied damages a device or digital content belonging to you and that is foreseeably caused by our failure to use reasonable care and skill, we shall either repair the damage or pay you compensation at your written request.
IN ANY EVENT, NOTHING IN THESE TERMS WILL EXCLUDE OR RESTRICT OUR LIABILITY IN RESPECT OF YOUR RIGHTS AS A CONSUMER UNDER LAW, FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE, FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW.
19 Governing law and dispute resolution
Without prejudice to any other local law as far as it may require a different governing law and/or jurisdiction, these terms will be governed by, and construed and enforced in accordance with, the law of England and Wales and you and we both agree that the courts of England and Wales will have jurisdiction, except that:
(a) if you are a habitual resident of Northern Ireland you may also bring proceedings in Northern Ireland; or
(b) if you are a habitual resident of Scotland, you may also bring proceedings in Scotland.
If you have any queries about Gold, including about how to make the most of your benefits or how cancelling or terminating your subscription would affect you, you can:
• email us on [email protected];
• contact us using our online contact form; or
• write a letter to our Customer Service team at Wizarding World Digital, 4000 Warner Boulevard, Burbank, CA 91522, USA (attention: Customer Service).
IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THESE TERMS, PLEASE DO NOT PLACE A GOLD ORDER.