Terms of Purchase

Effective Date: 5^th December 2022

These Terms of Purchase (UK) apply if you are a consumer habitually resident in the UK or a Business User (as defined below) and purchasing goods, services or digital content on the Warner Sites & Services (as defined below) from the UK. Otherwise, the standard Terms of Use available at https://policies.warnerbros.com/terms/en-gb govern your use of the Warner Sites & Services.

Please note that these Terms of Purchase apply to your purchase of goods, services and digital content, in addition to the Terms of Use. Note that Section 6 (Virtual Items) of the Terms of Use also applies regarding Virtual Items.

These Terms of Purchase (and the Terms of Use) carefully – they affect your legal rights and obligations, and, include certain waivers of rights, limitations of liability and, for business users only, certain indemnities from you to us.

Definitions used in these Terms of Purchase:

• “Additional Terms” means additional terms and conditions which apply to certain Warner Sites & Services or goods and which are set out on the website or app on which those Warner Sites & Services are made available or provided with the goods. Such Additional Terms may include, among other things, particularised age requirements, codes of conduct, sweepstakes and contest rules, additional warranties, and payment or subscription terms;

• “Business User” means a user of the Warner Sites & Services or purchaser of goods, services or digital content on the Warner Sites & Services, on behalf of a company, organisation or other entity not considered a ‘Consumer’ under the Consumer Rights Act 2015;

• “Purchase Contract” means the contract, governed by these Terms of Purchase (together with the Terms of Use), that comes into existence between you and us when we email you to accept your order for goods, paid-for services or digital content (e.g. video games);

• “Terms” means the terms and conditions set out in this document, together with the Terms of Use and any applicable Additional Terms;

• “Warner Sites & Services” means Warner’s online, digital, or mobile services, including Warner’s websites, digital content (including software, and games), applications, games, and any of Warner’s other products and services in connection with which these Terms are posted or from which they are linked.

Welcome and thank you for using a service provided by Warner Bros. Studios Leavesden Limited (a company incorporated in England with company registration number 00330764 and registered at Warner House, 98 Theobalds Road, London WC1X 8WB), or its subsidiaries or affiliates (“Warner”, “we,” “us”, or “our”). These Terms are a legally binding agreement between you and Warner and govern your use of Warner Sites & Services.

Parts of the Warner Sites & Services may be subject to Additional Terms. Such Additional Terms may be with a different Warner entity. When Additional Terms are made available in connection with any aspect of the Warner Sites & Services, those Additional Terms also apply to your use of that aspect of the Warner Sites & Services. Where there might be a conflict between the Additional Terms and the Terms, the Additional Terms will control the Terms.

By accessing or using the Warner Sites & Services, you agree to be bound by the Terms and any applicable Additional Terms (which are incorporated herein by reference) and you agree that you have read and understood our Privacy Policy describing our collection and use of your information. If you do not wish to be bound by the Terms or Additional Terms, do not access or use the Warner Sites & Services or purchase any goods, services or digital content on the Warner Sites & Services. Please read the Terms carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us using the instructions set forth in Section 11 below.

TERMS OF PURCHASE - CONTENTS

PART A - Terms of Purchase applicable to consumers and Business Users

1. Payments

2. Administration of payment transactions

3. When we accept your order

4. Cancellation of the paid-for services, goods and digital content

5. Subscriptions

PART B – Terms of Purchase applicable to consumers only

6. Making changes to the paid-for services, goods or digital content

7. Provision of the paid-for service, goods or digital content

8. Our rights to terminate the Purchase Contract

9. If there is a problem with the service, goods or digital content you purchase

10. Your rights to terminate the Purchase Contract

11. How to terminate a Purchase Contract

12. Sending the goods back to us

13. Payment and refunds

 PART C – General terms

14. Our responsibility to you (Limitation of Liability)

15. Indemnity for Warner - for Business Users only

16. Governing Law and Dispute Resolution

17. Other Important Terms

18. Accessibility

19. Contact Us

 

PART A – Terms of Purchase applicable to consumers and Business Users

1          Payments: Certain aspects of the Warner Sites & Services may require payments. If you use those aspects of the Warner Sites & Services, you agree to the applicable pricing and payment terms and to these Terms of Purchase. Pricing and payment terms will be displayed in connection with that aspect of the Warner Sites & Services requiring payment. Warner may update pricing and payment terms at any time on reasonable notice, with any changes to subscription fees taking effect upon the conclusion of your current subscription term unless otherwise specified. If you do not accept the pricing and payment terms updates, you may contact us before the changes take effect and receive a refund for any Warner Sites & Services paid for but not received. The transaction is with the specific Warner entity identified by the aspect of the Warner Sites & Services used to make the purchase.

2          Administration of payment transactions: All payment transactions are administered by a third-party payment processor or third-party store. Warner is not responsible or liable to you for any credit card, bank-related, or other financial service charges and fees related to your transactions. You represent and warrant that all payment information you provide is correct, current, and complete. You agree to pay all applicable charges (including any applicable taxes) billed to your chosen payment method. We reserve the right to refuse or cancel transactions, including due to pricing or other typographical errors.

            Customs/International delivery: When ordering goods for international delivery you might be subject to import duties and taxes, which are levied once the goods reach the specified destination. You are responsible for any additional charges for customs clearance.  Please bear in mind that Warner has no control over these charges.  Customs policies can vary widely from country to country.  Please note that some products may not be available for delivery outside the United Kingdom (excluding Northern Ireland) for example the Harry Potter: Magic Caster Wand. For details please see the Delivery Section of the FAQ.

Please contact your local customs office for further information before placing your order as Warner cannot predict what these charges may be and is unable to offer any assistance on these processes.

Additionally, please note that when ordering for international delivery, you will be considered the importer of record and must adhere to all laws and regulations of the country in which you're receiving the goods.

Customs offices in some countries require the importer of record to provide a particular form of identification before releasing a parcel.

In addition, customs forms for international parcels will list the value of the contents of your order by product type.  Various customs forms show the value of items included in the delivery by product type. Warner reserves the right to provide such information to customs in order to simplify the process for our customers or due to legal obligations. Customs can open and control packages.  Please note that Warner has no influence over this process.

If an order is placed and restrictions that Warner was not aware of at the time the order was made are applied by the customs authority of the destination country, then Warner will cancel the order and return payment to you.

If you (or the recipient) wishes to return your order, you must request a refund of any customs duties and tax directly with your local customs office.

3          When we accept your order: Our acceptance of your order for paid-for services, goods and digital content (e.g. video games) will take place when we email you to accept your order, at which point a Purchase Contract will come into existence between you and us. If we are unable to accept your order or are unable to provide the paid-for services, goods or digital content requested, we will inform you of this and will not charge you for such paid-for services, goods or digital content. This might be because the paid-for service, goods or digital content is no longer available, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the paid-for service, goods or digital content, or because we are unable to meet a delivery deadline you have specified.

4          Cancellation of the paid-for services, goods and digital content:

4.1       If you are a Business User, your purchases are final and no refunds are available unless otherwise specified in applicable Additional Terms, including where your account is terminated or suspended preventing your access to paid aspects of the Warner Sites & Services (such as any remaining subscription terms), and where we discontinue or suspend the Warner Sites & Services (under section 4.2 of the Terms of Use).

4.2       If you are a consumer, your cancellation and refund rights are set out in PART B of these Terms of Purchase below.

5          Subscriptions: Subscriptions are purchases of only a limited, personal, non-transferrable, non-exclusive, non-sublicensable, non-assignable, and fully revocable licence to access the applicable portion of the Warner Sites & Services. Unless otherwise specified (at initial sign-up or subsequently), subscriptions may renew automatically (on notice if you are a consumer) at a rate not exceeding the rate for the prior subscription period. If you sign up for a free trial subscription (if available), and you wish to continue your subscription or your subscription renews automatically (on notice if you are a consumer), you will be automatically billed at the pre-agreed rate at the conclusion of the free trial, subject to your right to cancel your subscription. You may cancel any automatically renewing subscription: (a) if you are a Business User, in accordance with applicable Additional Terms; and (b) if you are a consumer, in accordance with PART B below and any applicable Additional Terms.

 

PART B - Terms of Purchase applicable to consumers only

6          Making changes to the paid-for services, goods, or digital content 

6.1          Your rights to make changes. If you wish to make a change to the paid-for services, goods or digital content you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the paid-for services, goods or digital content, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to terminate the Purchase Contract.

6.2          Our rights to make changes. We may change the paid-for services, goods or digital content that you have purchased as necessary for operational, security, legal or regulatory reasons. In relation to paid-for digital content, we may update or reasonably require you to update the digital content, provided that the paid-for digital content shall always match the description of it that we provided to you before you bought it. We reserve the right at any time to charge fees for access to new features or functionality available in any products or services we sell in the Harry Potter Shop (e.g. if we sell a ‘Magic Caster Wand’ to you, we reserve the right to charge you in the future for access to new spells that aren’t included originally with the wand experience at the original time of your purchase).

6.3          The images on our website of the paid-for services, goods and digital content are for illustrative purposes only. Although we have made every effort to display an accurate image of the paid-for service, goods and digital content (including the colour thereof), your paid-for service, goods and digital content may vary slightly from those images.

7          Provision of the paid-for service, goods or digital content

7.1          |The options available for delivery of your order including the costs of shipping your order will be displayed to you at the point of checkout before you complete your purchase. For more details on delivery options and shipping costs please see the Shipping and Delivery section of our FAQs.

7.2          When we will provide the goods. We will dispatch your order to you as soon as all the goods in the order are available and in any event within 30 days after the day on which we email you to accept your order. If we are unable to deliver the goods to you, and you do not re-arrange delivery then we will contact you for further instructions and may charge you for further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery, we may end the Purchase Contract and section 8 below will apply.

7.3          When you become responsible for the goods. The goods will be your responsibility from the time we deliver the product to the address you gave us. You own the goods once we have received payment in full.

7.4          When we will provide the paid-for service and digital content. During the order process we will let you know when we will provide the paid-for service and digital content to you. If what you have purchased are ongoing services or subscriptions, we will also tell you during the order process when and how you can terminate your Purchase Contract with us for the paid-for services and digital content.

7.5          We are not responsible for delays outside our control. If our supply of the goods, paid-for service or digital content is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Please ensure you have provided the correct contact details in order to enable us to contact you. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay, you may contact us to terminate your Purchase Contract and receive a refund for any goods, service or digital content you have paid for but not received.

7.6          Reasons we may suspend the supply of goods, paid-for service or digital content to you. We may have to suspend the supply of goods, paid-for services or digital content in certain circumstances including: (a) for necessary operational or security reasons e.g. dealing with technical problems or making minor technical changes; (b) for legal or regulatory reasons; (c) to make changes to the paid-for services, goods or digital content as requested by you or notified by us to you (see sections 6.1 and 6.2 of these Terms of Purchase); (d) we have a previous credit card dispute with you, we suspect the order is fraudulent or that the order comes from a customer who has a history of placing fraudulent orders, or (e) as further set out in section 4.2 of the Terms of Use.

7.7          Your rights if we suspend the supply of paid-for services, goods or digital content. We will contact you in advance to tell you we will be suspending supply of the paid-for service, goods or digital content, unless the problem is urgent or an emergency. You may contact us to terminate the Purchase Contract if we either suspend the paid-for service, goods or digital content, or tell you we are going to suspend the paid-for services, goods or digital content, in each case where Additional Terms apply, for the period set out in the Additional Terms, and we will refund any sums you have paid in advance for the paid-for service, goods or digital content in respect of the period after you terminate the Purchase Contract.

7.8          We may also suspend supply of the goods, service or digital content if you do not pay. If you do not pay us for the goods, service or digital content in accordance with these Terms, we may suspend supply of such goods, services or digital content until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of such goods, services or digital content. We will not charge you for such goods, services or digital content during the period for which they are suspended.

7.9    Pre-Order Terms. Pre-order is the process by which you are able to order a product in advance of the scheduled retail launch date. Due to the nature of pre-ordering, the following specific conditions apply to pre-ordered products:

(a) Pre-ordered products once purchased are intended to be delivered on or shortly after the retail release date, provided that we are able to process your payment before such retail release date (the exact delivery date however will depend on the time the product is available in our warehouse and any timing disclosed to you at the time of sale or thereafter. Standard delivery timelines set out in section 7.2 will apply from the moment the pre-ordered product is actually received and available in our warehouse and is able to be shipped.

(b) Unless expressly disclosed on the Harry Potter Shop, your payment (including payment for shipping) on a pre-order product will be processed as soon as the order is placed.  We will not start the fulfillment of your order prior to having received payment; and

(c) The scheduled retail release date (product launch) for your pre-order product can be found in the product description page on the Harry Potter Shop or otherwise in your order confirmation.  When you place an order for a pre-order product where we disclose that your payment will not be processed immediately, you won’t be charged for your order until your order ships but we may send an authorisation hold request to your card issuer. The authorisation hold is not an actual charge and will eventually expire and drop off your account based upon the time-frame set by your card-issuing bank. If the authorisation hold expires before the product’s release date or before the order is ready to be shipped, the authorisation will automatically renew. If any attempt to renew the authorisation fails, you’ll be reminded by email to change the payment card type/details. We reserve the right to change the release date for any pre-order product at any time by posting notice on the Harry Potter Shop and/or delivering notice to you of a new date via email.  If requested in an email notification, please follow the link in the email and agree that you still want a pre-ordered product. If you do not agree, we may cancel the purchase and you will not be charged.

8          Our rights to terminate the Purchase Contract

8.1          We may terminate or suspend the Purchase Contract if you breach the Purchase Contract. We may terminate the Purchase Contract at any time by writing to you if: (a) you do not make any payment to us when it is due; (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the paid-for service, goods or digital content; (c) you do not, within a reasonable time, allow us to deliver the paid-for service, goods or digital content to you; (d) your conduct in relation to the Warner Sites & Services is illegal; or (e) you repeatedly breach these Terms.

8.2          You must compensate us if you breach the Purchase Contract. If we terminate the Purchase Contract for paid-for services, goods or digital content in the situations set out in Section 8.1 of these Terms of Purchase we will refund any money you have paid in advance for the service or digital content that we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching the Purchase Contract.

8.3          In certain circumstances (see section 4.2.2 of the Terms of Use) we may withdraw the goods, paid-for services or digital content. We will let you know in advance of our stopping the supply of the goods, paid-for service or digital content.

9          If there is a problem with the service, goods or digital content you purchase

9.1          We are under a legal duty to supply paid-for services, goods and digital content that is in conformity with the Terms. See below for a summary of your key legal rights in relation to the service and digital content you purchase (these are subject to certain exceptions and any applicable Additional Terms). Nothing in these terms will affect such legal rights.

9.2          If you are purchasing digital content, for example a mobile phone app or a video game, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality, therefore: (a) if your digital content is faulty, you are entitled to a repair or a replacement; (b) 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; and (c) if you can show the fault has damaged your device and we have not used reasonable care and skill, you may be entitled to a repair or compensation.

9.3          If you are purchasing services, for example a subscription to newsletters via the post, the Consumer Rights Act 2015 says: (a) you can ask us to repeat or fix a service if you believe that the service was not originally performed with reasonable care and skill, or get some money back if we cannot fix it; (b) if you have not agreed to a price beforehand, what you are asked to pay must be reasonable; and (c) if you have not agreed to a time beforehand, the services must be carried out within a reasonable time.

9.4          If you are purchasing goods, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

Note that all refunds will be made back to the original purchaser only.

10     Your rights to terminate the Purchase Contract 

You can always terminate your Purchase Contract with us.  Your rights when you terminate the Purchase Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to terminate the Purchase Contract:

10.1        If what you have bought is faulty or misdescribed you may have a legal right to terminate the Purchase Contract (or to get the goods or digital content replaced or a service re-performed, or to get some or all of your money back as described in section 9 of these Terms of Purchase above).

10.2        If you want to terminate the Purchase Contract because of something we have done or have told you we are going to do. If you are terminating a Purchase Contract for a reason set out at (a) to (e) below, the Purchase Contract will terminate immediately and we will refund you in full for any paid-for services, goods or digital content which have not been provided and you may also be entitled to compensation. The reasons are:

10.3 14-day Cooling-off period: If you have just changed your mind about the paid-for services, goods or digital content. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions – see below for further detail. You will have to pay the costs of returns of any goods to us.

 (a) How long you have to change your mind depends on what you have ordered and how it is delivered:

1. If you have bought digital content for download or streaming or virtual items, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming.  If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind once downloading or streaming of digital content has begun.

2. If you have purchased services, you have 14 days after the day we email you to confirm we accept your order; however, once we have completed the services you cannot change your mind, even if the 14 day period is still running. If you cancel after we have started the services but the services are not complete, you must pay us for the services provided up until the time you tell us that you have changed your mind.

iii.           If you have bought goods, you have a legal right to change your mind within 14 days after the day you receive the goods to receive a refund, but this may be subject to deductions if the goods are not in their original condition (e.g. have been used, worn or washed). Please note that we also offer a goodwill guarantee to all our customers which is more generous than your rights under statutory law and may offer other additional warranties in relation to certain specific goods, digital content and services (such as the additional warranty for the ‘Magic Caster Wand’ experience).  This goodwill guarantee does not remove or reduce your rights under statutory law in relation to faulty or misdescribed goods. See below a summary of your enhanced rights under the goodwill guarantee:

Rights under Consumer Contracts Regulations 2013	How our goodwill guarantee is more generous:
· 14 day period to change your mind	30 day period to change your mind. ·  Christmas Period: Any orders placed for goods from 1 November can be returned up to and including 31 January.

 

(b)    You do not have a right to change your mind in respect of the following:

(i)   digital products after you have started to download or stream these; 
(ii)   services, once these have been completed, even if the cancellation period is still running; 
(iii)   for goods, you will not have a right to change your mind for any earrings, or any goods sealed for health protection or hygiene reasons once these have been unsealed after you receive them (e.g. confectionary); or 
(iv)   in any other circumstances identified in the applicable Additional Terms, subject to applicable law.

10.4        Terminating the Purchase Contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you no longer have a right to change your mind regarding the Purchase Contract, you can still terminate the Purchase Contract before it is completed, but you may have to pay us compensation. A Purchase Contract for goods or digital content is completed when the digital content is delivered, downloaded or streamed and paid for. A Purchase Contract for services is completed when we have finished providing the services and you have paid for them. If you want to terminate a Purchase Contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know in accordance with section 11 below. The Purchase Contract will terminate immediately and we will refund any sums paid by you for a service or digital content that has not been provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your terminating Purchase Contract. If the services you have purchased are a subscription and you want to cancel, you must cancel your subscription before it renews for a subsequent subscription period in order to avoid being charged for that subsequent subscription period.

11        How to terminate a Purchase Contract

To terminate the Purchase Contract with us, please let us know by doing one of the following:

11.1        

11.2        Online. Visit Contact Us and complete the form on our website.

11.3        By post. Print off the form and post it to us at Freepost RUCB-SRBJ-XYAA, The Harry Potter Shop, 2 Old Parkbury Lane, Colney Street, ST. ALBANS, AL2 2EB, United Kingdom or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

12        Sending the goods back to us

12.1        If you end the Purchase Contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

12.2        All goods purchased online must be returned in accordance with these Terms and cannot be returned to any of our outlets.

12.3        When we will pay the costs of return. We will pay the costs of returning the goods to us:

(a)      if the goods are faulty or misdescribed; or

(b)      if you are ending the contract because we have told 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 we have done wrong.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

13        Payment and refunds

13.1        The price of the goods, services or digital content will be indicated on the Warner Sites and Services. The accepted methods of payment are stated at on the Warner Sites & Services at the payment stage of the online purchase.  You must pay for the goods before we dispatch them and we will not charge your credit or debit card until we dispatch the goods to you.

13.2        How we will refund you.  We will refund you the price you paid for the goods including delivery costs, by the method you used for payment; however, we may make deductions from the price, as described below.

13.3        Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

(a)      We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.

(b)      The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, where we offer delivery of a product for UK Standard within 3-5 business days at one cost but you choose to have the product delivered by Courier within two business days at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

13.4        When your refund will be made. We will make any refunds due to you as soon as possible:

(a)      if you are exercising your right to change your mind then your refund will be made to your original purchase method in accordance with the Returns section of our FAQ. It can take up to 10 working days for the refund to credit to your account.  Please retain proof of sending ; (b) in all other cases where you return you product to us your refund will be handled in accordance with our Returns Policy.

 

PART C – General terms

14        Our Responsibility to You (Limitation of Liability)

14.1      IF YOU ARE A CONSUMER

14.1.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible 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 that we entered into these Terms, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

14.1.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at Part B section 9 of these Terms of Purchase.

14.1.3  We are not responsible for your use of, or inability to use, the Warner Sites & Services except where we breach your legal rights in relation to goods, paid-for services or digital content (as summarised in section 9 or 10 of these Terms of Purchase).

14.1.4  When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you, and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable: (i) for damage which you could have avoided by following our advice to apply an updated offered to you free of charge or (ii) for damage which was caused by you failing to correctly follow installation instructions or have in place the minimum requirements advised by us.

14.1.5  We are not responsible for business losses. If you are a consumer we only supply the Warner Sites & Services to you for domestic and private use. If you use the Warner Sites & Services for any commercial, business or resale purpose, our liability to you will be limited as set out in section 14.2 of these Terms of Purchase.

14.2      IF YOU ARE A BUSINESS USER

14.2.1   Subject to section 14.1.2, except where explicitly stated otherwise in applicable Additional Terms, in no event will Warner’s aggregate liability to you in connection with the Warner Sites & Services or these Terms exceed the greater of the amount (if any) paid by you to Warner in the 12 months immediately preceding the event giving rise to the claim. The exclusions and limitations in this section apply to all actions, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, regardless of the basis upon which liability is claimed and even if Warner has been advised of the possibility of such loss or damage.

14.2.2   Subject to section 14.1.2, Warner does not accept any liability for any of the following losses arising from your use or inability to use the Warner Sites & Services if you are a Business User: loss of profits, loss of business opportunity, business interruption, loss of anticipated savings, or loss or goodwill or reputation, loss or damage which is punitive, incidental, special, exemplary, arising from or related to these terms, or your use of or inability to use the Warner Sites & Services, or indirect or consequential damage.

15        Indemnity for Warner – for Business Users only

You agree to indemnify and hold harmless Warner and its directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors (collectively, the "Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorney fees and costs, incurred by the Indemnified Parties and arising out of any third party claim, whether actual or threatened brought or made against any of the Indemnified Parties, resulting from your act or omission relating to: (i) your breach of any of the representations, warranties, and agreements made hereunder; (ii) your use of the Warner Sites & Services; (iii) your placement or transmission of any User Content onto the Warner Sites & Services; (iv) any use of your Account in violation of these Terms or your failure to fulfill any obligations incurred through the use of your Account by you or a third party; or (v) your willful misconduct.

16        Governing Law and Dispute Resolution

16.1      Informal Resolution

If a dispute arises between you and us, and you are a:

           Business User: you agree to first provide us with notice of your complaint via email to legal@wb.com so that the parties may attempt to resolve the dispute informally within sixty (60) days from the date your complaint is received; or

           Consumer: you may contact us via email to legal@wb.com so that we may attempt to resolve the dispute informally. 

16.2      Applicable Law and Venue

If you are a Business User, these Terms will be governed by, construed, and enforced in accordance with English law and the courts of England will have exclusive jurisdiction.

17        Other Important Terms

17.1      Events outside Our control 

           If you are a consumer purchasing goods, paid-for services or digital content, please note that Part B (in particular, section 7.5) of the Terms of Purchase instead applies in relation to events outside our control.

           Warner will not have any liability to you by reason of any delay or failure to perform any obligation hereunder if the delay or failure to perform is occasioned by force majeure, which refers to any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, Governmental action, or other cause beyond its control.

17.2      Even if we delay in enforcing these Terms, we can still enforce them later

No failure or delay by either of us in exercising our rights under these Terms will constitute a waiver of those rights, nor will any partial assertion of any such rights preclude further assertion of the same.

17.3      If a court finds part of these Terms to be illegal, the rest will continue in force

If any part of a provision of these Terms is held unlawful, void, or for any reason unenforceable, then that part of the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

17.4      Construction

The titles of the sections of these Terms are for convenience of reference only and are not to be considered in construing these Terms. Unless the context of these Terms clearly requires otherwise: (a) references to the plural include the singular, the singular the plural, and the part the whole; (b) “or” has the inclusive meaning “x” or “y” or both “x” and “y”; (c) ”including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation;” and (e) references to “hereunder,” “herein,” or “hereof” relate to these Terms as a whole. Any reference in these Terms to any statute, rule, regulation, or agreement, including these Terms, will be deemed to include such statute, rule, regulation, or agreement as it may be modified, varied, amended, or supplemented from time to time.

17.5      Some parts of these Terms will continue to apply after termination

Any provision of these Terms which by its nature, expressly or by implication is intended to come into or continue in force following the termination of your paid-for services and digital content or other use of the Warner Sites & Services, shall remain in full force and effect, including: the wording prior to the Contents section, sections 3.2, 3.3, 4, 5, 6.3, and 7 – 17 (inclusive)  of the Terms of Use at and sections 2, 6.2, 8, 9, 10, and 12 – 17 (inclusive) of these Terms of Purchase.

17.6      Entire Agreement - for Business Users

These Terms, comprising these Terms of Purchase and the Terms of Use, and including the Privacy Policy and any applicable Additional Terms, constitute the entire agreement between you and us relating to the matters contained herein.

18             Accessibility

We strive to make the content on this website usable by all visitors, including those with disabilities. If you are having difficulty using this website, with or without assistive technology, please contact us at accessibility@wb.com. To enable us to respond in a manner most helpful to you, please indicate the nature of your difficulty using the website, the specific web address (URL link) at issue, and your full contact information, including email address and phone number. Thank you for helping us make your online experience more enjoyable.

19             Contact Us

You may contact us at the addresses specified herein for specific requests or contact us via our Contact Us form or email supportharrypottershop@warnerbros.com with general inquiries. Please do not send us any Unsolicited Submissions.