1.1 Hello, and thanks for visiting intu.co.uk. Our full company name is Intudigital Limited (referred to in these terms as Intu, we, us, our etc.) and various companies within our group run many of the UK’s favourite shopping centres. This website (or Site) brings our nationwide network of shopping centres together for you under one digital roof.
1.3 We do sometimes update these terms so you should return to this page and read it through again from time to time. The last time we updated these terms was on 15 November 2013. Your use of the Site will be taken as your acceptance of the latest version of these terms.
1.4 If you do anything in breach of these terms we may terminate your right to use the Site.
1.5 We are registered in England. Our registered company number is 07085128, and our registered office is at 40 Broadway, London, SW1H 0BU. Our VAT registration number is GB 105831732.
2.1 We operate the Site as an online shopping centre for buyers like you to buy great products from retailers that sell on the Site. We are not a retailer, a seller, an auctioneer, or any kind of agent or intermediary for you or any of the retailers (save where expressly stated below), and we do not sell the products available through the Site. We are not responsible for the products, the sales, the retailers, or for any returns, guarantees, warranties or other after-sale care. When you buy a product on the Site you buy from the retailer direct, not from us, the retailer is responsible for the sale and any after sale care and our role is limited to acting as agent for the retailer to conclude the sale of a product by agreeing on their behalf to your acceptance of their offer and to receive your payment. Our receipt of full payment from you will discharge your debt to the retailer.
2.2 Each sale forms a legally binding contract between you and the retailer and is subject to your usual statutory rights, including under the Consumer Credit Act legislation relating to any credit you are offered.
2.3 Where we operate a "Click and Collect" service for products you buy from retailers on the Site, we do so as carrier for those Retailers allowing them to fulfil their contract of sale with you. Ownership of (title to) the goods you purchase passes to you on collection from us and remains with the retailers (using us as their carrier) until then.
3.1 In order to operate the Site responsibly we do need to apply a few simple rules as follows:
To use the Site you must be aged at least 18 and must be resident in the UK. If you register you must provide accurate and up to date personal details, and update them promptly as they change. You must keep your password and login details secret, and not allow anyone else to use them (but you are responsible for any use of them, as if they were used by you).
3.2 If you are employed by Intu you may use the Site but only in your personal capacity.
3.3 If anyone finds out your login or password you must change them promptly. We may suspend your logon or password at any time if we need to.
4.1 You may only use the Site for your own personal, non-commercial and lawful use, and only in accordance with these terms.
4.2 You are not allowed to:
Scrape the Site, create a database based on its contents or do anything similar, hack or attempt to breach security or interfere with the proper working of the Site, use the Site for anything illegal or immoral, including the sending of any content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes intellectual property rights or the rights of any person, use the Site to transmit any data that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code, or create links to the Site from any other website without our prior written permission.
5.1 You should contact the retailer that sold the product. We work with our retailers to help them bring you exciting products via the Site, but we are not responsible for any of their products, orders, deliveries, guarantees or after care.
5.2 You can contact the retailer by logging back into your account and following the relevant links to send a message direct to the retailer.
6.1 It is your responsibility to ensure your computer or device meets all the necessary technical requirements to access and use the Site.
6.2 Like all websites, it is not possible to guarantee the Site will always be available or that it will be error-free. Also, we may withdraw, modify or suspend the Site at any time.
6.3 We are not responsible for any content on the Site from the retailers. Also, we cannot give any guarantee, representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site.
6.4 We cannot guarantee that any content of the Site will be free from viruses or similar code. It is your responsibility to implement appropriate anti-virus software.
7.1 We grant you a limited non-transferrable license to make personal use only of the Site in accordance with these terms.
7.2 We and our licensors own all right, title and interest in, and all intellectual property rights (including copyright, database rights, patents, trademarks, designs, know-how, confidential information and any other similar protected rights in any country) in the Site. The brands and logos of the retailers are owned by them and their licensors. Nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors except for the licence set out in section 7.1 above.
The Site may include links to external websites that you may find useful or interesting. We have no control over the content of these sites or for anything provided by them so we are not able to accept any responsibility for these sites or any loss or damage that may arise from your use of them. The fact that we include links to such external sites does not imply any endorsement of or association with their operators.
10.1 We may from time to time offer promotional discounts for specified purchases made through the Site.
10.2 The terms in this section 10 will apply to all promotional discounts available through the Site, together with the specific terms set out on the promotional web landing page for the relevant discount promotion and the other sections of these terms and our privacy and cookies policy. Together these form a legal agreement between you and us and can only be amended with our consent. By participating in any discount promotion, you are indicating you accept and agree to be bound by all these terms.
10.3 You should make sure you check these terms and the terms on the promotional landing page before participating in any discount promotion.
10.4 In the event of any conflict or inconsistency between these terms and the terms relating to a specific discount promotion, the terms relating to the promotion shall apply but only to the extent necessary to resolve such conflict or inconsistency.
10.5 The particular form of discount promotion will be described (such as whether the discounts are issued in the form of either a set reduction in the purchase price or a 'percentage off' items from the Site), and full details set out, in the communications (such as emails, on-site banners or computer pop-ups) we issue to tell you about each discount promotion and/or the individual promotional landing page for the discount promotion.
10.6 For the purposes of all discount promotions only, we are the promoter (and not any of the retailers who sell items on the Site).
10.7 The period of time during which each discount promotion will run and/or other restrictions on the availability of discount vouchers (or codes) for each discount promotion will be explained on the relevant promotional landing page. Each discount promotion will automatically close at the end of the relevant period, at which point no further participation in the discount promotion will be possible. Where no discount promotion period is specified, the relevant discount promotion will end when it is discontinued on the Site.
10.8 Participation in any discount promotion is voluntary. You have the choice to decline to participate in any discount promotion. To participate in a discount promotion, you should follow the instructions set out in the relevant communication you receive or on the individual landing page for that promotion.
10.9 If a discount promotion cannot proceed as planned, including due to any technical problems or circumstances beyond our control, we shall incur no liability.
10.10 Although we will do what we can to avoid this happening, we reserve the right to alter, discontinue or terminate any discount promotion, or any aspect of it, at any time, with or without giving you notice, for any reason whatever.
10.11 The terms relating to a discount promotion may be modified by us at any time by posting the modified terms on the relevant page(s) of the Site.
10.12 You will be excluded from any discount promotion if you fail to enter a valid discount voucher (or code) or omit information which is requested as part of the check-out process on the Site, or we consider (in our sole discretion) that any such information is false, fraudulent or otherwise in breach of these terms.
10.13 Our determination and decision on all matters will be final and no correspondence will be entered into. Any dispute or situation not covered by the terms will be resolved by our management in a manner it deems to be the fairest to all concerned and, subject to section 12, that decision shall be final and binding on all those who use discount vouchers (or codes) as part of any discount promotion.
10.14 Although we do not seek to exclude or limit our liability for personal injury or death caused by our negligence or for fraudulent misrepresentation or any other liability that may not, by law, be limited or excluded, we accept no liability in relation to your participation (or inability to participate) in any discount promotion, including any use made by you of (or your inability to use) any discount voucher (or code), to the maximum extent permitted by law.
10.15 Please note that there is no cash alternative in whole or in part for any discount voucher (or code) issued as part of any discount promotion. These discount vouchers (or codes) are also non-negotiable and non-transferable.
10.16 No discount voucher (or code) can be combined with another discount voucher (or code) (whether issued as part of the same discount promotion or another), offer, promotion or discount.
10.17 Unless otherwise indicated in the terms relating to a discount promotion, discount vouchers (or codes) may be used only once and solely for the relevant discount promotion.
10.18 The relevant discount voucher (or code) must be entered in the "Promotional Code" box as part of the check-out process on the Site and cannot be used retrospectively (i.e. after the relevant purchase has been made). The relevant discount will then be applied to the items from the applicable retailer(s) and will be displayed as part of the check-out process on the Site.
10.19 Finally, if you have questions about any discount promotion, please see section 14 of these terms for our contact details.
11.1 We do not exclude our liability:
For breach of any condition implied by clause 12 of the Sales of Goods Act 1979 or clauses 2 or 7 of the Supply of Goods and Services Act 1982; under Part I of the Consumer Protection Act 1987; for fraudulent misrepresentation; for death or personal injury caused by our negligence or for fraudulent misrepresentation), or for anything else we are not allowed to under applicable law.
11.2 Subject to those areas we don't exclude as explained in section 10.1 above:
You understand and agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk, and we are not liable for damages or loss you may suffer as a result of using or relying on it (or from its unavailability) including any businesses losses of any kind, any loss of profits, lost bargain, wasted time, or for any indirect or consequential losses. We are not responsible for the retailers on the Site, for your orders or deliveries, or for their products and services, or any related problems you may suffer. We act as agent for the retailer to conclude the sale of a product by agreeing on their behalf to your acceptance of their offer and to receive your payment, and we act as the retailer's carrier in respect of the "Click and Collect" service holding goods for you on their behalf. We do not make any representations warranties or terms about the Site or its operation or contents that are not set out in these terms, including any relating to fitness for purpose, quality, whether the Site will meet your requirements, its availability, the products or services available from retailers on the Site, or their availability or delivery. In any event, any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable.
These terms and conditions are governed by English law, and any dispute regarding them or the Site will only be dealt with by the English courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
13.1 This Agreement includes everything we have agreed with you about the Site and your use of the Site. No other terms or conditions apply (other than the privacy and cookies policy). Also, it is personal to you and you may not transfer or assign any of your rights or obligations under it.
13.2 If any part of these terms is unenforceable for any reason then it will be removed and the remaining terms shall survive.
13.3 If we fail to enforce any of these terms, or delay in doing so, we do not waive our right to do so.
13.4 These terms may not be changed by you unless we agree in writing.
Just submit any questions, concerns or comments you have about these terms and conditions or any problems concerning the Site by email to firstname.lastname@example.org, by telephone on 0333-344-3179 between the hours of 9am to 5pm, Monday to Friday, or write to us at: IntuDigital Customer Care, 40 Broadway, London, SW1H 0BT.