Terms and Conditions
Exertis (UK) Limited – Terms and conditions for the supply of Xbox All Access
1. TERMS AND CONDITIONS
These are the terms and conditions (Terms) which apply to the use of the Exertis Xbox All Access website (Site). By placing an order with us, you are agreeing to accept these Terms. Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms please contact us at email@example.com and tell us. These Terms are subject to change at any time and without notice. Please review these Terms before placing any order in case there are any changes.
As well as these Terms, the following terms also apply to your use of the Site:
2. Information about us and how to contact us
2.1 We are Exertis (UK) Limited a company registered in England and Wales. Our company registration number is 01511931 and our registered office is at Technology House, Magnesium Way, Hapton, Burnley BB12 7BF. Our registered VAT number is GB 864438791.
2.2 We are authorised and regulated by the Financial Conduct Authority (FCA) for regulated consumer credit activities. Our FCA firm reference number is: 724025. You can check this on the Financial Services Register at https://register.fca.org.uk. We are a credit broker and not a lender. We solely make introductions for credit products provided exclusively by Klarna Bank AB (publ) (Corporation ID number: 556737-0431) whose registered office is at Sveavägen 46, 111 34 Stockholm, Sweden (Klarna).
2.3 Klarna is authorised and regulated by the Swedish Financial Supervisory Authority and deemed authorised in the UK by the Prudential Regulation Authority. Klarna is subject to regulation by the FCA and limited regulation by the Prudential Regulation Authority. Details of the Temporary Permissions Regime, which allows EEA-based firms to operate in the UK for a limited period while seeking full authorisation, are available on the FCA’s website.
2.4 You can contact us by e-mailing us at our dedicated Xbox All Access customer service team firstname.lastname@example.org (Customer Service).
2.5 If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us in your order or by telephone.
3. Product information
3.1 The products for sale on the Site consist of a bundle comprising:
- (a) a console (choice of Xbox Series X and Xbox Series S) (Console); and
- (b) digital content via a 24 month subscription to Xbox Game Pass Ultimate (Game Pass Ultimate)
together Xbox All Access (XAA or Product).
3.2 As the Game Pass Ultimate is included as part of the Product, you cannot keep the Console and cancel your membership of Game Pass Ultimate within the 24 month subscription period. Where you return the Console to us within your rights under these Terms and the return is accepted by us and your contract is ended, your Game Pass Ultimate membership will end.
3.3 Your Game Pass Ultimate membership is delivered directly to your Console by our integration partner, Lift Forward, Inc. You may redeem your Game Pass Ultimate membership during initial Console set-up or at your convenience in the Settings app. The Game Pass Ultimate subscription will be attached to the first Microsoft account that redeems it. For more information on set-up and Digital Direct offers, visit xbox.com/digitaldirect.
3.4 As you set up your new Console, you will be prompted to redeem the Digital Direct offers that are available. If you decide not to redeem them immediately, the offers remain on the Console until they are redeemed. To redeem after set-up, please go to the Settings app.
3.5 We offer a 1 year limited hardware warranty on the Console and a 90 day warranty for the controller. For additional support information please see https://support.microsoft.com/devices. We recommend registering your Console at https://support.microsoft.com/devices on purchase so that you can at any time check the warranty status of your Console. Please note that even if your Console is not working, monthly payments will continue until the remaining balance on your Klarna load is paid in full (see payment terms at clause 13). This does not affect your statutory rights or your rights under these Terms.
4.1 You must be a permanent UK resident and aged eighteen years or older to use this Site. This is a requirement as all Products on this Site are only available for purchase on fixed sum credit through our finance partner, Klarna. Please see payment terms at clause 13 for more details.
5.1 When you place an order, you agree that any and all information given is accurate and complete.
5.2 All orders are subject to product availability and to acceptance of your order by Klarna and us. When you place a Product in the basket, you will be asked for your name and contact details which we require for shipping the Product. You will then be asked if you wish to continue to the Klarna portal where Klarna will require information from you to assess your credit application. We do not see your credit application information.
5.3 At the point that you continue to the Klarna portal, if your credit application is accepted by Klarna, you will receive an e-mail confirming acceptance of your order and setting out the details of your order including an order number, Product details, price and delivery address. Please check that all of the details are correct and notify us immediately at Customer Service if any details are incorrect. It will help us if you can tell us the order number whenever you contact us about your order.
5.4 No contract of sale is created between us until we accept your order by sending you a confirmation e-mail and shipping the Product to you.
5.5 We cannot accept your order if: your credit application is not accepted by Klarna, if the Product is out of stock, 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 Product or because we are unable to meet a delivery deadline specified.
5.6 Product availability is displayed on the Site. Some products may only be available in limited quantities. We rely on our computer systems for stock control so information may occasionally be inaccurate. If that happens, we will contact you to try to resolve the issue, but we might have to cancel the contract in which case your credit agreement with Klarna will automatically terminate and a credit for any payments already made will automatically be applied to your bank account. When you place an XAA in the basket, you will be directed through to Klarna, who will manage your credit application. We will hold the Product in the basket for 30 minutes from the point that you enter the Klarna application process, after which your session will expire and your basket will be emptied.
5.7 You may only order one XAA per customer or household or order.
5.8 We only sell from the UK to permanent UK residents. We do not accept orders from addresses outside the UK.
5.9 We try to provide accurate measurements/dimensions in respect of the Products we sell but these may not include protruding features such as controls or handles. Images of the XAAs on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we can’t guarantee that a device’s display of the colours accurately reflects the colour of the XAAs. Your XAA may vary slightly from those images.
5.10 The packaging of the XAA may also vary from that shown in images on the Site.
6. Your rights to make changes
6.1 If you wish to make a change to the XAA you have ordered, please contact us at Customer Service. We will let you know if the change is possible. If it is possible we will let you know if that will mean any change to the price of the XAA, the timing of supply or anything else which would be necessary as a result of your request and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or you are not happy with the consequences of making the change, you may want to end the contract (please see clause 9 which sets out your rights to end the contract).
7. Our rights to make changes
7.1 We may change the XAA and/or suspend supply:
- (a) to reflect any changes in relevant laws and regulatory requirements; and
- (b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the Product.
8.1 Delivery costs will be as displayed to you on the Site.
8.2 Delivery times will be notified to you during the order process and you will be sent an e-mail once the Product has been dispatched from our warehouse. You will also receive a text message from our third party courier (DHL) on the morning of proposed delivery with a two hour delivery window.
8.3 We are not responsible for delays outside our control. If our supply of the XAA 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 see clause 9.1 for your cancellation rights.
8.4 If you are not at home when the XAA is delivered or no one is available at your address to take delivery, our courier will attempt a redelivery the next day, failing which the courier will leave you a note telling you how to rearrange delivery or you may contact Customer Service. You will be given an option to reroute delivery to a choice of local service points.
8.5 If you do not re-arrange delivery after two failed delivery attempts to you, we will contact you for further instructions but we may charge you for storage costs and any further delivery costs. If, despite reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 11 will apply.
8.6 You become responsible for goods from the time we deliver the XAA to you at the address you gave us or when you collect it from the service point.
8.7 We may need certain information from you so that we can supply the XAA to you. If so, we will tell you in the description of the XAAs on the Site and we will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may end the contract (and clause 11.2 will apply). We will not be responsible for supplying the XAAs late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.8 We will contact you in advance to tell you we will be suspending supply of the XAA unless the problem is urgent or an emergency. You can contact us to end the contract for a XAA if we suspend its supply for more than 30 days, or we tell you we are going to suspend supply for more than 30 days in which case your credit agreement with Klarna will automatically terminate and a credit for any payments already made will automatically be applied to your bank account.
9. Cancellation and returns
9.1 If you change your mind within 30 days after delivery of your XAA, you may return the XAA to us and end the contract provided it is unused, unopened, in its original condition and packaging and in a re-sellable condition (Goodwill Refund Policy). Please note, these terms reflect the goodwill guarantee offered by us to our UK customers, which is more generous than your legal rights under the Consumer Contracts Regulations in the ways set out below. This Goodwill Refund Policy does not affect your legal rights in relation to faulty or misdescribed products (see clause 12.2):
|Right under the Consumer Contracts Regulations 2013||How our Goodwill Refund Policy is more generous|
|14 day period to change your mind.
Consumer to pay cost of returns.
|30 day period to change your mind.
We pay the cost of returns.
9.2 If the XAA is faulty or misdescribed, you may have a legal right to end the contract (or to get the XAA repaired or replaced). Please see clause 12 for more information.
9.3 If you are ending a contract for the reasons set out below at (a) to (e), the contract will end immediately and your credit agreement with Klarna will automatically terminate and a credit for any payments already made will automatically be applied to your bank account and you may also be entitled to compensation. The reasons are:
- (a) we have told you about an upcoming change to the XAA or these terms which you do not agree to (see clause 7.1);
- (b) we have told you about a mistake in the price or description of the XAA you have ordered and you do not wish to proceed;
- (c) there is a risk that supply of the XAAs may be significantly delayed because of events outside our control;
- (d) we have suspended supply of the XAAs for a period of more than 30 days for technical reasons, or we tell you we are going to suspend them for more than 30 days for technical reasons; or
- (e) you have a legal right to end the contract because of something we have done wrong.
10. How to end the contract with us (including if you have changed your mind)
10.1 Tell us you want to end the contract by doing the following:
- (a) If you are within the Goodwill Refund Policy period and would like to return the Product and request a refund (either due to a change of mind or a technical or quality issue), please contact Customer Service.
Please note, you will be required to provide the following details when requesting a refund:
- Reason for return (change of mind or technical or quality issue)
- Order Number
- Collection address
- (b) If you are outside the Goodwill Refund Policy period and the reason for your refund request is due to a technical or quality issue then please contact https://support.microsoft.com/devices.
10.2 If you end the contract for any reason after an XAA has been dispatched to you or you have received it, you must return the XAA to us. In order to arrange your return we will e-mail you with a return reference number known as an RMA. Once you submit all the required information to Customer Service it can take up to two working days to arrange an RMA and send this number back to you. At the same time as providing you with the RMA number we will send you details about your collection date and details for packaging. Our courier will provide the parcel label and a receipt on collection. Once the XAA has been collected by us, it can take up to 2 working days to be returned to the warehouse.
10.3 If you would like to cancel your order prior to delivery, please email Customer Service stating your order number and request to cancel in the subject heading. If your order has already been dispatched or delivered you will receive notification advising you that your order has been shipped. Once your XAA is delivered, you will be contacted for the return to be arranged. Please do not refuse delivery of your order as this may delay the return and subsequent refund of your order.
10.4 We will arrange collection and pay the costs of return in all circumstances, including where you are exercising your right to change your mind.
10.5 Once your return is received at our warehouse, in the case of “change your mind” returns, we will inspect the XAA to ensure that it is in a resaleable condition. If the return is approved, then the contract will end, your credit agreement with Klarna will automatically terminate and a credit for any payments already made will automatically be applied to your bank account, in no more than 14 . If a “change of mind” return is not resaleable, we will contact you to arrange to deliver the XAA back to you and the contract will continue.
10.6 In the event that your return relates to a fault in the Product which arises within 30 days of delivery, please contact Customer Service following the process in clause 10.1. Provided you return the Console to us and the serial number is verified by us, we will offer you the option of an exchange (subject to availability) or cancellation of your contract in which case the contract will end, your credit agreement with Klarna will automatically terminate and a credit for any payments already made will automatically be applied to your bank account within 14 days. If you wish to return a faulty item after 30 days from delivery, please refer to clause 12.3.
10.7 If you haven’t received your refund (where payable), first please check your bank account again as it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact Klarna at https://www.klarna.com/uk/customer-service/.
11. Our rights to end the contract
11.1 We may end the contract if you break it; we will write to you and tell you we are doing so if:
- (a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the XAAs or to check the accuracy and validity of any information supplied by you, including your identity;
- (b) you do not, within a reasonable time, allow us to deliver the XAAs to you;
- (c) you breach any of these Terms;
- (d) we suspect you have engaged, or are about to engage, or are in any way involved in fraudulent or illegal activity on the Site.
11.2 If we end the contract in the situations set out in clause 11.1, your credit agreement with Klarna will automatically terminate and a credit for any payments already made will automatically be applied to your bank account.
11.3 We may withdraw the Products – if so, we will write to you to let you know that we are going to stop providing the Products. We will tell you in advance of our stopping the supply of the Products and your credit agreement with Klarna will automatically terminate and a credit for any payments already made will automatically be applied to your bank account.
12. If there is a problem with the XAA
12.2 We are under a legal duty to supply XAAs that conform with this contract. The box below summarises your key legal rights in relation to the XAA. Nothing in these terms will affect your legal rights. We do not cover faults caused by accident, neglect, misuse or normal wear and tear.
|Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your XAA your legal rights entitle you to the following:
· up to 30 days: if your goods are faulty, then you can get an immediate refund.
· up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
· up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also our Goodwill Guarantee policy in clause 9.1.
12.3 If you want to exercise your legal right to reject your XAA and you are within the Goodwill Guarantee Policy period, please follow the process set out in clause 10.2. If a defect arises after expiry of 30 days from the date of delivery, please contact https://support.microsoft.com/devices in the first instance. If you still require assistance, please contact us at Customer Services.
13. Price and payment
13.1 The price of the XAA (which includes VAT) will be the price indicated on the order pages when you placed your order (including delivery). We take all reasonable care to ensure that the price of the XAA advised to you is correct. However please see clause 13.3 which tells you what happens if we discover an error in the price of the XAA you order.
13.2 We will pass on changes in the rate of VAT between your order date and the date we supply the XAA.
13.3 It is always possible that despite our best efforts, some of the Products we sell may be incorrectly priced. We will endeavour to check prices before accepting your order so that, where the Product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mistake, we may end the contract and require the return of any Products provided to you, provided we cancel your credit agreement with Klarna and a credit for any payments already made will automatically be applied to your bank account.
13.4 The only payment method offered through this Site is via fixed sum credit over 24 months with Klarna. Further information and Klarna’s terms and conditions can be accessed www.klarna.com/uk/terms-and-conditions. You can also find general information on Klarna here.
14. Our responsibility for loss or damage suffered by you
14.1 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 this contract 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 the contract was made, both we and you knew it might happen; for example, if you discussed it with us or told us during the sales process.
14.2 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 XAAs as summarised at clause 12.2; and for defective XAAs under the Consumer Protection Act 1987 – see section 3 for the meaning of “defective”.
14.3 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 for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
14.4 We only supply the XAAs for domestic and private use. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.5 Subject to the provisions above, our total cumulative liability to you is limited to a sum equal to the amount paid by you for the relevant XAA in respect of one incident or series of incidents attributable to the same cause.
14.6 This clause 14 does not affect your statutory rights as a consumer.
15. How we may use your personal information
16. Other important terms
16.1 We may transfer our rights and obligations under these terms to another organisation.
16.2 You may only transfer your rights or your obligations under these terms to another person if you notify and we agree to this in writing.
16.3 This contract is between you and us. No other person has any rights to enforce any of its terms.
16.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not stop us taking steps against you at a later date.
16.6 These Terms are governed by English law and you can bring legal proceedings in respect of the XAA in the English courts. If you live in Scotland you can bring legal proceedings in respect of the XAA in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the XAA in either the Northern Irish or the English courts.