Terms & Conditions
Welcome to the Official Online Store of Heart of Midlothian FC. Please read the following terms and conditions (the “Terms and Conditions”) carefully before using this website. By using this website or any sub-site accessible on this website, the user ("user" or "you") accepts, without limitation or qualification, the Terms and Conditions set out below and any additional Terms and Conditions set out in any sub-site. If you do not agree to these Terms and Conditions, you should exit the website.
We will notify users of any material changes to the Terms and Conditions by publishing a notice of such changes on the home page of this website. Your continued use of this site implies that you accept to be bound by any updated version of the Terms and Conditions. You may wish to open these terms and conditions in another browser window so you may print them out.
OWNERSHIP AND OPERATION
HeartsDirect.co.uk and the Hearts Clubstore are operated by Heart of Midlothian Football Club. .
Once a name or number has been printed on a shirt we will not offer a refund or exchange unless the shirt is faulty. The same applies if a player leaves the club or changes his squad number during his time at the club.
Under Consumer Protection (Distance Selling) Regulations 2000, Clause 13.1C "Any personalised products cannot be returned should the sizing not be found to be appropriate". We therefore STRONGLY RECOMMEND as sizes do vary between manufacturers and products that any item to be personalised has been physically tried on by the customer PRIOR to purchase as no refund can be given in these circumstances.
In return for allowing you to use the Hearts website and benefiting from our services, you agree that any information you provide us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If incorrect information is supplied, any contractual obligation Hearts has is immediately null and void.
Conditions of Registration
If you are under 18, you must ask your parents or guardians before you:
a) E-mail the website, or ask Hearts to e-mail anything to you;
b) Send in any information to Hearts;
c) Buy anything online
By continuing to use this website and any of the services offered, you are confirming that you have received the consent of your parents or a guardian. PLEASE NOTE that all minors are recommended to discuss these terms and conditions with their parents before they complete the registration process.
Items containing alcohol can only be ordered by and delivered to those aged 18 or over and must not be purchased for onward supply to persons under 18 (UK).
You acknowledge and agree that all content included on this website including but not limited to website design, text, graphics, audio clips, visual clips, logos, button icons and the selection and arrangement thereof shall remain at all times vested in Heart of Midlothian Football Club, Hearts or its content suppliers and is protected by UK and international copyright laws. You are permitted to use this material only as expressly authorised by the applicable rights holder. Subject to the foregoing, the page headers, custom graphics and button icons are (unless indicated otherwise) service marks, trademarks, and/or trade dress of Heart of Midlothian Football Club..
All software used on this website is the property of Hearts, Hearts and is protected by UK and international copyright laws ALL RIGHTS ARE RESERVED. Permission is granted to electronically copy and to print in hard copy portions of this website for the purposes of placing an order with Hearts and using this website as a shopping resource only. Any other use of materials on this website including but not limited to reproduction for purposes other than those noted above, modification, distribution, transmission, broadcasting, republication, downloading or uploading without the prior written permission of Hearts is strictly prohibited.
NOTIFICATION OF COPYRIGHT INFRINGEMENT
Hearts will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Legal Department with a notice (“Notice”) containing the following elements:
a) A physical or electronic signature of the person authorised to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
b) A description of the copyrighted work or works that you claim have been infringed and which you request to be removed from the site;
c) A description of the location of the material that you claim is being infringed;
d) Information sufficient to permit Hearts to contact you, such as your physical address, telephone number and e-mail address;
e) A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorised by the copyright owner, its agent, or the law;
f) A statement by you that the information in your Notice is accurate and that you are the copyright owner or are authorised to act on the copyright owner's behalf.
You can notify Hearts of any claims of copyright infringement at the following address:
Heart of Midlothian FC
c/o Hearts Clubstore
You acknowledge and agree that trademarks included on this website shall remain at all times vested in, Heart of Midlothian Football Club or any third party licensing use thereof to Heart of Midlothian Football Club . You further undertake not to use any such trademarks without the prior written consent of Heart of Midlothian Football Club Hearts Limited, Heart of Midlothian Football Club Trademarks or Third Party Trademarks without the prior written consent of Heart of Midlothian Football Club or such third parties as own the applicable trade mark. The Heart of Midlothian Football Club logo is an official trade mark of Heart of Midlothian Football Club and is the subject of extensive trade mark registration worldwide.
For further information on intellectual property matters contact our Legal Department at the above address.
CONTENT SUPPLIED BY USERS
If you send communications or materials to this website by electronic mail or otherwise, concerning any comments, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material infringes any of your rights including without limitation moral rights, proprietary rights or any other right, including the right to approve the way in which Hearts uses such material.
Any material submitted to this website, may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used on a royalty free basis by Hearts anywhere in the world, in any medium, in perpetuity.
AMENDING THE TERMS AND CONDITIONS OF USE
Hearts may add to, change or remove any part of these Terms and Conditions at any time. When material changes are made to the Terms and Conditions, a notice will be published on the home page of the Hearts website notifying users that such changes have been made. By continuing to use this website after the publication of such a notice, you are indicating your acceptance of those changes. Hearts may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.
USE OF THE SITE
You agree that you will only use our website in a way which is consistent with the Terms and Conditions and which complies with applicable laws and regulations. In particular you agree that you will not use this website to upload or send any material which contains software viruses or other codes, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this website. You acknowledge that this website and any goods that you obtain from our website are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission.
The Help Zone tells you how to order and pay for products. It also addresses any questions you might have about delivery of your products, your right to cancel orders or return faulty products to us and our quality assurance.
Hearts reserves the right to decline orders for bulk or high value purchases and to change price and availability information without notice.
Please note that any promotions/offers on the website cannot be used in conjunction with any other discounts.
PRE-ORDERING ITEMS FROM HEARTS
Hearts will pre-authorise and charge for all pre-ordered items . The reason is to ensure that stock is allocated against your order. It is also sometimes necessary for the customer to confirm details contained within the order.
Orders with different stock availability - If you have selected multiple items with different availability times then we will despatch your order when all items are ready.
Hearts may provide links to websites owned by Hearts and associated companies from time to time and/or websites that are owned by third parties that are not connected with Hearts including other websites owned by Hearts Limited. All links are provided for your convenience only. Access to websites that are owned by third parties is at your own risk and none of Hearts has any responsibility or liability for such third party websites.
Hearts will endeavour to ensure that this website is fully operational at all times. However we cannot guarantee that the website will be fault free. In particular, access to this website may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.
Further, by using this website and any sub-site, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of Hearts and if Hearts is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a 'force majeure' and Hearts shall be excused the performance for so long as such a situation endures.
For the purposes of these Terms and Conditions, the term 'force majeure' shall be deemed to include any cause affecting the performance by Hearts of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of Hearts and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.
Hearts reserves its right to restrict, suspend or terminate your use of this website or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and Conditions.
You agree to indemnify, defend and hold Hearts, all of their associate companies, their directors, employees, information providers, licensors and licensees, officers and partners, (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions. You will co-operate as fully as reasonably required by Hearts as the case may be, in defence of any claim. Hearts reserves the right, at their own expense, to assume the exclusive defence and control of any matter and you shall not in any event settle any matter without the written consent of Hearts.
We may amend this website and our services in any way and at any time with or without notice to you.
COMPLAINS AND COMMENTS
If you have any complaints or comments about our website or any of the products supplied to you, please contact Hearts through the Contact Us section on the website. Alternatively, you can call us Monday-Friday between 9 am and 5:00 pm local UK time. UK customers should call 0333 043 1874 & press Option 2. Customers from outside the UK should call +44 (0) 333 043 1874.
In situations where Hearts gives you the option to subscribe to its email service which will update you with news or information which it considers to be of interest to you, your use of the content received through the email service will be subject to these Terms and Conditions.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, none of Hearts nor any of their respective directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if Hearts have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall Hearts’ total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.
This website and its contents are provided without any representations or warranties of any kind, either express or implied. Hearts disclaim all representations and warranties, including by way of example but not limitation, as to fitness for a particular purpose, to the fullest extent permitted by applicable laws. In addition, Hearts not represent or warrant that the information and/or facilities accessible via this website are accurate, complete or current, or that this website will be free of defects, including, but not limited to, viruses or other harmful elements. The user of this website assumes all costs arising as a result of the use of this website.
These Terms and Conditions and any contracts made under them are governed by and shall be governed and construed in accordance with the laws of Scotland whose courts shall be courts of exclusive competent jurisdiction. We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access this website from locations outside the United Kingdom do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under Scottish law.