General
Please review these terms of use carefully as by downloading and/or using this app you agree to be bound by them and that your use of the app is subject to them.
This app is provided by Argos Limited (a company registered in England and Wales with company number 01081551) of Avebury, 489-499 Avebury Boulevard, Milton Keynes, MK9 2NW which is part of Home Retail Group plc ("Argos"). For further details about Argos, please see www.argos.co.uk.
Intellectual Property
1.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this app shall remain at all times vested in us or our licensors. You are permitted to use this material material and/or content (including the intellectual property rights in such material and/or content) only as expressly authorised by us or our licensors in these terms of use.
1.2 You acknowledge and agree that the material and content contained within this app is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this app. You further acknowledge that any other use of the material and content of this app is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
1.3 You further acknowledge and agree that you will not modify, adapt, translate, create derivative works from, decompile, reverse engineer, dissemble or otherwise attempt to derive source code from this app (except to the extent that such is permitted by any licence agreement governing use of any open source software components contained within the app).
Liability
2.1 Nothing in these terms of use excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
2.2 Subject to Section [2.1] above, Argos will use reasonable endeavours to verify the accuracy of any information on or available through the app but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the app or that it will be timely or error-free, that defects will be corrected, or that the app or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the app. Argos accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on or available through the app.
2.3 Subject to Section [2.1] above, you acknowledge that the app is provided on an "as is" basis and any indemnities, warranties, terms of use (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
2.4 Subject to Section [2.1] above, Argos will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms of use for any:
2.5 Notwithstanding the above, but subject to Section [2.1] Argos' aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to fifty pounds sterling (£50) in respect of one incident or series of incidents attributable to the same clause.
2.6 This clause [2] does not affect your statutory rights as a consumer.
2.7 We will take all reasonable precautions to keep the details of
any reservations you make through the app secure, but, unless we are
negligent, we cannot be held liable for any losses caused as a result of
unauthorised access to information provided by you.
Miscellaneous Provisions
3.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
3.2 We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
3.3 To provide increased value to our customers, we may provide links to other websites or resources from the app for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
3.4 You may not assign or sub-contract any of your rights or obligations under these terms of use or any related order for products to any third party unless agreed upon in writing by Argos.
3.5 Argos reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms of use or any related contract to any third party.
3.6 If any portion of these terms of use is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms of use shall not be affected.
3.7 These terms of use do not create or confer any rights or
benefits enforceable by any person that is not a party (within the
meaning of the Contracts (Rights of Third Parties) Act 1999) except:
a) the Group (as defined on the Privacy Policy page) shall have the
right to enforce any rights or benefits under these terms of use;
b) the Group shall have the right to enforce and take the benefit of
the rights or benefits of any limitation or exclusion or limitation of
liability in these terms of use;
c) a person who is a permitted successor or assignee under Section 3.5
above of the rights or benefits of these terms of use may enforce such
rights or benefits.
d) No consent from the persons referred to in Section 3.5 is required
for the parties to vary or rescind these terms of use (whether or not in
any way that varies or extinguishes rights or benefits in favour of
such third parties).
3.8 No delay or failure by Argos to exercise any powers, rights or remedies under these terms of use will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Argos.
3.9 These terms of use including the documents or other sources
referred to in these terms of use supersede all prior representations
understandings and agreements between you and Argos relating to the use
of this app (including the order of products) and sets forth the entire
agreement and understanding between you and Argos for your use of this
app.
FastTrack
4.1 For FastTrack orders the email/SMS is an acknowledgement of your order, and does not constitute acceptance. Acceptance of your order and completion of the contract will take place on collection of the goods.
4.2 Title to any products you order on via this app shall pass to you on delivery of the products provided that we have processed and received payment in full for the products. For FastTrack orders, the title to products shall pass to you once the goods have been collected from the store.
4.3 a) Online price errors. If we discover an error in the price of goods ordered or reserved, we will inform you as soon as possible (e.g. prior to the goods being despatched or in store prior to the collection of the goods). We will provide you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you choose to cancel and have already paid for the goods you will receive a full refund.
b) If you reserve a product and the price changes (due to normal fluctuations e.g. goods going into or coming out of promotion) before you collect the item, you may request to pay the lowest of i) the price on reservation or ii) the prevailing price in store at the time of collection. This will also apply if your reservation is extended but not if the reservation collection window has expired.
Proof of reservation would include: -
4.3.1 If, in our opinion, any person or persons, whether acting on behalf of themselves or a business, engages in practices that call into question the fair use of the check and reserve system, we reserve the right to cancel reservations and / or to restrict / block access to the check and reserve system for that person or persons. Examples of such activity may include placing significant numbers of reservations where the goods are not subsequently collected, placing significant numbers of reservations for the same product without them being subsequently collected and the selling of reservation confirmations. This list is not exhaustive.
4.4 We will take payment from your card at the time we receive your order, once we have checked your card details and stock availability. Goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods. Please note that FastTrack orders cannot currently be paid for using PayPal.