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Your access to and use of the QVC Services is subject to these Terms, which incorporate the separately posted Privacy Statement and QVC Community – Standards for Participation, and other policies, and modifications issued by QVC. If any of the QVC Services, such as QVC's widgets, set forth separate or additional terms and conditions of use, privacy statement, or other policy ("Separate Terms"), then those Separate Terms as modified from time to time shall apply in connection with your use of that QVC Service. To the extent there is a direct conflict between such Separate Terms and these Terms, the Separate Terms shall govern for that conflict. If you do not want to be bound by these Terms or policies, do not use OR ACCESS the QVC Services. These Terms do not govern your use of any websites of QVC's affiliates based outside the United States or of any other services offered by QVC's affiliates outside the United States.
PLEASE CAREFULLY REVIEW: THESE TERMS CONTAIN A BINDING DISPUTE RESOLUTION AND ARBITRATION SECTION THAT INCLUDES AN AGREEMENT TO ARBITRATE DISPUTES WITH QVC ON AN INDIVIDUAL BASIS, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
Among other things, the QVC Services provide information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by the QVC Services in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein.
1. Changes in Terms
QVC shall have the right at any time and at its sole discretion to revise these Terms or to impose new terms and conditions with respect to access to or use of the QVC Services. Such revisions and additions shall be effective immediately upon notice thereof or as otherwise described in the notice, which may be given by any means, including without limitation, posting the revised or additional terms and conditions on the QVC Services. You are responsible for reviewing these Terms periodically for any modification to these Terms that may affect your rights or obligations hereunder. ANY ACCESS OR USE OF THE QVC SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than QVC shall be valid or enforceable against QVC unless expressly agreed to by QVC in a writing signed by a duly authorized officer of QVC.
These Terms are effective until terminated by QVC. QVC may terminate these Terms without notice and at any time in connection with any of the QVC Services. In the event of termination, you are no longer authorized to access those QVC Services, and the restrictions imposed on you with respect to the Content (as defined in Section 8), the disclaimers, indemnities, and limitations of liabilities, and the Dispute Resolution and Arbitration Agreement (as defined in Section 16), set forth in these Terms shall survive termination.
QVC shall also have the right without notice and at any time to terminate some or all of the QVC Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the QVC Services or any feature or portion thereof.
3. Prices; Orders; Shipping and Handling
All prices displayed in the QVC Services are quoted in U.S. dollars. QVC may restrict delivery to addresses within the United States. QVC will add shipping and handling fees and applicable sales/use tax. QVC reserves the right to discontinue or change specifications and prices on products and services offered through the QVC Services without prior notice and without incurring any obligation to you. Products and services offered on this site are available while supplies last. Descriptions of, or references to, products or services offered by the QVC Services do not imply endorsement of that product or service, or constitute a warranty, by QVC.
Your receipt of an order confirmation from either QVC or a third party payment processing service such as PayPal, does not constitute QVC's acceptance of an order. Prior to QVC's acceptance of an order, verification of information and approval of the order may be required, including without limitation approval of Easy Pay® terms. Please note: certain payment methods, including prepaid cards, may not be available for items purchased with Easy Pay. QVC reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation, for any reason. QVC reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, QVC shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card or other payment method has been charged. If your credit card or other payment method has already been charged for the purchase and your order is canceled, QVC shall promptly issue a credit to your credit card account or other payment method in the amount of the incorrect price. QVC shall not be responsible for any typographical errors, inaccuracies or omissions that may relate to product description and availability and reserves the right to correct any errors, inaccuracies, or omissions.
The risk of loss and title for all products purchased by you and shipped by QVC or one of QVC’s vendors pass to you upon delivery to the carrier for shipment.
QVC will refund any overcharged sales or use tax to a customer up to three years from the date of the customer's request for a refund.
The shipping and handling fee includes, among other things, labor costs to receive, select and package the item for shipment; the costs of packaging and other supplies; internal (overhead) costs to process the order; and fees paid to carriers who ship the item and deliver the item to you. Please note that the shipping and handling fee may exceed the actual fee paid by QVC to its carriers to send the item to you. Sales tax may be assessed on the shipping and handling fee in certain states, where applicable.
4. QVC Returns and Exchanges Policy
QVC wants you to be completely satisfied with your purchase through the QVC Services. If for any reason you are not entirely pleased with a product you purchased through the QVC Services, simply return it within 30 days of receipt for an exchange, or a refund of the purchase price minus the shipping and handling and Q Return Label fee. For exchanges, an additional merchandise cost may apply, which cost will be charged to the credit card or other payment method used for the original order or deducted from any merchandise credit on your account for checks. If you paid by check and there is an additional merchandise cost for the exchange exceeding the amount of any merchandise credit on your account, an additional form of payment will be required. If an item is returned as defective or because QVC was in error, QVC will refund the shipping and handling and will not deduct the Q Return Label fee. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.
Our Returns & Exchanges policy is available at https://www.qvc.com/content/information/returns.html.
5. Coupons and Promotional Codes
Coupons and promotional codes provided to you are for your individual use only. You may not transfer, offer for sale, publish or otherwise share QVC coupons and promotional codes unless the terms of the promotion expressly allow you to do so. QVC reserves the right to cancel orders when it has reason to believe that any coupon or promotional code is being used by someone other than the intended recipient, or in the case of suspected abuse, misuse or fraud.
6. Compliance with Laws; Acceptable Use
You agree to comply with all laws, statutes, ordinances, and regulations regarding your use of the QVC Services and your purchase of products or services through them. You are responsible for your use of the QVC Services, and for any use of QVC Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the QVC Services, you agree to abide by our QVC Community – Standards for Participation.
You must be at least 18 years old to use the QVC Services. If you are under 18 years old (a minor), your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the QVC Services with permission from your parent or legal guardian.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, software, trademarks, logos, brand elements, and other material provided by QVC on or through the QVC Services, as well as the selection, assembly, and arrangement thereof, are referred to herein collectively as the "Content".
The Content may contain errors, omissions, or typographical errors or may be out of date. QVC may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on QVC in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by QVC or by third parties that have licensed their use to QVC under U.S. and international laws. The look and feel of the QVC Services are copyright © QVC, Inc. All rights reserved. You may view and use the Content only for your personal information and for shopping and ordering on or through the QVC Services, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, QVC does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the QVC Services, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by QVC, is strictly prohibited.
9. Submissions; Intellectual Property Infringement Claims
Except as otherwise expressly provided herein or in QVC’s separately posted Privacy Statement, any communication or material you transmit to QVC through the QVC Services by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, essays, questions, comments, suggestions, any ideas for features, modifications, enhancements, refinements, products, technologies, content, offerings, promotions, strategies, or product feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Submissions”), is and will be treated as non-confidential and non-proprietary. You grant to QVC, QVC vendors, and/or their respective affiliates or related entities, a non-exclusive, perpetual, irrevocable, transferable, fully paid, royalty-free license to use any Submission for any purpose, including without limitation reproduction, storage, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. QVC has no obligation to review, consider, or implement your Submission, or to return to you all or part of any Submission for any reason.
For all Submissions, you represent and warrant that: (a) you have full authority to license the Submission to QVC; (b) the Submission does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; (c) the Submission is accurate; and (d) the use of the Submission will not violate these Terms and will not cause injury to any person or entity. You hereby grant QVC a perpetual, fully paid, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, publicly perform, create derivative works from, distribute, and display such content throughout the world through any media, including, but not limited to, the broadcast of Submissions on television and its commercial use. You grant QVC and its sublicensees the right to use the name, user name, images, messages, etc. that you submit in connection with Submissions. QVC has the right but not the obligation to monitor any activity and to edit or remove any Submissions. QVC takes no responsibility and assumes no liability for any Submissions posted by you or by any third party.
You may post or upload content created by you, including but not limited to, photographs, videos, images, and comments (“User Submissions”) to your social media accounts. By posting and uploading User Submissions with the tag #LoveQVC or other QVC brand hashtags, you grant QVC its subsidiaries and affiliates , as well as its third-party service providers who provide content management services (collectively, “Third-Party Licensees”) a non-exclusive, perpetual, irrevocable, fully paid, transferable, royalty-free license to use your QVC-tagged User Submissions in any manner and in all means and media at QVC’s sole discretion, including but not limited to on its web pages, social media accounts operated by QVC, in email campaigns and in other marketing, promotional, and advertising initiatives. QVC may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner and without notification or obligation to you. By use of the #LoveQVC or QVC brand hashtags, you grant QVC and its Third-Party Licensees the right to use your username, real image, likeness, caption, location, and/or other identifying information in connection with any use of your User Submissions. By utilizing the #LoveQVC or other QVC brand hashtags, you hereby represent and warrant that (i) you own all rights in and to your User Submissions; (ii) that all necessary permissions or consents were obtained by you for the individuals or content contained in your User Submissions; (iii) you are not a minor; and (iv) QVC’s use, or that of its Third-Party Licensees will not violate any laws or rights of any third parties. You release and discharge QVC, its Third-Party Licensees, and any person acting on QVC’s behalf, from any liability related in any way related to the permitted use of your User Submissions.
We may refuse to accept or transmit User Submissions for any reason. We may remove User Submissions from the QVC Services for any reason.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Reporting Copyright Infringement Claims
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the QVC Copyright Agent the written information specified below:
The QVC Copyright Agent for notice of claims of copyright infringement can be reached as follows:
email: CopyrightAgent@qvc.com or
Attn: Copyright Agent
Legal Department Mail Code 207
1200 Wilson Drive
West Chester, PA 19380
Reporting All Other Intellectual Property Infringement Claims
If you believe that any other intellectual property rights of yours have been violated, please mail a physical copy of your communication setting forth your allegations of infringement, along with any relevant attachments, to the following address:
Attn: General Counsel
Legal Department Mail Code 207
1200 Wilson Drive
West Chester, PA 19380
10. Third Party Sites and Content
Links to other Internet sites operated by third parties, including QVC vendors, do not constitute sponsorship, endorsement, or approval by QVC of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by QVC, and QVC is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
To the extent any Content is provided by third parties, QVC includes it for informational purposes only. Pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services are not considered or treated as publishers or speakers of information that is provided by other information content providers.
11. Disclaimer and Limitation of Liability
PRODUCTS AND SERVICES SOLD BY QVC MAY BE SUBJECT TO APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS.
YOU USE THE QVC SERVICES AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, QVC AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND LICENSORS (REFERRED TO IN THIS SECTION 11 COLLECTIVELY AS THE “AFFILIATES”) MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE QVC SERVICES, THE PRODUCTS OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, QVC ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE QVC SERVICES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE QVC SERVICES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE QVC SERVICES IS PROVIDED TO USERS ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. THE "AS IS" AND “AS AVAILABLE” CONDITIONS OF CONTENT ARE EXPRESSLY MADE CONDITIONS OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE QVC SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL QVC OR ITS AFFILIATES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE QVC SERVICES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF QVC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE QVC SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QVC OR THROUGH THE QVC SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, QVC’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM PROVIDED, HOWEVER, THAT THE LIMITATION SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE FROM QVC.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless QVC, QVC's vendors, and their affiliates and related entities, and its and their respective directors, officers, employees, and agents from and against all claims, proceedings, demands, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your actual or alleged breach of these Terms or your access to or use of the QVC Services. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the QVC Services or any product or service provided to you arising out of or relating to your use of the QVC Services.
13. Text Message Services and Communications
If you have subscribed to a QVC text message program, the QVC Services will include text message services, including the ability to use text messaging to receive and reply to messages from QVC (collectively the "Text Message Services"). Your voluntary provision of a mobile number to QVC constitutes your consent that we, or someone acting on our behalf, may contact you by phone or text message at that phone number, and your consent to receive such communications for transactional, operational, or informational purposes. When you provide your phone number to us, you warrant that you are the current subscriber or customary user of that phone number. You understand and agree that such calls and/or messages may be sent using automated technology, including but not limited to an automatic telephone dialing system or artificial or prerecorded voice. You understand and agree that you may not revoke your consent to be contacted in this manner, though QVC may elect to honor such requests. You agree to immediately contact us if any number you have provided to QVC is no longer associated with you. Your failure to provide and update your accurate information is a breach of these Terms. You agree that any telephone calls or other communications between us and/or our agents and you and/or your agents may be monitored and/or recorded.
Although QVC does not charge you for Text Message Services, standard message and data rates may apply. Certain Text Message Services may be prohibited or restricted by your mobile carrier, and not all Text Message Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Text Message Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Text Message Services, and how much they will cost you. By signing up for the Text Message Services, you agree to receive a single text message or multiple text messages from QVC, as noted at the time you sign-up (whether you receive a single text message or multiple text messages will depend upon the text message program for which you have enrolled). You will receive a confirmation text message and you may need to reply "Y" or "yes" (or similar reply) to complete your sign-up. In the event you change or deactivate your mobile telephone number, you agree promptly to update your text message subscription account information to ensure that the text messages QVC sends you are not sent to another person who acquires your former mobile telephone number. Your use of the Text Message Services is subject to our Privacy Statement.
To opt out of Text Message Services, text "STOP" to QVCGO (78246).You may also reply "STOP" to any text message received. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that QVC and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from QVC through any other programs you have joined until you separately unsubscribe from those programs.
You may receive a final text confirming your opt-out. To receive help information, text "HELP" to QVCGO (78246).
14. Mobile Services
In addition to the Text Message Services, the QVC Services may include certain other services that are available to you via your mobile phone or other mobile device (e.g., the QVC for iPhone® app and the QVC for Android™ app) (collectively, the "Mobile Services"). (For the avoidance of doubt, the Mobile Services do not include the Text Message Services.) The Mobile Services may include the ability to use your mobile device to place orders, receive and reply to electronic communications from QVC, and access certain other features. Although QVC does not charge you for these Mobile Services, your mobile carrier's standard data, and other rates and fees may apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. By using the Mobile Services, you agree that QVC may communicate with you by electronic means including, without limitation, push notifications to your mobile device (if you elect to receive them), and that certain information about your usage of the Mobile Services may be communicated to QVC. Your use of the Mobile Services is subject to our Privacy Statement.
15. Electronic Communications
When you access or use the QVC Services, send e-mails to QVC, or receive electronic communications from QVC, you are, and consent to, communicating with QVC electronically. QVC may communicate with you by e-mail or by posting notices on one or more of the QVC Services. You agree that all notices, disclosures, agreements, policies, and other communications that QVC provides to you electronically satisfy any requirement that such communications be in writing.
16. Dispute Resolution and Arbitration Agreement
You agree that any Dispute (as defined below) between you and QVC (including any disputes between you and a third-party agent of QVC) shall be resolved through binding and final individual arbitration instead of through court proceedings after completion of the Mandatory Informal Dispute Resolution Process set forth below (the “Dispute Resolution and Arbitration Agreement”). In arbitration, there is no judge or jury and there is less discovery and less appellate review than in court. "Dispute" shall be interpreted broadly and shall include any claim, controversy, counterclaim, or other disputes arising between you and QVC or between you and a third-party agent of QVC, including for example any: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise; (2) claims that arose before this Dispute Resolution and Arbitration Agreement; and (3) claims that arise after the cancelation or expiration of this Dispute Resolution and Arbitration Agreement.
This Dispute Resolution and Arbitration Agreement does not preclude either party from seeking action by federal, state, or local government agencies. Notwithstanding anything in this Dispute Resolution and Arbitration Agreement to the contrary, either you or QVC may elect to have a claim heard in small claims court (at any time prior to the appointment of an arbitrator) if the claim is within the jurisdiction of that court and it remains in that court and is not removed or appealed to a court of general jurisdiction. In addition, you and QVC retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
16(a): Mandatory Informal Dispute Resolution Process
For all Disputes, whether pursued in small claims court or arbitration, you or we must first give the other party an opportunity to resolve the Dispute by sending a written description of the claim to the other party (“Notice”). The Notice shall be personally signed by you or us and include: (1) a detailed description of the claims; (2) a detailed description of the relief sought, including a calculation for it; and (3) information sufficient to identify any transaction at issue (the “Mandatory Informal Dispute Resolution Process”). If you submit a Notice, you shall send it to QVC, Inc., Attn.: General Counsel, 1200 Wilson Drive, West Chester, Pennsylvania, 19380. If we submit a Notice, we shall send it to the mailing address and/or email address we have on file for you. Upon receipt of a fully completed Notice, the parties agree to negotiate in good faith in an effort to informally resolve the Dispute. At times, a telephone conference might be helpful to facilitate the resolution of a Dispute. If we request a telephone conference, you agree to personally participate (with your counsel if you are represented). If we are unable to resolve the claim within 60 days after receipt of a fully completed Notice, you or we may then pursue a claim in arbitration (or in small claims court, if applicable). Compliance with this Mandatory Informal Dispute Resolution Process is a condition precedent to initiating any formal proceeding. Any applicable statutes of limitations shall be tolled while the parties complete this Mandatory Informal Dispute Resolution Process. A court shall have the authority to enforce this Mandatory Informal Dispute Resolution Process and to enjoin the filing and prosecution of arbitrations. A party may also elect to raise non-compliance with this provision in arbitration.
We each agree that if you fail to timely pay amounts due, we may assign your account for collection, and the collection agency may pursue through any lawful means, including in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law.
16(b): Arbitration Process
Either you or we may start arbitration proceedings after completion of 16(a). You must send a letter requesting arbitration and describing your claim to our registered agent, Corporation Service Company (“CSC”), to begin arbitration. Please find below the Pennsylvania address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State's website):
Corporation Service Company
2704 Commerce Drive, Suite B
Harrisburg, PA 17110
Attn: Legal Department
You agree that the Federal Arbitration Act and federal arbitration law apply to these Terms. However, except as otherwise provided in the Dispute Resolution and Arbitration Agreement, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of these Terms including, but not limited to, a claim that all or any part of these Terms is void or voidable.
The Dispute will be arbitrated by a single neutral arbitrator mutually agreeable to both of us. If we cannot agree, after conferring in good faith, on the selection of an arbitrator within 30 days of the date that the request for arbitration was received by CSC, the Dispute will be administered by the American Arbitration Association (“AAA”) under its applicable rules, as modified by this Dispute Resolution and Arbitration Agreement. If AAA is unable or unwilling to administer the arbitration consistent with this Dispute Resolution and Arbitration Agreement, the parties shall confer in good faith in an effort to agree on an alternative arbitration administrator that will administer the arbitration consistent with this Dispute Resolution and Arbitration Agreement. If the parties cannot agree, you and we will jointly petition a court of competent jurisdiction to appoint an arbitration administrator that will administer the arbitration consistent with this Dispute Resolution and Arbitration Agreement. The arbitration shall take place a location that is reasonably convenient for you.
Unless we agree to use a different set of rules, the arbitrator will apply the applicable AAA arbitration rules (or the applicable rules of the arbitration administrator as set forth above), as modified by this Dispute Resolution and Arbitration Agreement. The AAA rules are available at : https://www.adr.org/ or by calling 800-778-7879. The arbitrator's decision in any such arbitration will be final and binding upon the parties to the proceeding and shall have no preclusive or binding effect in any proceeding involving different parties. The arbitration award may be enforced in any court of competent jurisdiction. You and QVC agree that the arbitration proceedings will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration, by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies, or as specifically permitted by state law.
If QVC initiates arbitration, we shall pay all fees for the arbitration proceeding. If you initiate arbitration, the AAA rules (or the applicable rules of the arbitration administrator as set forth above) shall govern the allocation of fees. The arbitrator may award fees and costs to a party if they determine that the claims and/or proceeding is frivolous or brought for an improper purpose or for the purpose of harassment. The arbitrator shall apply Federal Rule of Civil Procedure 68 after entering the award. The arbitrator shall apply the Terms just as a court would. The arbitrator shall issue a detailed ruling that includes the essential findings of fact and conclusions of law upon which the award is based. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief, attorneys’ fees, and costs.
16(c): Individual Relief; Class Action Waiver; Jury Trial Waiver
YOU AND WE AGREE THAT THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING DECLARATORY AND INJUNCTIVE RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE THAT IS NOT A PARTY TO THE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, JOINT, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION SHALL BE CONDUCTED AND DECIDED ON AN INDIVIDUAL BASIS. CLASS ARBITRATION IS EXPRESSLY PROHIBITED. YOU AND WE AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, JOINT, OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL OR IN CONNECTION WITH A REQUEST FOR PUBLIC INJUNCTIVE RELIEF). THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT; IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR IT IS OTHERWISE FINAL, THEN THAT CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN A COURT OF COMPETENT JURISDICTION BUT BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES WAIVE THE RIGHT TO A JURY TRIAL.
16(d): Additional Procedures Pertaining Only to Mass Arbitrations
If 25 or more claimants pursue or intend to pursue demands for arbitration against QVC raising similar claims and counsel for the claimants are the same or coordinated (“Mass Arbitrations”), then the following additional procedures shall apply (“Additional Procedures Pertaining Only to Mass Arbitrations”). You agree that if you or your counsel elect to pursue your Dispute as part of Mass Arbitrations, then the adjudication of your Dispute might be delayed. The Mass Arbitrations will be subject to a staged bellwether process and the AAA Multiple Consumer Case Filing Fee Schedule (as defined in the AAA rules) shall apply (or the mass arbitration fee schedule of the designated arbitration body, as set forth above) if there is an administrator. Counsel for the claimants and counsel for QVC shall each select 20 cases per side (40 total) to be filed in and to proceed in arbitration in bellwether proceedings to be adjudicated individually, with each case assigned to a separate arbitrator. In the meantime, no other demands for arbitration may be prosecuted and/or filed, processed, or deemed filed with AAA (or the designated arbitration body, as set forth above) if there is an arbitration administrator. Should the parties be unable to resolve the remaining demands for arbitration after the adjudication or resolution of the first set of bellwether proceedings, each side shall select 20 additional cases per side (40 total) to be prosecuted and/or filed in and to proceed in arbitration in bellwether proceedings to be adjudicated individually, with each case assigned to a separate arbitrator. In the meantime, no other demands for arbitration may be prosecuted and/or filed, processed, or deemed filed with AAA (or the designated arbitration body, as set forth above) if there is an administrator. This staged process shall continue until the parties adjudicate or resolve all of the Mass Arbitrations. No fees shall be assessed for a given case until that case is selected for a bellwether proceeding. If these Additional Procedures Pertaining Only to Mass Arbitrations apply to your demand for arbitration, any statute of limitations applicable to your claims shall be tolled from the time that the first cases are selected for the first set of bellwether proceedings until your demand for arbitration is selected for a proceeding, withdrawn, or otherwise resolved. A court shall have the authority to enforce these Additional Procedures Pertaining Only to Mass Arbitrations and, as needed, to enjoin the filing or prosecution of arbitrations and/or the assessment of fees.
16(e): Survival and Modifications
As referenced above, this Dispute Resolution and Arbitration Agreement shall survive termination of the Terms. Notwithstanding any provision to the contrary, modifications to this Dispute Resolution and Arbitration Agreement shall not apply to any Dispute for which Notice has already been provided to you or QVC.
17. Governing Law
Access to or use of the QVC Services shall not be construed as QVC's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the Commonwealth of Pennsylvania. These Terms, and any claim or action arising out of or relating to these Terms, shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law provisions. If any claim or action proceeds in court rather than through arbitration, sole and exclusive jurisdiction for any such claim or action shall be in the state courts of the Commonwealth of Pennsylvania for the County of Chester and the federal courts for the Eastern District of Pennsylvania. Notwithstanding the above, in any claim or action alleging personal injury or property damage caused by products you purchase from QVC, QVC reserves the right to apply the product liability law (including any product liability defenses) of your state of residence.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by QVC of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
Except as otherwise provided herein, if any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
QVC may assign its rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
QVC shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, public health emergencies, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks or other causes beyond QVC’s reasonable control, whether similar or dissimilar to any of the foregoing.
Please print a copy of these Terms for your records and PLEASE check the website frequently for any changes to these Terms.
Revised: August 1, 2022