General Terms of Use

These General Terms of Use ("Terms") are entered into by and between you and QVC, Inc., a Delaware corporation ("QVC"). These Terms govern, among other things, the use of and access to this Internet site, QVC's mobile services, QVC's telephone ordering and voice response unit services, QVC’s interactive television services, QVC's software applications (i.e., widgets) downloaded to your desktop, QVC email addresses, and other websites, applications and services (collectively, "QVC Services").  By using or accessing the QVC Services, you agree and intend to be legally bound by the Terms.  “We” and “our” refer to QVC and “us” and “the parties” refer to you and QVC. 

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 INCLUDING 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.

 

2. Termination

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 provisions (including the arbitration agreement, class action waiver, and jury trial waiver) (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 overcollected 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.

 

7. Eligibility

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.

 

8. Content

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.

#LoveQVC
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:

·      An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed;

·      A description of the copyrighted work that you claim has been infringed;

·      A description of where the material that you claim is infringing is located on a QVC website, including the QVC item number, if applicable;

·      Your address, telephone number, facsimile number, and email address;

·      A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

·      A statement by you, under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on behalf of the copyright owner.

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
QVC, Inc.
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
QVC, Inc.
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 UNDERSTAND AND AGREE THAT NOTICE OF ANY DISPUTE OR CLAIM MUST BE PROVIDED TO QVC WITHIN ONE (1) YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED. 

 

12. Indemnification

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 at any time of day 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 (Including Arbitration Agreement, Class Action Waiver, Jury Trial Waiver)

Please read this section carefully. It affects your legal rights. It provides for resolution of most disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final, binding and subject to only very limited review by a court. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general or representative action in arbitration or litigation to the fullest extent permitted by law.

As referenced above, this Dispute Resolution section (including the arbitration agreement, class action waiver, and jury trial waiver) shall survive termination of the Terms.

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(a) Arbitration Agreement

·      Binding Arbitration. This provision is intended to be interpreted broadly. Any dispute or claim arising out of or relating to these Terms, your use of the QVC Services, or your relationship with QVC or any past, present, or future subsidiary, parent or affiliate company or companies, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”), will be resolved through binding individual arbitration, except that either you or we may take a Dispute to small claims court so long as it isn’t removed or appealed to a court of general jurisdiction. Dispute shall include, but not be limited to: (1) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (2) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (3) any dispute or claim that may arise after termination of these Terms. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets and claims of piracy or unauthorized use of intellectual property. 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. The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (1) issues that are reserved for a court in these Terms; (2) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution section; and (3) issues that relate to the arbitrability of any Dispute. These Terms and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and QVC agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.

 

·      Mandatory Informal Dispute Resolution Process. For any Disputes, whether pursued in small claims court or arbitration, the party initiating the Dispute 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 the party submitting the Notice (and the party’s counsel, if represented) 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. 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 for a period of sixty (60) days in an effort to informally resolve the Dispute. At times, a telephone conference might be helpful to facilitate the resolution of a Dispute. If the party receiving the Notice requests a telephone settlement conference, you agree to personally participate (with your counsel if you are represented) and we agree that a QVC representative will personally participate (with our counsel if we are represented). If the parties are unable to resolve the claim within sixty (60) days after receipt of a fully completed Notice, you or we may then pursue a claim in arbitration or in small claims court. Compliance with this Mandatory Informal Dispute Resolution Process is a condition precedent to initiating any formal proceeding in arbitration or in small claims court. Any applicable limitations periods (including statutes of limitations) shall be tolled while the parties complete this Mandatory Informal Dispute Resolution Process. A court of competent jurisdiction shall have the authority to enforce this Mandatory Informal Dispute Resolution Process and to enjoin the filing, prosecution of arbitrations, the assessment, and collection of any arbitration fees. Notwithstanding the foregoing, a party may also elect to raise non-compliance with this provision in arbitration, including with a process arbitrator or merits arbitrator if applicable.

 

·      Arbitration Process. Either you or we may start an arbitration proceeding after completion of the Mandatory Informal Dispute Resolution Process set forth above. If you are initiating arbitration, you must send a letter requesting arbitration and describing the Dispute and relief sought consistent with the requirements below 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): QVC, Inc., Corporation Service Company, 2704 Commerce Drive, Suite B, Harrisburg, PA 17110, Attn: Legal Department. If we are initiating arbitration, we must send a letter requesting arbitration and describing the Dispute and relief sought consistent with the requirements below to the mailing address and/or email address we have on file for you. The arbitration of any Dispute shall be administered by and conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules and Supplementary Rules (as applicable) (“AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available online at www.adr.org. You and we understand and agree that the AAA’s administrative determination that this arbitration agreement comports with the Consumer Due Process Protocol is final and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so. An arbitration demand must be accompanied by a certification of compliance with the Mandatory Informal Dispute Resolution Process and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may request to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking $10,000 or more, or injunctive relief, shall have a video or in-person hearing unless the parties agree otherwise. You and a QVC representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the fullest extent permitted by law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one (1) person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.

 

·      Arbitration Fees. Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.

 

·      Additional Procedures for Mass Arbitration. You and we agree that these Additional Procedures for Mass Arbitration (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Mass Arbitration. If twenty-five (25) or more similar Disputes (including yours) are asserted against QVC by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the AAA’s resources. If your Dispute is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, terminated, or opted out of arbitration pursuant to this provision.

 

o     STAGE ONE. If at least one hundred (100) Disputes are submitted as part of the Mass Arbitration, counsel for the claimants and counsel for QVC shall each select fifty (50) Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Stage One can be increased by agreement of counsel for the parties (and if there are fewer than one hundred (100) Disputes, all shall proceed individually in Stage One). Each of the one hundred (100) (or fewer) cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stage One), and QVC shall pay the mediator’s fee.

 

o     STAGE TWO. If the remaining Disputes have not been resolved at the conclusion of Stage One, counsel for the claimants and counsel for QVC shall each select one hundred (100) Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second staged process. The number of Disputes to be selected to proceed as part of this second staged process can be increased by agreement of counsel for the parties (and if there are fewer than two hundred (200) Disputes, all shall proceed individually in Stage Two). No more than five (5) cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Stage Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of staged proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Stages One and Two), and QVC shall pay the mediator’s fee.

 

o     Upon the completion of the mediation set forth in Stage Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Stage Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment and collection of arbitration fees. The Additional Procedures for Mass Arbitration provision and each of its requirements are essential parts of this arbitration agreement. If, after exhaustion of all appeals, a court of competent jurisdiction decides that the Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of the Terms.

 

·      Future Changes to Arbitration Agreement. If we make any future changes to this arbitration agreement (other than a change to contact information), you may reject any such change by sending your personally signed, written notice to the following address within thirty (30) days of the change: QVC, Inc., Attn.: General Counsel, 1200 Wilson Drive, West Chester, Pennsylvania, 19380. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and QVC in accordance with this version of the arbitration agreement.

16(b) Class Action Waiver; Jury Trial Waiver

You and QVC each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.

To the fullest extent permitted by law, you and QVC waive the right to a jury trial.

 

17. Governing Law and Venue

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 or for any action that seeks to enforce or challenge the enforceability of the Dispute Resolution section (including the arbitration agreement, class action waiver, or jury trial waiver)  or any provision of the Terms, 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. You and QVC consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to (1) inconvenient forum or (2) any other basis or any right to seek to transfer or change venue of any such action to another court. 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.

 

18. Miscellaneous

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 except as otherwise provided herein. 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 7, 2024