SuperPoints is Play.com's loyalty scheme which allows Buyers to earn points when they make purchases through the Play.com website (the “Website“) and to redeem these against future purchases.
The Website is owned and operated by Play Limited, whose address is Play.com, PO Box 192, St Helier, Jersey, JE4 8RP (“Play.com“, “we“ or “us“).
For as long as a registered Buyer (“you“) has SuperPoints in your account, you will be bound by these SuperPoints Buyer Terms and Conditions, which may be amended by us from time to time. A notice of any amendments made to these SuperPoints Buyer Terms and Conditions will appear on the Website and, save in an emergency, any amendments will apply to all SuperPoints from 90 days after the notice appears.
Please read these SuperPoints Buyer Terms and Conditions, and linked information, carefully before making any qualifying purchase via the Website or redeeming SuperPoints. These SuperPoints Buyer Terms and Conditions constitute a legally binding agreement between you and Play.com.
The SuperPoints Buyer Terms and Conditions are laid out in the following sections:
1. General Conditions
2. Earning SuperPoints
3. Redeeming SuperPoints
4. Cancellation and Suspension
“Applicable Laws” means all regional, national and international laws, rules, regulations, codes and standards including those imposed by any governmental or regulatory authority and all applicable industry standards and standards determined by any self-regulatory body, which apply from time to time to the person or activity in the circumstances in question;
“Buyer” means an individual who is registered as a user of the Website;
“Merchant” means a third party who is registered with us to sell items through the Rakuten Marketplace to Buyers;
“Merchant Store” means a Merchant’s presence on Rakuten Marketplace;
“PlayTrader” means a third party who has registered to sell items to Buyers through the existing PlayTrade online trading platform on the Website. PlayTraders will be migrated to the Rakuten Marketplace platform at a date to be determined by Playtrade; and
"Working Day" means a day other than a Saturday, Sunday or public holiday in England or Jersey.
1. GENERAL CONDITIONS
1.1 All references in these SuperPoints Buyer Terms and Conditions to "earn" or "redeem" in the context of SuperPoints shall be construed as Play.com awarding SuperPoints to you as a result of your expenditure with Play.com or a Merchant or a PlayTrader (as applicable), or the number of your SuperPoints being reduced in consideration for a discount on such expenditure.
1.2 SuperPoints can be earned and redeemed on all purchases made via the Website except for purchases of gift vouchers ("qualifying purchases"). SuperPoints may only be earned and redeemed as part of a qualifying purchase made via the Website.
1.3 We will record the SuperPoints earned and redeemed by each Buyer. Those records will be final and definitive.
2. EARNING SUPERPOINTS
2.1 All Buyers will automatically earn 1 SuperPoint for every £1 (pounds sterling) or €1 (euro) that they spend (after applying any other discounts and including VAT, but excluding any delivery charges) on a qualifying purchase made via the Website. The number of SuperPoints earned will be automatically rounded up to the nearest whole number (e.g. if an item costs £1.59 or €1.59), you will earn 2 SuperPoints).
2.2 SuperPoints will be activated in your account within 14 days after we receive payment in respect of your qualifying purchase.
2.3 Merchants may at their discretion increase the rate at which Buyers earn SuperPoints when making qualifying purchases of that Merchant's products.
2.4 SuperPoints may be earned on qualifying pre-order purchases. The number of SuperPoints earned will be calculated based on the final price paid by you.
2.5 If you cancel your order, SuperPoints cannot be earned on that purchase and any SuperPoints already awarded will be void.
3. REDEEMING SUPERPOINTS
3.1. For every 100 SuperPoints you redeem, the total price payable by you in respect of a qualifying purchase will be reduced by £1 or €1 (as applicable).
3.2 SuperPoints have no cash value and may not be redeemed for cash.
3.3 You may use SuperPoints as a discount and pay the remaining balance using another payment method. Alternatively, you may use SuperPoints to pay the total purchase price.
3.4 Once a SuperPoint has been redeemed, it will be removed from your account immediately after you have placed the order for your qualifying purchase. You cannot redeem a SuperPoint more than once. Any attempt to do so will be considered fraudulent and as a breach of these SuperPoints Buyer Terms and Conditions.
3.5 If you return an item that you have purchased using SuperPoints and receive a refund for that item, those SuperPoints will be recredited to you. You will not receive a cash refund in respect of those SuperPoints.
3.6 We may cancel your SuperPoints after 180 days if you do not make a qualifying purchase during this period, provided that we have given you at least 30 days' notice reminding you that your SuperPoints will expire if not used, and your SuperPoints balance will be zero.
4. CANCELLATION AND SUSPENSION
We may, at our sole discretion, delay, suspend or terminate any sale and/or your Buyer account and/or take any other action that we deem necessary, immediately on notice if we have reasonable grounds to believe that you are in breach of these SuperPoints Buyer Terms and Conditions or any Applicable Laws.
We reserve the right to use the remedies in these SuperPoints Buyer Terms and Conditions whenever you fail to comply with them. Taking no action upon the breach of these SuperPoints Buyer Terms and Conditions does not mean we have waived our rights to enforce any of its provisions.
If any term of these SuperPoints Buyer Terms and Conditions is deemed invalid, void or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
You may not assign or otherwise transfer, whether voluntarily or by operation of law, any rights or obligations under these SuperPoints Buyer Terms and Conditions without our prior written consent.
5.4 No warranties
Our services consist of providing you with the necessary information and tools that will allow you to earn and redeem SuperPoints on qualifying purchases made via the Website. Whilst we are committed to providing a high standard of service, please bear in mind that you use our services at your own risk. We make no warranties that our services will meet your requirements, be uninterrupted or free from errors. We may temporarily suspend your access to the Website in order to carry out maintenance, repairs, upgrades or to remove, add or alter our services.
5.5 Limitation of liability
Our only liability to you is to procure the issue and redemption of SuperPoints in accordance with these SuperPoints Buyer Terms and Conditions. We are not liable for any item purchased by you in relation to which you earn or redeem SuperPoints.
You understand and you agree that we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable to you in contract, tort (including negligence) or otherwise for: (i) loss of profits; (ii) loss of data; (iii) intangible losses; or (iv) any indirect, incidental, special and consequential damages, arising out of or in connection with these SuperPoints Buyer Terms and Conditions, even if we have been advised of the possibility of such losses.
Nothing in these SuperPoints Buyer Terms and Conditions shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
You will compensate us in full (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) for any losses or costs, including reasonable legal fees, we incur arising out of any breach by you of these SuperPoints Buyer Terms and Conditions or your violation of any law or the rights of a third party.
5.7 Relationship of parties
You and we are independent contractors, and nothing in this Agreement will be construed to create a partnership, joint venture, agency (save as set out above), franchise, sales representative or employment relationship between the parties.
5.8.1 We will send notices and other communications to you at the e-mail address you have provided to us. You must send all notices and other communications to us by using the applicable Contact Us form. Any notices sent by e-mail or via the Contact Us form will be deemed to have been received 24 hours after the time sent by the sender. Any notices sent by first class post to the address provided in your account will be deemed to have been received on the next Working Day.
5.8.2 Any notices issued by us that appear on our Website will be deemed to have been received when you next use the Website, unless expressly stated otherwise in these SuperPoints Buyer Terms and Conditions or in such notice.
5.9 Obligations that survive termination
All provisions in these SuperPoints Buyer Terms and Conditions, which by their nature are intended to survive expiration or termination shall survive any expiration or termination of the contract between us, including but not limited to sections 5.4, 5.5 and 5.6.
5.10 Third Party Rights
The legally binding contract between us and you is governed by the terms set out in these SuperPoints Buyer Terms and Conditions. A person who is not a party to these SuperPoints Buyer Terms and Conditions has no right to enforce them.
5.11 Force Majeure
We will not be liable for any delay or failure to perform any of our obligations under these SuperPoints Buyer Terms and Conditions by reasons, events or other matters beyond our reasonable control.
5.12 Governing law and jurisdiction
These SuperPoints Buyer Terms and Conditions and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) is governed by and construed in accordance with the laws of Jersey and subject to the non-exclusive jurisdiction of the courts of Jersey.