Effective Date: December 5, 2022
Welcome to the Harry Potter New York store (the “Store”). Thank you for your interest in purchasing products and services from the Store, which is a service provided by Warner Bros. Entertainment Inc. or its subsidiaries or affiliates (collectively, “Warner,” “we,” “us,” or “our”). By placing an order from our Store:
If you do not wish to be bound by this Agreement, please do not place an order
Welcome to the Harry Potter New York store (the “Store”). Thank you for your interest in purchasing products and services from the Store, which is a service provided by Warner Bros. Entertainment Inc. or its subsidiaries or affiliates (collectively, “Warner,” “we,” “us,” or “our”).
By placing an order from our Store:
If you do not wish to be bound by this Agreement, please do not place an order from the Store. Please read these Terms carefully and check that the details of your order are complete and accurate before submitting your order. If you think that there is a mistake, please contact us using the instructions set forth in Section 11 below.
Terms of Purchase – Table of Contents
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Magic Caster Wand Limited-Warranty; Disclaimer of Warranties
To purchase any products or services in the Store, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence or, if you are a minor, have a valid credit card where an adult has listed you as an authorized user of their card. Prior to the purchase of any products or services, unless you are paying with a gift card or voucher (which we may offer from time to time), you must provide us with a valid credit card number, debit card number (or other payment account number) and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your card number, (iii) the card type, (iv) the date of expiration, and (v) any activation/verification numbers or codes needed to charge your card or payment account. By submitting that information to us or to our third party credit card processor, you agree that you authorize us and/or our processor to charge your card/account at our convenience. For any product or service that you order on the Store, you agree to pay the price applicable (including any sales taxes and surcharges) as of the time you submit the order. We will automatically bill your credit card or other form of payment submitted as part of the order process for such price. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering. Also, please review our FAQ, if you have questions about the terms applicable to purchases.
All payments must be made through any of the methods that are accepted at the time of payment by us or by our payment services provider, Shopify, which include the following payment methods identified in our FAQ. We currently do not accept cash, personal or business checks or any other payment form not specified in the FAQ, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card or payment account, and you must refer to that agreement and not these terms to determine your rights and liabilities as a card or account holder. If for any reason your default payment method is declined or no longer available, you authorize us to charge any other payment method that you have authorized for use on your account with us. You will remain responsible for any uncollected amounts. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorizations to do so. YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify us of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If we do not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by us or our agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, without limitation, sales, use or value-added taxes. We shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within any states or localities where we deem it is required in accordance with our order policy in effect at the time of purchase.
All purchase transactions made through the Store are subject to our return and exchanges policy and delivery/shipping policy in effect at the time of purchase. Our current Return & Exchanges Policy can be found here and is incorporated into these Terms by reference. Our current Delivery/Shipping Policy can be found here and is incorporated into these Terms by reference. Some products or services are made-on-demand and may be subject to additional policies, conditions and restrictions, and may take longer to ship. Such on-demand items are made and fulfilled to order, and will be noted on the product or services description. Products or services made-on-demand may not be returned or exchanged unless damaged or incorrect on arrival due to our error or mistake. All products purchased from us are delivered to you by a third party delivery company, pursuant to a shipping contract. You shall become the owner of the products and shall assume the risk of loss at the time of delivery by us of the products to the third party delivery company. We shall not be in default if delivery is delayed or rendered impossible by forces of nature, war, civil commotion, governmental action, terrorism, fire, storm, flood, explosion, strikes, walkouts, epidemics, pandemics, outbreaks, other industrial disturbances, utility, services or transportation interruptions or any other cause beyond our reasonable control.
You shall receive delivery of the products and become the owner of products and shall assume the risk of loss at the time of delivery by us of the products to the third-party delivery company outside Canada. You accept to act as importer of record of the product and will be responsible for all duties and taxes.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute an offer to sell or that the price or availability of an item has been confirmed. We reserve the right at any time after receipt of your order to accept or decline your order (or otherwise cancel your order) for any reason. We further reserve the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item or refuse to fulfill your order. Your order will be deemed accepted by us upon our delivery of the products or services that you have ordered. We may require additional verifications or information before accepting any order. Unlike in-stock orders, certain products or services are made-on-demand and may be shipped to you directly from the third party on-demand vendor and subject to additional delay due to production methods. Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your card or payment account in the amount charged for the cancelled portion or the quantity not provided (if your card/account has already been charged for the order); or (b) we will not charge your card/account for the cancelled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with us has been effectuated until you receive a confirmation from us or the Store via email. As stated above, you will be responsible for, and your credit/debit card or other third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request or a request to terminate your order was received. We may refuse any order that is connected with a previous credit card dispute. We may refuse to accept any order if fraudulent activity is suspected, and we may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders. The Store is intended solely for us to sell products direct to end consumers, and therefore purchase of products for resale is strictly prohibited. Purchase for resale means the purchase of Store product by someone who resells, or intends to resell, the Store product to others (consumers, businesses or any third party). If Warner believes you are involved in purchase for resale, Warner reserves the right to take any action against you, including, without limitation, to restrict sales to you, cancel your orders, and/or suspend or close your account.
We do our best to describe every item, product or service offered on the Store as accurately as possible. However, we do not warrant that specifications or pricing on the Store is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product or service, we shall have the right to refuse or cancel any orders in our sole discretion. If we charged your credit/debit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. If we accept and process your order where a pricing or specification error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing or misdescription, we may cancel the sale, refund you any sums you have paid and require the return of any goods provided to you under the order. If a product you purchased from us is not as described on the Store, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging, subject to the terms of the Returns & Exchanges Policy.
Purchases of products and services on the Store are subject to availability. All descriptions, images, references, features, content, information, specifications, products and prices described or depicted in connection with the Store are subject to change at any time without notice. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services, including for any items sold by third parties (if any). We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. Descriptive, typographic and photographic errors are subject to correction and we shall have no liability of any kind for such errors. We reserve the right to modify or cancel orders for any reason, including for typographical, pricing and other errors at any time. We strive to display as accurately as possible the colors of the products shown on the Store; however, we cannot and do not guarantee that your monitor’s display of any color will be accurate. PRODUCTS AND SERVICES DISPLAYED ON THE STORE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME.
For most promotional offers, such as coupons, vouchers, discounts and similar promotions, restrictions apply. See offer for full terms and conditions applicable thereto. Offers are not valid on previously purchased merchandise, gift cards, taxes or shipping and there is no cash value. Limit one (1) offer per order. Offers may not be combined with other offers or promotions. Offers are not valid if reproduced and they are only accepted for a limited time. Please read the details of each offer, as coupons and promotional code restrictions vary. We reserve the right to modify, impose conditions on, suspend or cancel offers at any time without notice. If you return any of the items purchased with a discount offer, the discount or value may be subtracted from the return credit. Void where prohibited by law. We have no obligation for payment of any tax in conjunction with the distribution or use of any offer. You are required to pay any applicable sales tax related to the use of the offer.
Pre-order is the process by which you are able to order a product in advance of the scheduled retail launch date. Due to the nature of pre-ordering, the following specific conditions apply to pre-ordered products: (i) Pre-ordered products once purchased from the Store are targeted to be delivered on or shortly after the retail launch date, provided that we are able to process your payment before such retail release date. Concrete delivery dates, however, will depend on the time the product is available in our warehouse and any timing disclosed to you at the time of sale or thereafter. Standard delivery timelines will apply from the moment the pre-ordered product is actually received and available in our warehouse and is able to be shipped. This information on proposed delivery dates is best estimates only, and timelines are not binding on us (and you waive any right to the shipment of such pre-order products within thirty (30) days of order that may be required under any applicable laws); (ii) Unless expressly disclosed on the Store, your payment (including payment for shipping) on a pre-order product will be processed as soon as the order is placed (or in the event of bank transfer as soon as possible). We will not start the fulfillment of your order prior to having received payment; and (iii) The scheduled retail launch date (product launch) for your pre-order product can be found in the product description page on the Store or otherwise in your order confirmation. When you place an order for a pre-order product where we disclose that your payment will not be processed immediately, you won’t be charged for your order until your order ships but we may send an authorization hold request to your card issuer. The authorization hold is not an actual charge and will eventually expire and drop off your account based upon the time-frame set by your card-issuing bank. If the authorization hold expires before the product’s release date or before the order is ready to be shipped, the authorization will automatically renew. If any attempt to renew the authorization fails, you’ll be reminded by email to change the payment card type/details. We reserve the right to change the release date for any pre-order product at any time by posting notice on the Store and/or delivering notice to you of a new date via email. If requested in an email notification, please follow the link in the email and agree that you still want a pre-ordered product. If you do not agree, we must cancel the purchase and you will not be charged.
As between you and Warner, any and all intellectual property rights in the products or services sold through the Store will remain the sole and exclusive property of Warner. We retain the entire right, title and interest in and to any and all intellectual property rights in the products and services, including, but not limited to, all trade secret, patent, copyright and trademark rights associated with the products and services. A purchaser of products or services through the Store may not copy or modify them or resell them to a third party, without first obtaining our prior written approval. We reserve the right at any time to charge fees for access to new features or functionality available in any products or services we sell in the Store (e.g., if we sell a Harry Potter wand experience in the Store, we reserve the right to charge you in the future for access to new spells that aren’t included originally with the wand experience at the original time of your purchase).
The Terms posted on the Store at the time you place your order on the Store will govern that purchase. We reserve the right, in our sole discretion, to modify these Terms from time to time. You agree that we may notify you of modified terms or policies by posting them on the Store, and agree that your purchases on the Store after such notice constitutes your agreement to the modified terms, which will govern your ongoing and future purchases from the Store. Thus, you should review the posted Terms each time you make a purchase from the Store. Any modifications to these Terms will supersede the prior version for all activity occurring after the revised version has been made available on the Store.
If you have any questions about the Store, you can contact us using our online contact form.
BY VISITING THE STORE, YOU (“You”) HEREBY AGREE AS FOLLOWS:
You acknowledge the contagious nature of COVID-19 (as defined by the World Health Organization) and any related strains, variants, and mutations thereof and other similar infectious diseases (“COVID-19”) and voluntarily assume the risk, by visiting this Store and entering onto our related premises (“Premises”), that You may be exposed to or infected by COVID-19 and that such exposure or infection may result in personal injury, illness, permanent disability or death (each, a “COVID-19 Injury”). You further understand that the risk of a COVID-19 Injury may result from the actions, omissions, or negligence of Entertainment Merchandise NY, Inc., WB Studio Enterprises Inc., and/or Warner Bros. Entertainment Inc. (collectively, the “Store Parties”).
Release of COVID-19 Claims: As between You and the Store Parties, You hereby release, covenant not to sue, and discharge (a) the Store Parties, (b) the respective parents, divisions, subsidiaries, related and affiliated companies of the entities referred to in (a), and the respective officers, directors and employees of the foregoing (collectively, the “Released Parties”) from any claim by You related to a COVID-19 Injury that may be incurred by You in connection with the Store and/or entering onto these Premises, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto (collectively, “COVID-19 Claims”), specifically including any such COVID-19 Claims that arise from or in connection with any of the Store Parties’ actions and/or ordinary negligence, but specifically excluding any such COVID-19 Claims that (and to the extent that such COVID-19 Claims) arise from or in connection with the Store Parties’ gross negligence or willful misconduct.
Indemnification: You agree to save, defend, indemnify, and hold harmless the Released Parties from and against any and all COVID-19 Claims, including, but not limited to, any such COVID-19 Claims raised or asserted by You, specifically including any such COVID-19 Claims that arise from or in connection with the Store Parties’ actions and/or ordinary negligence, but specifically excluding any such COVID-19 Claims that (and to the extent that such COVID-19 Claims) arise from or in connection with the Store Parties’ gross negligence or willful misconduct.
If you purchase a Magic Caster Wand that we may sell in the Store, this Section applies to your purchase. The Limited-Warranty we offer for the Magic Caster Wand is set forth here. EXCEPT AS EXPRESSLY PROVIDED HEREIN AND SOLELY WITH RESPECT TO THE MAGIC CASTER WAND, WARNER MAKES NO OTHER WARRANTY TO YOU, EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE PRODUCTS AND SERVICES SOLD IN THE STORE, TO THE FULLEST EXTENT PERMITTED BY LAW. WARNER SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS WELL AS ANY STATUTORY WARRANTY OR HIDDEN DEFECTS, RESPECTING THE SERVICES AND/OR OTHER PRODUCTS SOLD OR PROVIDED BY THE STORE PURSUANT TO THIS AGREEMENT.
WIZARDING WORLD and other Warner-related trademarks, characters, names, logos, indicia and related elements are TM and © Warner Bros. Entertainment Inc. All rights reserved.