These Pottermore Shop Terms & Conditions contain 12 sections. You can view each section by selecting the relevant link below:
- 1 Introduction
- 2 About the Pottermore Shop
- 3 Access to the Pottermore Shop
- 4 Buying from the Pottermore Shop
- 5 Cancellation Policy
- 6 Defects, replacements and returns
- 7 Use and limitation of use of Books and Goods
- 8 Liability
- 9 Indemnity
- 10 Disputes
- 11 Changes to these Terms
- 12 Further information, complaints and how to contact us
YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE LIMITATION OF LIABILITY, INDEMNITY AND DISPUTE PROVISIONS CONTAINED AT SECTIONS 8, 9 AND 10 BELOW. PLEASE REVIEW THESE SECTIONS CAREFULLY BEFORE PROCEEDING.
Welcome to our site, https://usd.shop.pottermore.com, the online digital content store of the Harry Potter books and merchandise (the "Pottermore Shop"). The Pottermore Shop is owned by Pottermore Limited (referred to as "we", "us" or "our" as appropriate), a company established in England and Wales.
1.1 These Pottermore Shop Terms & Conditions, the pottermore.com Terms & Conditions (for short, the "Terms") apply to your use of the Pottermore Shop (whether accessed through the URL provided above or any other channel) and any services, content or products (for example, eBooks, digital audio books, artwork or other merchandise) made available through the Pottermore Shop. Please read these Terms carefully, and ensure you understand them, before using the Pottermore Shop, as these Terms affect your rights and liabilities. In these Terms, expressions beginning with a capital letter usually have a specific meaning that is defined in these Terms. In the event of any inconsistency between these Pottermore Shop Terms & Conditions and the pottermore.com Terms & Conditions, the terms of these Pottermore Shop Terms & Conditions shall prevail in relation to any order and/or purchase via the Pottermore Shop. We may also make the Pottermore Shop or other versions of it available through further digital channels or devices, and these Terms shall apply to all such available versions.
1.2 You will be agreeing to these Terms when placing an order or by your continued use of the Pottermore Shop. If you do not want to be bound by these Terms please do not access, use and/or place any orders with the Pottermore Shop. If you have any questions relating to these Terms, please refer to our FAQ pages in the first instance.
1.3 The Pottermore Shop is only provided for use by individuals of legal age to enter into these Terms, and by using the Pottermore Shop or placing an order or making a purchase, you are confirming that you are of legal age to enter into these Terms and you accept and are bound by these Terms.
2 About the Pottermore Shop
Users can visit the Pottermore Shop to purchase a variety of eBooks, digital audio books, artwork and other merchandise for themselves.
3 Access to the Pottermore Shop
3.1 You will need an internet connection and a browser to access the pages on the Pottermore Shop and to use the features we provide.
3.2 If you wish to place an order for an eBook, a digital audio book, artwork or other merchandise from the Pottermore Shop, you must either: (a) visit pottermore.com and create a Pottermore Account (in which case you may be referred to in these Terms as a “Registered User”); or (b) use our guest checkout functionality. Please see section 3 of the pottermore.com Terms & Conditions for further details on how to create a Pottermore Account.
4 Buying from the Pottermore Shop
4.1 All of our books are currently offered for sale in electronic and digital formats. You can purchase, access and view/listen to eBooks, digital audio books and other related digital content ( "Books" ) on the Pottermore Shop by way of download. Please visit the FAQ pages for step-by-step instructions on how to place an order with the Pottermore Shop.
4.2 Our Books are available for purchase and use in a number of different file formats. Please refer to the FAQ pages for details about the formats in which we make our Books available. It is your responsibility to check which format suits your needs best and which will enable you to receive and access any purchased digital content successfully (and to exercise your other rights under these Terms) before you place an order with us. You can find a description of the different formats, their suitability and further details about the operating environment necessary for your full enjoyment of the Pottermore Shop, including any purchases from the Pottermore Shop using our Pottermore Shop FAQ pages. Please note that we may modify the formats in which we make Books available and our description of them from time to time, so you should always check those before making any purchase, and retain a copy for your records.
4.3 We may make changes to or discontinue any Books available on or in connection with the Pottermore Shop at any time, and without notice. Please see section 5.5 below for details of your rights in relation to Books or formats that cease to be available or become incompatible.
4.4 You can also purchase artwork and other items of physical merchandise ( “Goods” ) via the Pottermore Shop. Please visit the FAQ pages for instructions on how to place an order via the Pottermore Shop.
4.5 We may make changes to or discontinue any Goods available on or in connection with the Pottermore Shop at any time, and without notice. The pictures on the Pottermore Shop are for illustrative purposes only, and packaging of Goods may vary. For example, an item of artwork may be pictured in a frame, but a frame will not be included with your order if you purchase artwork from the Pottermore Shop.
4.6 In the case of Goods, we will use commercially reasonable efforts to fulfil your order by the estimated delivery date detailed in the product detail page and checkout pages on the Pottermore Shop, which will usually be within 30 days from the date of your dispatch confirmation email. Please note that delivery estimates are just that: they are not guaranteed delivery dates and should not be relied on as such. As we process your order, we shall inform you by email if any Goods that you order turn out to be unavailable. If the Pottermore Shop states that an item of Goods is currently out of stock, the item is not then available for ordering, in which case we will not know when or if the item will be in stock again. If we decline to accept your order because an item of Goods is out of stock, we may (at our discretion) email you to inform you that the item is out of stock and then, if and when the item is back in stock, email you to notify you that the item is available again.
4.7 Unless you validly exercise your right to cancel the relevant contract (as explained in section 5 below), Goods will be at your risk from the time of delivery to the relevant delivery address. Ownership of Goods will only pass to you when we receive all sums payable in relation to them, including any delivery charges.
4.8 Unless otherwise specified, Goods will be shipped by standard postal delivery and are capable of being tracked, as detailed in the dispatch confirmation email.
Purchasing and receiving Books as gifts
4.9 You can purchase a Book on the Pottermore Shop to be made available for download to another person as a gift on a specified date no more than three months after the date of purchase ( “Gift Purchase” ). We refer to the person purchasing the gift as the “ purchaser ” and the person receiving the gift as the “ recipient ”. Please note you cannot purchase an item of Goods as a gift.
4.10 If you make a Gift Purchase, it is your responsibility to check, before you place an order with us, which format suits the recipient's needs best and which will enable the recipient successfully to receive and access any such digital content purchased by you.
4.11 By starting to download the gift, or accessing or using the gift by any other means, the recipient agrees to these Pottermore Shop Terms & Conditions and acknowledges our Privacy & Cookies Policy. In particular (without limitation), sections 5 to 12 shall apply to recipients in the same way as they apply to the purchaser.
Notification of gift
4.12 If you make a Gift Purchase, we shall use commercially reasonable efforts to notify the recipient by email on the date selected by you for such notification when making the Gift Purchase. We do not, however, accept liability for any delay in notifying the recipient caused by technical problems or other reasons beyond our control.
4.13 We shall make the Book available to the recipient on the date specified by you when making the Gift Purchase. The Book is not redeemable for cash, credit or other goods or services. Except to the extent required by law, once the Book has been made available for download, the gift is not for resale, non-transferable, not redeemable for cash, and non-refundable, except in accordance with our Cancellation Policy.
4.14 The Book must be redeemed by the recipient within one year of the date of purchase by you, after which the Gift Purchase shall expire, and the Book shall no longer be available for download unless you contact us to extend the time period for which the Book shall be available to the recipient for download. Except to the extent required by applicable law, an expired Gift Purchase is non-refundable and non-exchangeable.
4.15 You or the recipient may exchange the Book for an alternative Book of equal or lesser price on the condition that: (a) the Book has not been downloaded; and (b) it has not been more than one year since the date of purchase. For the avoidance of doubt, any difference in price between the original Book and the exchanged Book shall not be refunded or credited to you or the recipient. If you or the recipient would like to exchange the original Book, you or the recipient can contact us as specified under section 12 below.
4.16 To complete an order with the Pottermore Shop for Books or Goods, you must:
- provide your full name, email address, payment details and other requested information (such as your delivery address if you are buying Goods);
- be of legal age to enter into these Terms; and
- possess a valid credit or debit card issued by a bank acceptable to us or other valid payment provider details.
4.17 In addition, to complete an order for Goods, you must be accessing the Pottermore Shop from within the contiguous United States, which excludes Hawaii, Alaska and US overseas territories & provinces ( “US” ) and your delivery address must be within the US.
Making a contract online
4.18 When you are placing an order, the following steps have to take place before a contract is made between you and us:
Placing your order – After choosing the Book(s) and/or Good(s) that you wish to purchase, you place your order for your item(s) by pressing the "Complete Order & Pay" button at the end of the checkout process and submitting your payment details (and delivery details if you are purchasing Goods) to us. Before placing your order, the checkout process will give you the opportunity to return to your basket and, if necessary, to change your selection of item(s).
Acknowledgement – If you have purchased as a Registered User and your order contains a Book, you will see an on-screen acknowledgement that your Book has been placed in the "My Books" area of your Pottermore Account. If you have placed an order for a Book via guest checkout and are not a Registered User, you will be taken to a screen which will enable you to download your Book. If you have made a Gift Purchase (as defined in section 4.9 above), the Book will only be made available to the recipient for download. If you have purchased an item of Goods, you will see an on-screen acknowledgement of your order. You will receive an acknowledgement of your payment and order by email.
Order Acceptance – You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you an acknowledgement email with your order number and details of the items you have ordered. If you are a Registered User, we keep a record of the orders that you place with us in the "My Account" area, which you can view by logging in to your Pottermore Account.
For an order of Book(s) and Good(s) – Although the Pottermore Shop allows you to place a single order that contains an order of Book(s) and an order of Good(s), the order of Book(s) and the order of Good(s) will, for all purposes of these Terms, be treated as separate orders, such that: (a) if an order for any such item is accepted by us, a separate contract shall arise in relation to that item; and (b) the provisions of these Terms relating to Book(s) will apply to the order of Book(s) and the provisions of these Terms relating to Good(s) will apply to the order of Good(s).
Refusal of an order
4.19 If your payment is declined for any reason or we decline your order because we cannot obtain authorization of your payment details for any reason, then we may invite you to pay by another method or we may cancel the order, as determined in our sole discretion. We may also refuse to accept an order for Good(s) if the relevant stock is unavailable for any reason (or if there is any other reason why your order could not be fulfilled).
4.20 Unless otherwise stated (and subject to availability), only one copy of a Book can be downloaded per customer. The maximum number of items of Goods that can be purchased at any one time will be as set out in the relevant quantity list on the purchase page.
Prices and payment
4.21 The prices for Books that we quote on the Pottermore Shop are exclusive of any applicable sales or other taxes.
4.22 The prices for Goods that we quote on the Pottermore Shop are exclusive of any additional delivery charges that may apply. Details of delivery charges and any applicable restrictions will be set out on the checkout page or can be found here.
4.23 The price of any Books or Goods will be as quoted from time to time on the Pottermore Shop. It is possible, however, that despite our reasonable efforts some items (whether Books or Goods) on the Pottermore Shop may be incorrectly priced.
(a) If, in such a case, the actual price of an item is higher than that which is incorrectly displayed on the Pottermore Shop at the time when you place your order, we may, at our discretion (unless otherwise required by applicable law), either contact you in order to confirm whether you wish to proceed with your order at the correct higher price, or reject your order and notify you of such rejection.
(b) If the actual price of an item is lower than that which is incorrectly displayed on the Pottermore Shop at the time when you place your order, we will supply that item to you at the correct lower price.
4.24 Payment will be in the currency indicated on the payment page of the Pottermore Shop.
4.25 You will find the total price of your order (including all applicable taxes and, in the case of Goods, all applicable delivery charges) as part of the checkout process on the page that shows the item(s) you have selected to buy. Please note that all pricing is at our sole discretion and prices and charges (both for Books and Goods and for delivery of Goods) are liable to change at any time, but such changes will not affect orders for which we have already sent you an order confirmation email.
4.26 We accept payment by credit and debit card in addition to any other payment methods that we may identify from time to time. Please refer to our FAQ pages for details of the payment cards and methods that we currently accept.
4.27 We take payment from you once we have processed your payment details. In the event that we are unable to provide the Book for download or to provide the Goods that you have requested for delivery, we will let you know and we will give you a full refund if we have already taken payment for the item(s).
4.28 Although we try very hard to ensure that all information on the Pottermore Shop is accurate, occasionally errors may occur. If you discover a significant error in the description of any item(s) that you have purchased (or, for a Gift Purchase, that has been received by a recipient), please contact us.
5 Cancellation policy.
This section 5 shall govern any cancellation or return of Books or Goods other than due to a defect, which is governed by the below section 6.
If you have bought a Book
5.1 Right to cancel – When we accept a Book order that you have placed and make the Book available to you (or, for a Gift Purchase, to the recipient) for download, you are entering into a contract with us. You may cancel your contract with us within 14 days without giving any reason (subject to the conditions set out in section 5.4 below). The cancellation period will expire 14 days after the date on which we notify you (or, for a Gift Purchase, the recipient) that the digital content is available for download from the Pottermore Shop.
5.2 How to cancel – To exercise the right to cancel a Book contract, you must inform us of your decision to cancel your contract by a clear statement. You may use the model cancellation form provided here, but it is not obligatory. If you use this online option, we shall send you an acknowledgement of receipt by email. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the relevant cancellation period has expired.
5.3 Effects of cancellation – If you cancel a Book contract, we shall reimburse you for payments received from you for such Book, excluding any shipping, handling, and delivery costs. We shall make the reimbursement without undue delay, and not later than 14 days after the date on which you inform us of your decision to cancel the contract. We shall make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
5.4 Loss of cancellation rights – Despite the above, you cannot cancel a Book contract if you (or, for a Gift Purchase, the recipient) have started downloading the Book (or used any other means required to access and use the Book), as long as:
(a) you had expressly accepted when you placed your order that (i) we could start to supply the digital content during the cancellation period and (ii) you could not cancel the contract once supply of the digital content had started; and
(b) we have confirmed your acceptance to you in confirming the contract.
5.5 Unavailable or incompatible Books – If a particular Book becomes unavailable, or if a particular file format ceases to be available (or the Book otherwise becomes incompatible with certain devices), following purchase but prior to your (or, for a Gift Purchase, the recipient’s) first download of the Book, we shall make the Book available in a suitable alternative format (or provide you (or, for a Gift Purchase, the recipient) with a compatible copy of the Book) or pay you a refund of the purchase price paid. Where, however, the file format or Book becomes unavailable or incompatible after you (or, for a Gift Purchase, the recipient) have downloaded at least one copy of the Book, you will not be entitled to a refund.
If you have bought an item of Goods
5.6 Right to cancel – When we accept an order that you have placed for any item of Goods and confirm we have dispatched the item to you, you are entering into a contract with us. You may cancel your contract with us within 14 days without giving any reason. The cancellation period will expire 14 days after the date on which you receive the item.
5.7 How to cancel – To exercise the right to cancel a contract for an item of Goods, you must inform us of your decision to cancel your contract by a clear statement. You may use the model cancellation form provided here, but it is not obligatory. If you use this online option, we shall send you an acknowledgement of receipt by email. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the relevant cancellation period has expired.
5.8 Effects of cancellation – If you cancel a contract for an item of Goods, you then have 14 days to return the Goods to us, in the same condition that you received such Goods, at the address we notify to you. If we determine that such Goods are in the same condition that you received such Goods, then we shall reimburse you for all payments received from you for such Goods, excluding any shipping, handling, and delivery costs. We shall make the reimbursement without undue delay, and not later than 14 days after the date on which we receive the item back from you or, if earlier, the date on which you provide us with evidence that you have sent the item back to us. We shall make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise and we are able to make payment by such alternate method. If you return the Goods and such Goods are not in the same condition that you received such Goods, we reserve the right to reduce your refund to reflect any reduction in the value of the item, if this has been caused by your handling the item in a way that goes beyond what is necessary to establish the nature, characteristics and functioning of the item. If you choose to cancel your contract with us other than for a defect in such Goods, you will be responsible for the costs of returning the item to us, unless we agree otherwise with you before you send the item (which we may do so in our sole discretion).
6. Replacements and returns due to Defects
If you have bought a Book
6.1 If you (or, for a Gift Purchase, the recipient) receive a corrupted copy, incorrect file format version or incomplete copy of the Book, then, in order to request a functioning copy of the Book or to apply for a refund, please contact us. You will need to quote your order number and the details of the Book ordered with which you are experiencing issues, so please have these to hand.
6.2 If you (or, for a Gift Purchase, the recipient) have suffered a loss of a Book through failure of your hardware device, damage, theft or destruction, we may, solely at our discretion, provide you (or, for a Gift Purchase, the recipient) with another copy of your previously purchased Book. This will count as one of the limited number of copies that you are permitted to make (see section 7.1 below). If you (or, for a Gift Purchase, the recipient) lose your Book in this way, please refer to our FAQ pages in the first instance.
If you have bought an item of Goods
6.3 In addition to your right to cancel your contract with us if you change your mind (set out in section 5 above), you may also have a right to return Goods to us that are defective.
6.4 Defective Goods – If an item of Goods that you buy from us turns out to be faulty or does not match the description given on the Pottermore Shop, you have 30 days from the day when you receive the item to return it to us. If the item of Goods is faulty or does not match the description given, we shall exchange the item if possible or reimburse you for payments received from you for such Goods within 14 days of our receipt of the Goods. We shall make the reimbursement using the same means of payment as you used for the initial transaction.
How to return Goods to us
6.5 Please contact us if you wish to return an item under the circumstances provided in these Terms. If your return request is accepted, please return your Goods to the returns address provided by our customer services team. Unless the item of Goods is faulty or does not match the description given on the Pottermore Shop, you will be responsible for the cost of returning the item to us. We advise that you return the item using a “signed for” service or obtain official proof of postage from the Post Office so you are able to keep track of your item. We are not responsible for any items that are lost in transit or damaged on their way back to us. If the item of Goods is faulty, does not match the description given on the Pottermore Shop or we have notified you about an error in pricing or a change in the product, please contact us, and we may provide you with a pre-paid postage label to download and attach to your item.
7. Use and limitation of use of Books and Goods
7.1 When you buy a downloadable Book from us, what you are buying is the right to use that Book in the way we explain below for your own personal, non-commercial use only. All references to "buying" or "purchasing" downloadable Books in these Terms describe the purchase of a license under U.S. law to access and use the digital content concerned in accordance with these Terms, which is governed by the provisions of this section 7.
- You (or, for a Gift Purchase, the recipient) may download one (1) copy of each Book you purchase for storage and use on your (or, for a Gift Purchase, the recipient’s) reading/listening system, which could be your (or, for a Gift Purchase, the recipient’s) computer, tablet, MP3 player, mobile phone, eBook reader or any other compatible electronic device, or any compatible reading/listening service linked with the Pottermore Shop ("System"). You (or, for a Gift Purchase, the recipient) may also download further copies of the Book for storage and use in the same ways, but this is subject to the continued availability of the Book via the Pottermore Shop.
- If you are a parent or guardian who has made the purchase on behalf of a child for whom you are responsible, you may share such download(s) with such child.
7.2 From time to time we may make limited extracts of certain Books ( "extracts" ) available to you through the Pottermore Shop (for example, one or two chapters of an eBook or digital audio book), which you may download without charge. You may download and make copies of extracts for storage and playback on your System for your personal, non-commercial use only. To be clear, subject to the permitted uses and restrictions set out in these Terms, there is no limit on the number of such copies of extracts that you are permitted to download and make for your personal and non-commercial use only. We reserve the right to withdraw access and/or to cease making any extract available through the Pottermore Shop at any time without notice to you.
7.3 The following restrictions apply in relation to the use of Books, extracts and (where stated below) Goods.
(a) You shall not do, and shall not permit others to do, any of the following things in relation to any Book, extract or (where stated below) Goods:
- sell, distribute, loan, share, give or lend the Book or extract to any other person, including, but not limited to, to your friends (except in the limited circumstances explained at section 7.1 above);
- communicate to the public, publicly perform, transmit, broadcast or use the Book or extract or item of Goods for any promotional or other commercial purposes;
- translate, modify, adapt or create any derivative works of the Book, extract or item of Goods;
- remove or in any way amend or tamper with any copyright or trade-mark notice or other identifier contained in the Book, extract or item of Goods;
- interfere with, remove, alter or circumvent (or attempt any of the actions listed in this section above in respect of) any of the security measures and technology (including rights or identification management and copyright protection technology) used in connection with the Book or extract or take any other action that may infringe any rights of the copyright owners of the Book, extract or item of Goods; and/or
- make any use of the Book or extract in any form, by any manner or for any purpose (whether commercial or non-commercial) except as expressly set out in section 7.1 above.
(b) You may, for your own private, non-commercial use, in respect of any Book or extract that you own, and strictly for the purposes of back-up, format-shifting, storage or creating an accessible copy: (i) copy the Book or extract; and/or (ii) print a copy of the Book or extract. However, you may not permit others to carry out the acts specified in this section 7.3(b).
7.4 Please be aware that if you use any of the Books or extracts in a way other than is specifically permitted under these Terms, you may be infringing copyright or other rights and therefore may be exposed to civil and/or criminal legal action.
7.5 Various third parties (including, but not limited to, some of our Partners) operate eBook/digital audio book platforms and services (such as online eBook/digital audio book shops and apps) and offer devices to enable their customers to read or listen to books (such as computers, tablet devices, MP3 players, mobile phones, eBook readers and other devices). In these Terms, we refer to those third-party platforms, services and devices as "Third-party Systems". From time to time, we may put in place arrangements with Partners so that Books you have purchased from us are easier to access and enjoy through that Partner's Third-party System(s). Even where the Third-party System is provided by one of our Partners, please be aware of the following:
- If you want to purchase a Book from us with a view to accessing it through a Third-party System, you may have to have an account with the relevant third party in order to so do. You should take this into consideration before you purchase the Book from us. To check whether and how Books purchased from us can be accessed through a particular Third-party System, please refer to our FAQ pages. We are not obliged to offer you a refund where you have purchased a Book but are not able to access it on a Third-party System.
- The use of a Third-party System may be subject to the terms and conditions of the relevant third party, and you should ensure that you read and understand those terms and conditions if you wish to use the Third-party System to access Books purchased from the Pottermore Shop.
- We are not responsible for any Third-party Systems or any problems you may have in using them, and we make no representation, warranty, or guarantee regarding the installation, use, availability or effectiveness of such Third-party Systems. If you have a query in relation to a Third-party System or are having trouble using it, you should contact the relevant third party - see the contact section within our FAQ pages. You may also wish to refer to our FAQ pages to check whether and how Books purchased from us can be accessed through the relevant Third-party System.
Those who access or use the Pottermore Shop from other jurisdictions besides the United States do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, such as the state of New Jersey, some of the below limitations of liability may not apply to you; all other provisions of these Terms remain in full force and effect.
8.1 THE POTTERMORE SHOP AND THE INFORMATION, GRAPHICS, MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE, INCLUDING, BUT NOT LIMITED TO, THIS SITE’S INFORMATION, PRODUCTS, GRAPHICS AND/OR OTHER MATERIALS, WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE HARDWARE AND INFRASTRUCTURE THAT MAKE IT AVAILABLE, IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE OR THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE.
8.2 IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS TO OR THROUGH YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT EXCEED $100, EXCEPT THAT OUR MAXIMUM LIABILITY IN RELATION TO ANY ORDER YOU PLACE ON THE POTTERMORE SHOP SHALL NOT EXCEED THE AMOUNT EQUAL TO YOUR PURCHASE PRICE.
8.3 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND MANAGERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF OUR PRODUCTS, EVEN IF WE (OR OUR AUTHORIZED REPRESENTATIVE(S)) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.4 Occasionally we are unable to perform our obligations under these Terms due to circumstances beyond our reasonable control. In such circumstances, including fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability to perform or delay in performing our obligations will not be deemed to be a breach of contract.
9.1 You agree to indemnify, defend, and hold harmless us, our subsidiaries and affiliates, and our and their members, managers, officers, directors, employees, agents, licensors, retailers and suppliers (collectively, the “Service Providers”) from and against all claims (whether or not such claims are merely alleged or otherwise), losses, expenses, damages and costs, including reasonable attorneys’ fees, costs, and expenses resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Pottermore Shop using your account or computer. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.
10.1 Governing Law: These Terms and your use of the Pottermore Shop shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of New York, U.S.A., without giving effect to any principles of any choice of law provisions.
10.2 Timing of Claims: Any cause of action or claim you may have with respect to the Pottermore Shop (including, but not limited to, the purchase of Goods or Books) must be commenced within one (1) year after the claim or cause of action arises.
10.3 Arbitration and Venue: Any dispute relating in any way to your visit to the Pottermore Shop shall be submitted to confidential arbitration in New York, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, including in New York, and you consent to jurisdiction and venue in such courts in New York. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator. Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard each party shall pay for and bear its own costs and legal fees, costs and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).
10.4 Final Arbitration: The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
10.5 Class Action Waiver: To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER VISITORS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
11. Changes to these Terms
11.1 Subject to applicable law, we may change these Terms from time to time. See the end of these Terms for details of the date when they were last updated. In the event of a material change, we may notify you of such changes by sending you an email to the last email address that you provided to us and/or by posting a copy of the changes on the Pottermore Shop. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification. Your continued use of the Pottermore Shop following our posting of any changes to these Terms means that you accept those changes.
11.2 For each order made on the Pottermore Shop, the version of these Terms in force at the time when you ordered the relevant item from us will apply to the order, unless any change to these Terms is imposed by law or governmental authority (in which case, it will automatically apply to orders previously placed by you). If, however, after accepting your order, we need (for any other reason) to change these Terms as they apply to the order, we shall contact you to give you reasonable advance notice of the changes and let you know how to cancel the order if you are not happy with the changes. In such case: (a) you may cancel either for the whole order or just the part of the order that you have yet to download or access in the case of Book(s) or the part of the order that has not yet been dispatched in the case of Good(s); and (b) if you choose to cancel, we shall arrange a corresponding refund of the price that you have paid.
11.3 You are responsible for keeping your account information up to date, including your email address. If the email address to which we send notification to you under this section is no longer valid but you have failed to notify us of this, the sending of our email (notifying you of modified Terms) will be deemed, nonetheless, to be effective notice of the modified Terms. Please also read about changes and notifications of changes to the way we collect, use and/or share personal information in our Privacy & Cookies Policy.
12. Further information, complaints and how to contact us
12.1 Further information - Our pottermore.com Terms & Conditions and other company information can be found here.
12.2 Miscellaneous - Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Some people who endorse our products may receive consideration for their endorsement.
12.3 How to contact us
If you have any questions about the information in these Terms, or would like further information, please feel free to contact us:
By online form: contact us
By post: Pottermore Limited, PO Box 7828, London W1A 4GE, UK.
By email: You can send us a query about the Pottermore Shop by using the contact form linked to in the footer of pottermore.com or by emailing us directly at email@example.com.
Last updated: 24 May 2018