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Terms and Conditions of Sale
These terms and conditions apply to all purchases of goods from us. If you do not wish to accept these terms and conditions you will not be able to purchase any goods from us.
1. Introduction
1.1 http://www.lucky-escape.com, http://www.lucky-escape.co.uk, http://www.lucky-escape.eu, http://www.drinking-game.co.uk, http://www.gamesngadgets.co.uk are sites operated by us (Games and Gadgets Ltd). We are registered in England and Wales under company number 06387477 and with our registered office at 1st Floor Suffolk House, Trade Street, Cardiff CF10 5DT. Our VAT number is 945185795.
1.2 We agree to supply the drinking games (Goods) as displayed on our website to you (the Customer) subject to the following terms and conditions.
1.3 No variation of these terms and conditions shall be binding unless agreed in writing between our authorised representatives and you. Subject to any such agreement, these terms will take precedence and shall apply to the exclusion of any other terms. We reserve our right to vary these terms from time to time.
1.4 You may place an order to buy Goods online or by telephone or email. Acceptance by us of orders are subject to availability, account status and where required payment processing. We will acknowledge receipt of your order however the contract between you and us will not be completed until we have confirmed that your order of Goods has been accepted and will be dispatched by sending you an email.
1.5 Our website describes the Goods in detail but changes may be made to the specification of the Goods from time to time (including changes in colour, questions and design).
2. Availability and Delivery
2.1 Any dates specified by us for delivery of the Goods are intended to be an estimate only. Orders will be fulfilled on the dispatch date or within a reasonable time thereafter. Delivery prices are for delivery in the UK only, for delivery outside the mainland or to other countries, please contact enquiries@gamesngadgets.co.uk.
2.2 Time is not of the essence for delivery. If no dates are specified in the order confirmation, delivery shall be made within a reasonable time.
2.4 We will not be liable for any non delivery of Goods. You are required to notify us within 7 days of any delivery date if the Goods are not received, we will only accept liability which is due to our negligence. If you are not available to accept a delivery, a card will be left for you, with details to arrange collection or re-delivery. If you do not collect or arrange re-delivery within 5 days, the Goods may be returned to our warehouse, and we reserve the right to refund the price you paid, less our reasonable costs of the return.
3. Price and Payment
3.1 Unless otherwise agreed by us, the price of the Goods will be as quoted on our website from time to time, and confirmed in the order confirmation.
3.2 Unless otherwise stated prices exclude VAT and delivery charges which will be added to the total amount due.
3.3 Payment for all Goods will be in advance by credit/debit cards, paypal or google payments.
4. Risk
4.1 The Goods will be at your risk from the time of delivery to you.
5. Warranty and Liability
5.1 We warrant the Goods purchased by you will be of satisfactory quality and fit for purpose and will comply with applicable consumer standards. All other warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law, excluded from the contract.
5.2 Subject to clause 5.3, our total liability for losses you suffer as a result of our breaking the contract is strictly limited to the purchase price of any affected Goods purchased by you.
5.3 Nothing in these terms excludes or limits our liability to you for death or personal injury caused by our negligence, or under section 2(3) of the Consumer Protection Act 1987; for fraud or fraudulent misrepresentation; or for any matter for which it would be illegal for the Company to exclude, or attempt to exclude, our liability. Nothing in this clause 5.3 affects your statutory rights.
5.4 We are not responsible for indirect or consequential losses which happen as a side effect of the main loss or damage howsoever caused.
6. Consumer Rights
6.1 If you are contracting as a consumer, you may cancel the contract at any time within seven working days beginning the day after you receive the Goods. Any cancellations must be made in writing and the Goods must be returned to us immediately and in the same condition in which they were received by you. You have a legal duty to take reasonable care of any Goods being returned, and to pay for their safe return.
6.2 We will process the refund due to you as soon as possible following receipt of the Goods and in any case within thirty days of the day you have given notification of your cancellation. In this case we will refund the price of the Goods in full, including the delivery costs. You will, however, be responsible for any cost of returning the Goods to us.
7. Returns
7.1 Subject to clause 6, Goods can only be returned with our prior agreement, which will be confirmed with a valid returns reference number for the Goods. Any returns based on a defect in quality or their failure to correspond with specification must be made within 7 days of receipt of the Goods and the reason for return must be identified. We will examine the returned Goods and will notify you of your refund via e-mail within a reasonable period of time.
We reserve the right not to refund or replace any Goods which have been opened and/or damaged.
7.2 Any Goods returned must be in original unmarked condition and packaging, together with our returns reference number, be clearly addressed and sent to our warehouse address which appears below.
Norman Global Logistics Ltd
Unit 9 Owl Close
Moulton Park
Northampton
NN3 6HZ
7.3 Where we agree to replace returned Goods, we will arrange re-delivery, if you are not available for delivery, a card will be left at the delivery address. You will have 5 working days from that date to collect the Goods or to re organise delivery. If you do not do so within 5 working days, the Goods will be returned to our warehouse and we will arrange for a refund of the price you paid, less our reasonable administration and collection charges.
8. General
8.1 We reserve the right to defer the date of delivery; cancel the contract or reduce the volume of the Goods ordered by you (without liability to you) if we are prevented from or delayed in carrying on of our business due to circumstances beyond our reasonable control. We will use our reasonable efforts to fulfil any affected order within a reasonable time period.
8.2 By placing an order with us you warrant that you are at least 18 years old.
8.3 Any failure or delay in enforcing any provision of the contract shall not be construed as a waiver of any of our rights under the contract, and any waiver of a breach will not be deemed to apply to subsequent defaults.
8.4 The parties to the contract do not intend that any term of the contract shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
8.5 If any provision of the contract is found by any court or tribunal to be wholly or partly illegal, invalid, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, unenforceability or unreasonableness be deemed severable and the remaining provisions of the contract and the remainder of such provision shall continue in full force and effect.
8.6 Except where specified otherwise, any notice to be given under this contract shall be in writing and shall be delivered by hand, sent by first class post or by email (such notice to be confirmed by letter) to the address of the other party.
8.7 This contract and any dispute or claim arising out of or in connection with it is governed by English law, and the parties submit to the exclusive jurisdiction of the English courts.
8.8 All promotional offers are subject to availability at the time of the purchase and may be withdrawn at any time. These offers only apply to the promotional period stated and cannot normally be combined with any other offer.
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