Terms and Conditions
General
1. The owner of this web site is Games Centre Limited whose address is
Games Centre Ltd, Unit 6, James Little Industrial Estate, Kilmarnock,
KA1 4AT (‘gamescentre.co.uk’/‘we’/‘us’/‘our’).
Registration number SC250450.
2. Your contract for purchases made through the Site is with Gamescentre.co.uk,
and you undertake that any and all goods ordered by you are for your
own private and domestic use only.
3. You must be eighteen years old to use this site. If you are under
eighteen, you may only use the site in conjunction with, and under the
supervision of, a parent or guardian. If you do not qualify, please do
not use the site.
4. You agree that e-mail can be used as a long-distance means of communication.
5. No contract for the sale of any product will subsist between you and
Gamescentre.co.uk unless and until Gamescentre.co.uk accepts your order
by way of an e-mail confirming that it has received payment in full for
all the goods you have ordered. That acceptance will be deemed complete
and will be deemed for all purposes to have been effectively communicated
to you at the time Gamescentre.co.uk sends the e-mail to you (whether
or not you receive that e-mail). This confirmation e-mail amounts to
an acceptance by Gamescentre.co.uk of your offer to buy goods from Gamescentre.co.uk
or a third party supplier that is engaged on your behalf by Gamescentre.co.uk.
6. The confirmatory e-mail will contain a link to these terms and conditions,
and may be amended in accordance with paragraph 43 below from time to
time.
7. You must check that the details on this confirmatory e-mail are correct
as soon as possible and you should print out and keep a copy of it.
8. Gamescentre.co.uk will not pass on your personal or credit or debit
card details to any third party. We shall be entitled to process your
data in accordance with the terms of our Privacy Policy. Please view
this document for further information.
9. You undertake that all details you provide to Gamescentre.co.uk for
the purpose of ordering or purchasing goods or services are correct,
that the credit or debit card you are using is your own and that there
are sufficient funds to cover the cost of the goods or services ordered.
10. You must choose a username and password on completion of registration.
You are responsible for all actions taken under that username and password
and shall only use the Site under your own username and password. You
must make every effort to keep your password safe and should not disclose
it to anyone. If it is compromised, you must change it. You may not transfer
or sell your username to anyone, nor permit, either directly or indirectly,
anyone to use your username or password.
11. If there are any changes to the details supplied by you it is your
responsibility to inform Gamescentre.co.uk as soon as possible.
12. All purchases are non-exchangeable, non-refundable and non-transferable.
13. You may cancel your order at any time prior to your order being processed
by clicking on the ‘cancel’ link next to the product ordered
on your account page on the website. We can also accept cancellations
by email to terms@gamescentre.co.uk or by post or by telephoning 0845 362 2202 during normal office hours. You may also withdraw from the contract
at any time after the product has been dispatched and you have received
our email confirming your order but no later than 7 working days after
the day after you receive the product by:
1. sending the notice of cancellation by email to terms@gamescentre.co.uk ensuring that you quote your name, address and order reference number;
or
2. where you have already received the goods, returning the goods to
Gamescentre.co.uk unopened together with the original invoice. Gamescentre.co.uk
will refund you the purchase price of the goods. Where appropriate Gamescentre.co.uk
shall refund any additional customs duties borne by you on receipt of
the relevant customs receipt. (Do you want to make this subject to your
returns policy?)
14. Once Gamescentre.co.uk receive notification from you that you wish
to withdraw from the contract (in accordance with these terms), any sum
debited to Gamescentre.co.uk from your credit card in relation to your
order will be re-credited to that credit card account as soon as possible
and in any event within 30 days of your order provided that the goods
you wish to return are received by Gamescentre.co.uk in the condition
that they were in when delivered to you. You will be liable for any charges
incurred in returning the goods to Gamescentre.co.uk.
15. Gamescentre.co.uk reserves the right to make a 15% restocking charge
for any goods which are not returned in mint condition or to refuse to
accept such goods, at its sole discretion. Gamescentre.co.uk also reserves
the right to make a charge for collecting goods from your premises in
circumstances where they are not defective but you have cancelled your
order. Your statutory rights are not affected.
Liability
17. This section applies only to the extent permitted by law. For the
avoidance of doubt, Gamescentre.co.uk do not exclude or limit any liability
for (a) personal injury (including sickness and death) where such injury
results from Gamescentre.co.uk’s negligence or wilful default,
or that of Gamescentre.co.uk's employees, agents or subcontractors or
(b) fraudulent misrepresentation.
18. Gamescentre.co.uk does not accept liability (except as set out below)
for any errors and omissions and reserve the right to change information,
prices, specifications and descriptions of listed goods, products and
services.
19. If an error is discovered in the price of the goods that you have
ordered, we will inform you as soon as possible. In the event that you
order an item and the price published on the Site is incorrect for any
reason, we will contact you to let you know the correct price and ask
you whether you still wish us to fulfil your order at this price. We
shall be under no obligation to fulfil an order for a product which was
advertised at an incorrect price. We shall give you the option of confirming
the order at the correct price or if you so choose, to cancel the order
altogether. If you cancel and have already paid for the goods in the
circumstances described in this clause, we shall refund the full amount
in accordance with these Terms.
20. Gamescentre.co.uk will do its best to correct errors and omissions
as quickly as practicable after being notified of them.
21. TO THE FULLEST EXTENT PERMITTED BY LAW, GAMESCENTRE.CO.UK IS PROVIDING
THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES
NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. IN ADDITION, GAMESCENTRE.CO.UK DOES NOT REPRESENT OR WARRANT
THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR
CURRENT.
22. In the unlikely event that you receive goods which were not what
you ordered or which are damaged or defective, or are of a different
quantity to that stated on your order form, Gamescentre.co.uk shall,
at its own option, make good any shortage or non-delivery, replace or
repair any damaged or defective goods, or refund to you the amount you
paid for the goods in question PROVIDED THAT you notify Gamescentre.co.uk
of the problem in writing at the address stated in the confirmation e-mail
within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE
AFFECTS YOUR STATUTORY RIGHTS.
23. You and Gamescentre.co.uk will only be liable under these Terms for
losses which are a reasonably foreseeable consequence of the relevant
breach of contract.
24. The products sold on the Site are provided for private domestic and
consumer use only. Accordingly, Gamescentre.co.uk do not accept liability
for any indirect loss, consequential loss, loss of data, loss of income
or profit, loss of damage to property and/or loss from claims of third
parties arising out of the use of the Site or for any products or services
purchased from Gamescentre.co.uk.
25. All New electrical products are covered by a twelve month manufacturer's
warranty. If your product develops a fault while under warranty, please
contact Gamescentre.co.uk and we will advise you where to send it for
repair. It is a "return to base" warranty therefore there will
be a delivery charge to return the product back to the relevant UK service
centre.
Processing of orders
26. Credit and Debit cards are debited on the day of shipping by Gamescentre.co.uk.
All prices include sales taxes (where applicable) unless otherwise stated,
and no charge is made for shipping only on selected items.
27. Gamescentre.co.uk aims to arrange shipment of all ‘in stock’ items
within 24-48 hours of receiving your order. Your order may be delayed
if the item is not in stock with our suppliers. Some items may be unavailable
and the current stock status is approximate. Gamescentre.co.uk are not
able to supply dates our suppliers may get an item in stock.
28. Our standard Returns Policy applies to all purchases from Gamescentre.co.uk.
Delivery/title/risk
30. The period stated within which you will receive your order is approximate.
Goods will be sent to the address given by you in your order and stated
in the Order Confirmation. Please note that your goods may be sent to
you in instalments. You may cancel your entire order with us if subsequent
instalments forming part of your order are not delivered by us.
31. Title to any product ordered will pass to you once Gamescentre.co.uk
has received payment in full for that product. Risk in any product ordered
will pass upon delivery to you. (That I would understand is at the point
of consignation into the hands of the Post Office for delivery to the
receipient)
32. If your delivery address is outside of Great Britain, you may be
subject to import duties and taxes, which are levied once a shipment
reaches your country. Any such additional charges for customs clearance
must be borne by you. You should note that customs policies vary widely
from country to country; Gamescentre.co.uk advises each customer to contact
their local customs office for further information.
33. Please note that when shipping products internationally, you should
be aware that cross-border shipments are subject to opening and inspection
by customs authorities.
34. For Christmas Deliveries, we recommend that you order by the 18th
December. We will endeavour to dispatch all ‘in stock’ orders
within 24 hours, however we cannot guarantee delivery on or before the
24th December as the post may be delayed in your area.
Miscellaneous
35. We shall have no liability to you for any delay in the delivery of
products ordered or any other matters to the extent that the delay is
due to any event outside our reasonable control, including but not limited
to acts of God, war, flood, fire, labour disputes, strikes, lock-outs,
riots, civil commotion, malicious damage, explosion, governmental actions
and any other similar events.
36. We shall have no liability (including liability for negligence) for
the acts or omissions of telecommunications service providers or for
failures of, or faults in their networks and equipment.
37. No waiver by us of any breach of these Terms shall be considered
as a waiver of any subsequent breach of the same or any other provision.
38. You may not permit, create unauthorized framing of, or deep linking
to, the Site or the creation of derivative works thereof from any other
website under your management or control.
39. In these Terms, ‘Intellectual Property Rights’ means
patents, database rights, copyright, design rights (whether registered
or unregistered), trade marks (whether registered or unregistered) and
other similar rights, together with the right to apply for the protection
of any such rights. All Intellectual Property Rights in the Site shall
be owned by us absolutely.
40. Subject to the licence granted to you to use the Site, Gamescentre.co.uk
reserves all rights, title and interest in its Intellectual Property
Rights in the Site. Any goodwill accruing from use of Gamescentre.co.uk
and its affiliates’ trade marks, trade and business names and service
marks under this Agreement will vest in Gamescentre.co.uk and its affiliates,
as appropriate.
41. It is a crime to use a false name or a known invalid credit card
to order. Anyone caught wilfully entering an erroneous or fictitious
order will be prosecuted to the fullest extent of the law. Gamescentre.co.uk
tracks the electronic ‘fingerprints’ of every order placed
on Gamescentre.co.uk to enable us and all legitimate crime prevention
and prosecution authorities to trace individual users engaging in criminal
activities on our website.
42. We reserve the right to terminate this Agreement and to suspend or
terminate your access to the Site immediately and without notice to you
if:
1. you fail to make any payment to us when due;
2. you breach the terms of this Agreement (repeatedly or otherwise);
3. when requested by us to do so, you fail to provide us within a reasonable
time with sufficient information to enable us to determine the accuracy
and validity of any information supplied by you, or your identity;
4. we suspect you have engaged, or about to engage, or have in any way
been involved, in fraudulent or illegal activity on the Site.
43. Gamescentre.co.uk may amend these Terms from time to time, and place
the new version on the Site. When Gamescentre.co.uk do so, it will mention
the fact on our home page (www.Gamescentre.co.uk). For users purchasing
goods or registering on the Site for the first time, all purchases from
the date that the amended terms are placed on our website onwards will
be governed by those new terms Otherwise, such changes will be effective
against existing users thirty days following posting of the amended version
on the Site except when we are legally bound to make immediate changes
to one or more of the terms when such changes will become immediately
effective. Your continued use of the Site following Gamescentre.co.uk’s
posting of any changes will constitute your acceptance of such changes.
If you do not agree to any changes to these Terms, then your only remedy
is to cease using the Site.
44. These Terms supersede any and all other conditions, understandings,
commitments, agreements or representations (except fraudulent misrepresentations)
relating to your purchase, whether oral or in writing, and contain the
entire agreement between Gamescentre.co.uk and you relating to your purchase.
Gamescentre.co.uk advises that you print off and keep safe a copy of
these terms and conditions once your order has been accepted by Gamescentre.co.uk.
We will store a copy of the contract entered into by you with Gamescentre.co.uk.
You are advised to read (and are responsible for reading) fully all information
on this website.
45. If any provision of these Terms shall be held by any competent authority
to be invalid or unenforceable in whole or in part, the validity of the
remaining parts of these Terms and the remainder of the affected provision
shall be unaffected.
