TERMS OF SALE
Please read all of these Terms before purchasing from our website.
As we can accept your order and make a legally enforceable agreement without
further reference to you, you must read these Terms to make sure that they contain
all that you want and nothing that you are not happy with. If you are not sure about
anything, just phone us on +44 191 468 3065.
Application
1. These Terms will apply to the purchase of the goods by you
(the Customer or you). We are Red October Gaming Ltd whose trading
name is Red October Games a company registered in England and
Wales under number 16350596 whose registered office is at 20 Blaydon
Avenue, SR5 4LL and whose trading address is Main Road, Mickley, NE43
7BW with email address admin@redoctobergames.co.uk; telephone
number +44 191 468 3065 ; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the
Goods, you agree to be bound by these Terms. By ordering any of the
Services, you agree to be bound by these Terms. You can only purchase the
Goods from the Website if you are eligible to enter into a contract and are at
least 18 years old.
Interpretation
1. Consumer means an individual acting for purposes which are wholly or
mainly outside their trade, business, craft or profession;
2. Contract means the legally-binding agreement between you and us for the
supply of the Goods;
3. Delivery Location means the Supplier's premises or other location where the
Goods are to be supplied, as set out in the Order;
4. Durable Medium means paper or email, or any other medium that allows
information to be addressed personally to the recipient, enables the recipient
to store the information in a way accessible for future reference for a period
that is long enough for the purposes of the information, and allows the
unchanged reproduction of the information stored;
5. Goods means the goods advertised on the Website that we supply to you of
the number and description as set out in the Order;
6. Order means the Customer's order for the Goods from the Supplier as
submitted following the step by step process set out on the Website;
7. Privacy Policy means the terms which set out how we will deal with
confidential and personal information received from you via the Website;
8. Website means our website www.redoctobergames.com on which the Goods
are advertised.
Goods
1. The description of the Goods is as set out in the Website, catalogues,
brochures or other form of advertisement. Any description is for illustrative
purposes only and there may be small discrepancies in the size and colour of
the Goods supplied.
2. In the case of any Goods made to your special requirements, it is your
responsibility to ensure that any information or specification you provide is
accurate.
3. All Goods which appear on the Website are subject to availability.
4. We can make changes to the Goods which are necessary to comply with any
applicable law or safety requirement. We will notify you of these changes.
Personal Information
1. We retain and use all information strictly under the Privacy Policy.
2. We may contact you by using e-mail or other electronic communication
methods and by pre-paid post and you expressly agree to this.
Basis of Sale
1. The description of the Goods in our website does not constitute a contractual
offer to sell the Goods. When an Order has been submitted on the Website,
we can reject it for any reason, although we will try to tell you the reason
without delay.
2. The Order process is set out on the Website. Each step allows you to check
and amend any errors before submitting the Order. It is your responsibility to
check that you have used the ordering process correctly.
3. A Contract will be formed for the sale of Goods ordered only when you
receive an email from us confirming the Order (Order Confirmation). You
must ensure that the Order Confirmation is complete and accurate and inform
us immediately of any errors. We are not responsible for any inaccuracies in
the Order placed by you. By placing an Order you agree to us giving you
confirmation of the Contract by means of an email with all information in it (ie
the Order Confirmation). You will receive the Order Confirmation within a
reasonable time after making the Contract, but in any event not later than the
delivery of any Goods supplied under the Contract.
4. Any quotation is valid for a maximum period of 5 days from its date, unless
we expressly withdraw it at an earlier time.
5. No variation of the Contract, whether about description of the Goods, Fees or
otherwise, can be made after it has been entered into unless the variation is
agreed by the Customer and the Supplier in writing.
6. We intend that these Terms apply only to a Contract entered into by you as a
Consumer. If this is not the case, you must tell us, so that we can provide you
with a different contract with terms which are more appropriate for you and
which might, in some respects, be better for you, eg by giving you rights as a
business.
Price and Payment
1. The price of the Goods and any additional delivery or other charges is that set
out on the Website at the date of the Order or such other price as we may
agree in writing.
2. Prices and charges include VAT at the rate applicable at the time of the Order.
3. You must pay by submitting your credit or debit card details with your Order
and we can take payment immediately or otherwise before delivery of the
Goods.
Delivery
1. We will deliver the Goods, to the Delivery Location by the time or within the
agreed period or, failing any agreement, without undue delay and, in any
event, not more than 30 days after the day on which the Contract is entered
into.
2. In any case, regardless of events beyond our control, if we do not deliver the
Goods on time, you can (in addition to any other remedies) treat the Contract
at an end if:
1. we have refused to deliver the Goods, or if delivery on time is essential
taking into account all the relevant circumstances at the time the
Contract was made, or you said to us before the Contract was made
that delivery on time was essential; or
2. after we have failed to deliver on time, you have specified a later period
which is appropriate to the circumstances and we have not delivered
within that period.
3. If you treat the Contract at an end, we will (in addition to other remedies)
promptly return all payments made under the Contract.
4. If you were entitled to treat the Contract at an end, but do not do so, you are
not prevented from cancelling the Order for any Goods or rejecting Goods that
have been delivered and, if you do this, we will (in addition to other remedies)
without delay return all payments made under the Contract for any such
cancelled or rejected Goods. If the Goods have been delivered, you must
return them to us or allow us to collect them from you and we will pay the
costs of this.
5. If any Goods form a commercial unit (a unit is a commercial unit if division of
the unit would materially impair the value of the goods or the character of the
unit) you cannot cancel or reject the Order for some of those Goods without
also cancelling or rejecting the Order for the rest of them.
6. We do not generally deliver to addresses outside England and Wales,
Scotland, Northern Ireland, the Isle of Man and the Channels Islands. If,
however, we accept an Order for delivery outside that area, you may need to
pay import duties or other taxes, as we will not pay them.
7. You agree we may deliver the Goods in instalments if we suffer a shortage of
stock or other genuine and fair reason, subject to the above provisions and
provided you are not liable for extra charges.
8. If you or your nominee fail, through no fault of ours, to take delivery of the
Goods at the Delivery Location, we may charge the reasonable costs of
storing and redelivering them.
9. The Goods will become your responsibility from the completion of delivery or
Customer collection. You must, if reasonably practicable, examine the Goods
before accepting them.
Risk and Title
1. Risk of damage to, or loss of, any Goods will pass to you when the Goods are
delivered to you.
2. You do not own the Goods until we have received payment in full. If full
payment is overdue or a step occurs towards your bankruptcy, we can
choose, by notice to cancel any delivery and end any right to use the Goods
still owned by you, in which case you must return them or allow us to collect
them.
Withdrawal, Returns and Cancellation
1. You can withdraw the Order by telling us before the Contract is made, if you
simply wish to change your mind and without giving us a reason, and without
incurring any liability.
2. This is a distance contract (as defined below) which has the cancellation
rights (Cancellation Rights) set out below. These Cancellation Rights,
however, do not apply, to a contract for the following goods (with no others) in
the following circumstances:
1. a newspaper, periodical or magazine except subscription contracts for
the supply of them;
2. goods that are made to your specifications or are clearly personalised;
3. goods which are liable to deteriorate or expire rapidly.
3. Also, the Cancellation Rights for a Contract cease to be available in the
following circumstances:
1. in the case of a contract for the supply of sealed audio or sealed video
recordings or sealed computer software, if the goods become unsealed
after delivery;
2. in the case of any sales contract, if the goods become mixed
inseparably (according to their nature) with other items after delivery.
Right to Cancel
1. Subject as stated in these Terms, you can cancel this contract within 14 days
without giving any reason.
2. The cancellation period will expire after 14 days from the day on which you
acquire, or a third party, other than the carrier indicated by you, acquires
physical possession of the last of the Goods. In a contract for the supply of
goods over time (i.e. subscriptions), the right to cancel will be 14 days after
the first delivery.
3. To exercise the right to cancel, you must inform us of your decision to cancel
this Contract by a clear statement setting out your decision by emailing
admin@redoctobergames.co.uk. In any event, you must be able to show clear
evidence of when the cancellation was made, and must include the order
number or a copy (photo) of the receipt.
4. To meet the cancellation deadline, it is sufficient for you to send your
communication concerning your exercise of the right to cancel before the
cancellation period has expired.
Effects of Cancellation in the Cancellation Period
1. Except as set out below, if you cancel this Contract, we will reimburse to you
all payments received from you, including the costs of delivery (except for the
supplementary costs arising if you chose a type of delivery other than the
least expensive type of standard delivery offered by us).
Deduction for Goods Supplied
1. We may make a deduction from the reimbursement for loss in value of any
Goods supplied, if the loss is the result of unnecessary handling by you (ie
handling the Goods beyond what is necessary to establish the nature,
characteristics and functioning of the Goods: eg it goes beyond the sort of
handling that might be reasonably allowed in a shop). This is because you are
liable for that loss and, if that deduction is not made, you must pay us the
amount of that loss.
Timing of Reimbursement
1. If we have not offered to collect the Goods, we will make the reimbursement
without undue delay, and not later than:
1. 14 days after the day we receive back from you any Goods supplied, or
2. (if earlier) 14 days after the day you provide evidence that you have
sent back the Goods.
2. If we have offered to collect the Goods or if no Goods were supplied, we will
make the reimbursement without undue delay, and not later than 14 days after
the day on which we are informed about your decision to cancel this Contract.
3. We will make the reimbursement using the same means of payment as you
used for the initial transaction, unless you have expressly agreed otherwise; in
any event, you will not incur any fees as a result of the reimbursement.
Returning Goods
1. If you have received Goods in connection with the Contract which you have
cancelled, you must send back the Goods or hand them over to us at Main
Road, Mickley, NE43 7BW without delay and in any event not later than 14
days from the day on which you communicate to us your cancellation of this
Contract. The deadline is met if you send back the Goods before the period of
14 days has expired. You agree that you will have to bear the cost of returning
the Goods.
2. For the purposes of these Cancellation Rights, these words have the following
meanings:
1. distance contract means a contract concluded between a trader and
a consumer under an organised distance sales or service-provision
scheme without the simultaneous physical presence of the trader and
the consumer, with the exclusive use of one or more means of distance
communication up to and including the time at which the contract is
concluded;
2. sales contract means a contract under which a trader transfers or
agrees to transfer the ownership of goods to a consumer and the
consumer pays or agrees to pay the price, including any contract that
has both goods and services as its object.
Conformity
1. We have a legal duty to supply the Goods in conformity with the Contract, and
will not have conformed if it does not meet the following obligation.
2. Upon delivery, the Goods will:
1. be of satisfactory quality;
2. be reasonably fit for any particular purpose for which you buy the
Goods which, before the Contract is made, you made known to us
(unless you do not actually rely, or it is unreasonable for you to rely, on
our skill and judgment) and be fit for any purpose held out by us or set
out in the Contract; and
3. conform to their description.
3. It is not a failure to conform if the failure has its origin in your materials.
Successors and Our Sub-Contractors
1. Either party can transfer the benefit of this Contract to someone else, and will
remain liable to the other for its obligations under the Contract. The Supplier
will be liable for the acts of any sub-contractors who it chooses to help
perform its duties.
Circumstances Beyond the Control of Either Party
1. In the event of any failure by a party because of something beyond its
reasonable control:
1. the party will advise the other party as soon as reasonably practicable;
and
2. the party's obligations will be suspended so far as is reasonable,
provided that that party will act reasonably, and the party will not be
liable for any failure which it could not reasonably avoid, but this will not
affect the Customer's above rights relating to delivery and any right to
cancel, below.
Privacy
1. Your privacy is critical to us. We respect your privacy and comply with the
General Data Protection Regulation with regard to your personal information.
2. These Terms should be read alongside, and are in addition to our policies,
including our Privacy Policy and Cookies Policy
(https://www.redoctobergames.com/privacy-policy).
3. For the purposes of these Terms:
1. 'Data Protection Laws' means any applicable law relating to the
processing of Personal Data, including, but not limited to the GDPR.
2. 'GDPR' means the UK General Data Protection Regulation.
3. 'Data Controller', 'Personal Data' and 'Processing' shall have the same
meaning as in the GDPR.
4. We are a Data Controller of the Personal Data we Process in providing Goods
to you.
5. Where you supply Personal Data to us so we can provide Goods to you, and
we Process that Personal Data in the course of providing the Goods to you,
we will comply with our obligations imposed by the Data Protection Laws:
1. before or at the time of collecting Personal Data, we will identify the
purposes for which information is being collected;
2. we will only Process Personal Data for the purposes identified;
3. we will respect your rights in relation to your Personal Data; and
4. we will implement technical and organisational measures to ensure
your Personal Data is secure.
6. For any enquiries or complaints regarding data privacy, you can e-
mail: admin@redoctobergames.co.uk.
Excluding Liability
1. The Supplier does not exclude liability for: (i) any fraudulent act or omission;
or (ii) for death or personal injury caused by negligence or breach of the
Supplier's other legal obligations. Subject to this, the Supplier is not liable for
(i) loss which was not reasonably foreseeable to both parties at the time when
the Contract was made, or (ii) loss (eg loss of profit) to the Customer's
business, trade, craft or profession which would not be suffered by a
Consumer - because the Supplier believes the Customer is not buying the
Goods wholly or mainly for its business, trade, craft or profession.
Governing Law, Jurisdiction and Complaints
1. The Contract (including any non-contractual matters) is governed by the law
of England and Wales.
2. Disputes can be submitted to the jurisdiction of the courts of England and
Wales or, where the Customer lives in Scotland or Northern Ireland, in the
courts of respectively Scotland or Northern Ireland.
3. We try to avoid any dispute, so we deal with complaints in the following way: If
a dispute occurs customers should contact us by emailing
admin@redoctobergames.co.uk with a detailed summary of their complaint.
We will aim to respond with an appropriate solution within 5 working days..