TERMS AND CONDITIONS
THIS DOCUMENT SETS OUT THE TERMS AND CONDITION ON WHICH WARGAMING247.COM SUPPLY ANY OF THE PRODUCTS (“PRODUCTS”) LISTED ON WWW.LOSTARKGAMES.COM (“WEBSITE”) TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING YOUR ORDER FOR ANY OF THE PRODUCTS. YOU ACKNOWLEDGE THAT BY CLICKING ON THE BUTTON MARKED “I ACCEPT”, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU WILL NOT BE ABLE TO PLACE YOUR ORDER FOR ANY OF THE PRODUCTS VIA THE WEBSITE.
YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS AND CONDITIONS FOR YOUR FUTURE REFERENCE.
- INFORMATION ABOUT US AND THE WEBSITE
1.1 www.lostarkgames.com (“Website”) is owned and managed by Lost Ark Games Limited.
1.2 lostarkgames.com shall be entitled at its own discretion to suspend the Website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades and shall not be liable to you for any such suspension or unavailability of the Website.
1.3 lostarkgames.com reserve the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the Products or features of the Website therefor without notice.
1.4 lostarkgames.com may be contacted via their Stevenage Town Centre store at 1st Floor Queensway Chambers, 58 Queensway, Stevenage Town Centre, Hertfordshire SG1 1EE or by email at mick@lostarkgames.com
2 PRELIMINARY INFORMATION
2.1 By placing an order with lostarkgames.com for the purchase of the Products, you warrant that:
2.1.1 you are legally capable of entering into any binding contracts;
2.1.2 you are at least 18 years old and above; and
2.1.3 you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms and Conditions for the purchase of the Products.
3 REGISTRATION
3.1 In order to purchase the Products, you shall be required to create a customer profile on the Website (“Customer Profile”) with lostarkgames.com by completing the online registration form made available to you using the Website.
3.2 By completing the online registration form to create a Customer Profile, you consent to lostarkgames.com conducting verification and security procedures in respect of the information provided in such online registration form.
3.3 You hereby warrant that the information provided to lostarkgames.com is true, accurate and correct. You further warrant that you shall promptly notify lostarkgames.com in the event of any changes to such information.
3.4 Upon the completion and submission of the online registration form by you to lostarkgames.com shall send you a confirmation email to your email address provided in the online registration form. lostarkgames.com may also provide you with details of your Customer Profile login and password. You shall keep the login and password confidential and secure. Without prejudice to the other rights and remedies of lostarkgames.com reserves the right to promptly disable your Customer Profile and suspend your access to the Website or your ability to place an order for the Products using the Website if lostarkgames.com has reason to believe that you have breached any of the provisions set out herein.
3.5 Subject to the provisions herein and upon the creation of a Customer Profile, you may proceed with placing your order (“Order”) with lostarkgames.com for the Products using the Website.
4. FORMATION OF CONTRACT
4.1 Subject to the provisions herein and in consideration for the payment of the Charges in accordance with clause 5 hereunder, your contract with lostarkgames.com for the purchase of the Products shall commence on the date of the email sent by lostarkgames.com to you confirming your Order (“Order Confirmation Email”).
4.2 Each contract between lostarkgames.com and you relates only to those Products which have been confirmed in the Order Confirmation Email. lostarkgames.com shall not be obliged to supply any other Products which have not been set out in the Order Confirmation Email.
4.3 Notwithstanding the provision of clause 4.1 and the Order Confirmation Email, all Orders are subject to stock availability and acceptance by lostarkgames.com. In the event there is a lack of available stocks in respect of the Order or as set out in the Order Confirmation Email, lostarkgames.com reserves the rights to contact you to inform you of the same and to:
4.3.1 offer you an alternative to the Product set out in the Order or in the Order Confirmation Email which is similar in quality and value as the Product ordered; or
4.3.2 revoke the Order Confirmation Email and provide you with a full refund.
4.4 You acknowledge and agree that lostarkgames.com rely on third party service providers to make the Website (including without limitation, the functionalities therein) available to you. In addition, you acknowledge that the public electronic communications network is not controlled by lostarkgames.com and may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by the owner or operator thereof. Such circumstances may result in the Website or any part thereof being made temporarily unavailable. Liberro-games.co.uk shall take reasonable action within its control to minimise any disruption caused by such circumstances but some such interruptions may not be avoidable.
4.5 lostarkgames.com shall not be liable to you if the Website (wholly or partly) and the availability of stocks in respect of the Products are unavailable due to conditions or circumstances that are beyond lostarkgames.com’s control, including without limitation, third party service providers, third party suppliers, geographic or atmospheric conditions, local physical obstructions, software and hardware features or functionalities of personal operating systems and the number of other users.
5. PRICES AND PAYMENTS
5.1 Unless otherwise expressly set out to the contrary or in cases of obvious error, the prices (“Prices”) of all Products shall be as set out on the Website and shall be correct at the time of you placing the Order for the purchase of the Products.
5.2 Due to the nature of the business, you acknowledge and agree that the Prices may be subject to change and variation from time to time subject always that any changes in the Prices shall not be applicable to you once you have submitted your Order with lostarkgames.com.
5.3 lostarkgames.com shall use its reasonable endeavours to ensure that the Prices for the Products on the Website are accurate and correct at all times. However, you acknowledge that due to the large number of Products advertised on the Website, such Products may at times be incorrectly priced. Where there is a discrepancy between the actual Price and the advertised Price, lostarkgames.com shall inform you of the actual Price of the Product. Thereafter, you shall have the option of proceeding with your Order in consideration for the actual Price or to cancel your Order with lostarkgames.com
5.4 You may pay for your Order using the method of payment as specified on the Website. lostarkgames.com reserves the right not to process your Order if lostarkgames.com has not received payment of the Price and any other additional charges, including without limitation, any applicable taxes and delivery charges.
5.5 Unless otherwise expressly set out to the contrary, all Prices quoted on the Website shall be inclusive of applicable value added taxes and delivery charges which shall be set out separately in your Order and the Order Confirmation Email.
5.6 In the event delivery of the Product is to an address outside the United Kingdom, lostarkgames.com shall not be responsible for any additional taxes due including but not limited to importation taxes, sales taxes and any other taxes and charges that may be levied at the delivery destination.
6. DELIVERIES
6.1 lostarkgames.com aims to deliver your Order to you, subject to the provisions set out herein, in accordance with the estimated delivery time for the type of delivery which you have opted in your Order. (“Estimated Delivery Time”).
6.2 You shall become the owner of the Products when they are delivered to you, provided always that lostarkgames.com have received payment of the Price and all other related charges in full. Once the Products have been delivered to you, they will be your responsibility and, except in relation to the Products that are damaged, defective or that which falls under clause 7, we shall not be liable for any damage, loss or destruction of such Products after they have been delivered to you.
6.3 All applicable delivery charges in accordance with the type of delivery as opted by you in your Order shall be added to your Order prior to your submission on the checkout webpage of the Website and shall be set out separately in the Order Confirmation Email.
6.4 All Products are delivered using the Royal Mail, either its tracked or special delivery services, as specified by you in your Order.
6.5 In the event that you do not receive the Products within the Estimated Delivery Time please notify us via post or email. We will then investigate if the Products have correctly left our premises and we will immediately dispatch them if this is so. If you have suffered any loss through this delay you may be able to reclaim this loss, please see clause 12 for further details of losses that you can recover from us.
6.6 In the event that we have despatched the Products and they have been delayed or lost while in the care of the Royal Mail you may recover the price that you have paid and may be able to claim other losses incurred through the delay through the Royal Mail insurance cover for the type of delivery which you have selected in your order. Please ensure you take a copy of your Order Confirmation Email to any Post Office in order to make a claim. Please note that where packages are lost in transit lostarkgames.com is not able to offer a refund or re-ship the products free of charge.
7. CANCELLATION RIGHTS AND RETURNS
7.1 Subject to clauses 7.2 and 7.3, you reserve the right to cancel the contract at any time within seven (7) days (“Cooling Off Period”), beginning on the day after you have received your Order. In this case, you will receive a full refund of the monies paid to lostarkgames.com for the Products no later than thirty (30) days from the date of receipt by lostarkgames.com of your notification to cancel in accordance with the provisions of this clause 7.
7.2 Clause 7.1 shall not apply to Products which have been expressly set out on the Website as falling within the exemption of this clause 7.2 by reason that such Products are personalised and may not be returned.
7.3 To cancel a contract, you must inform lostarkgames.com in writing writing using either the postal or the email address (available to you on the Website) at any time within the Cooling Off Period.
7.4 If you cancel the Order in accordance with this clause 7,
7.4.1 prior to receipt of the Product, lostarkgames.com shall refund you the Price you have paid for your Order within thirty (30) days of your notification to cancel in accordance with this clause 7; or
7.4.2 upon receipt of the Product, lostarkgames.com shall, subject to such cancellation falling within the Cooling Off Period, advise you in respect of your return of the Product and refund you the Price you have paid for your Order. You shall upon such advice, promptly at your own cost and risk, return the Product to the designated address advised to you by lostarkgames.com.
7.5 You understand and agree that if you fail to comply with clause 7.3, lostarkgames.com shall be entitled to refuse your request to cancel during the Cooling Off Period or to refund you the monies paid to lostarkgames.com for the cancelled Order.
8. DEFECTIVE OR DAMAGED PRODUCTS
8.1 In the event the Products delivered to you are:
8.1.1 inherently defective; or
8.1.2 damaged in transit.
lostarkgames.com shall provide you with replacement of your Order, or if such Product is unavailable, then an alternative which is of the same or similar quality and value or at your election provide a refund of the Price including delivery costs of your Order. We request that when requesting a return of your Order you use the “Return Authorisation Request” page available on the Website. In the event that you elect to receive a refund lostarkgames.com will confirm the value and your entitlement to such refund in writing (“Refund Confirmation Email”) and refund any monies due as soon as possible and in any event within 30 days of the date of the Refund Confirmation Email.. lostarkgames.com shall bear the delivery costs incurred by you in returning the defective or damaged Product to us, subject always that you provide us with documentary evidence supporting such delivery costs. In the event that you suffer any additional loss or damage in this situation this shall be governed by clause 12 of these Terms.
8.2 Notwithstanding clause 8.1, you understand that the life of the Product is dependent on your use of the same and is therefore subject to wear and tear. lostarkgames.com shall not be liable to refund and/or compensate you where the Product is damaged by you through normal wear and tear.
9. ORDERS FOR DELIVERIES OUTSIDE THE UNITED KINGDOM
9.1 If you opt to access the Website and make purchases of the Products from a location outside the United Kingdom, you shall be responsible for complying with all applicable local laws.
9.2 You acknowledge and agree that due to the various systems of delivery services outside the United Kingdom, lostarkgames.com will only in some cases, be able to confirm that your Order has been delivered to the designated country of the address set out in the Order Confirmation Email. lostarkgames.com shall have no control whatsoever in respect of your local delivery services and therefore does not represent or warrant that your Order shall be delivered within a particular timescale, in the form which it was originally packaged and delivered by lostarkgames.com or at all.
9.3 lostarkgames.com does not represent or warrant that the Website or the Products made available for purchase on the Website is appropriate or lawful in locations outside the United Kingdom, or that the Products and/or the delivery thereof comply with any legal or regulatory requirements of any applicable local law which you are currently situated.
9.4 If you order Products for delivery outside the United Kingdom, you may be subject to import duties and taxes which are levied upon the delivery of such Products to the specified address. You shall be solely responsible for payment of any such import duties and taxes. lostarkgames.com has no control whatsoever in respect of such additional import duties, taxes and charges and lostarkgames.com cannot advise you what these may be. Consequently, lostarkgames.com recommends that you contact your local customs office for further information prior to placing any Order with lostarkgames.com.
9.5 For all deliveries to locations outside the United Kingdom, you shall be deemed the importer of the Products and it shall be your sole responsibility to comply with all applicable local laws and regulations of the country to which the Products are delivered. lostarkgames.com shall, in no way, be liable to you or any third parties for any breach by you of any such laws arising from or in connection with the purchase of the Products and/or lostarkgames.com’s delivery of the Products to you.
10. ADDITIONAL OBLIGATIONS
10.1 You agree that you are solely responsible and liable for all activities on the Website carried out under your Customer Profile.
10.2 You shall promptly notify lostarkgames.com in the event that there is a breach of security or any unauthorised use of your Customer Profile.
10.3 By registering a Customer Profile and using the Website, you agree that you shall not submit to appear on the Website, any review, comment, link or other material whatsoever (“User Submissions”) that may reasonably be deemed to be offensive, illegal or inappropriate or in any way:
10.3.1 promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
10.3.2 harass or advocate harassment of another person
10.3.3 display pornographic or sexually explicit material;
10.3.4 promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
10.3.5 promote any illegal activities;
10.3.6 provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
10.3.7 promote or contain information that you know or believe to be inaccurate, false or misleading;
10.3.8 engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without the prior written consent of lostarkgames.com; or
10.3.9 infringe any rights of any third party.
10.4 You further agree that at all times, you shall not:
10.4.1 use a Customer Profile with the intent of impersonating another person;
10.4.2 allow any other person to use a Customer Profile that you have registered;
create multiple Customer Profiles; or
10.4.4 use the information presented on the Website for any commercial purposes.
10.5 You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Website, but agree that lostarkgames.com may, at its sole discretion, choose to display any User Submission or any part of a User Submission that you make on the Website and hereby grant to lostarkgames.com a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
10.6 You warrant and represent that you own or are licensed to use any and all the intellectual property rights in any User Submissions that you make to the Website.
10.7 You hereby grant to lostarkgames.com a non-exclusive, irrevocable licence to make your User Submissions available to other users of the Website and to edit your User Submissions in the event that lostarkgames.com deems it necessary or desirable to do so for any reason.
10.8 If you feel that any User Submission made by other users is objectionable, you are encouraged to contact lostarkgames.com at the email address or contact details set out in clause 1 or as set out on the Website. lostarkgames.com shall use its reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as it deems necessary, if any.
10.9 In the event that lostarkgames.com, in its sole and absolute discretion, consider that you have breached any of the terms set out in this clause 10, lostarkgames.com shall reserve the right to take any action that it deems to be necessary, including without limitation, the termination forthwith and without notice, your use of and access to the Website (whether you have logged in using your Customer Profile or otherwise); and in the case of illegal use, the instigation legal proceedings as appropriate.
10.10 You may terminate your Customer Profile by ceasing all use of the Website. If you wish to have your Customer Profile removed from lostarkgames.com’s database, you must give us reasonable notice to do so. Upon termination of your Customer Profile, you shall cease to have access to certain features and elements of functionalities of the Website granted to an individual with a Customer Profile.
11. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
11.1 All warranties, representations, guarantees, conditions and terms other than those expressly set out herein whether express or implied by statute, common law, trade usage or otherwise, and whether written or oral in respect of the Website, the Product and the delivery of your Order are hereby expressly excluded to the fullest extent permissible by law.
11.2 Save for liability in respect of death and personal injury which are not limited, lostarkgames.com accepts no liability whatsoever for any indirect or consequential losses, losses arising out of or in connection with expectations of a specific nature or anticipated outcome, loss of profit or contract, loss of data, loss of business, loss of goodwill and reputation or any other loss however arising and whether caused by tort (including negligence), breach of contract or otherwise even if foreseeable.
11.6 Unless otherwise expressly set out to the contrary herein, lostarkgames.com’s liability to you in connection with any Product purchased by you through the Website is strictly limited to the Price of that Product as set out in the Order Confirmation Email.
12. INTELLECTUAL PROPERTY RIGHTS
12.1 lostarkgames.com and its licensors own all rights in the intellectual property rights relating to the Website and the Products.
12.2 You are expressly prohibited from:
12.2.1 reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website including without limitation, the User Submissions; and
12.2.2 removing, modifying, altering or using any registered or unregistered marks/logos/design owned by us or our licensors, and doing anything which may be seen to take unfair advantage of the reputation and goodwill of lostarkgames.com or could be considered an infringement of any of the rights in the intellectual property rights owned and/or licensed to lostarkgames.com.
12.2.3 This web site is completely unofficial and in no way endorsed by Games Workshop Limited. or Mantic Entertainment Limited Adeptus Astartes, Battlefleet Gothic, Black Flame, Black Library, the Black Library logo, BL Publishing, Blood Angels, Bloodquest, Blood Bowl, the Blood Bowl logo, The Blood Bowl Spike Device, Cadian, Catachan, the Chaos device, Cityfight, the Chaos logo, Citadel, Citadel Device, City of the Damned, Codex, Daemonhunters, Dark Angels, Dark Eldar, Dark Future, the Double-Headed/Imperial Eagle device, ‘Eavy Metal, Eldar, Eldar symbol devices, Epic, Eye of Terror, Fanatic, the Fanatic logo, the Fanatic II logo, Fire Warrior, Forge World, Games Workshop, Games Workshop logo, Genestealer, Golden Demon, Gorkamorka, Great Unclean One, the Hammer of Sigmar logo, Horned Rat logo, Inferno, Inquisitor, the Inquisitor logo, the Inquisitor device, Inquisitor:Conspiracies, Keeper of Secrets, Khemri, Khorne, Kroot, Lord of Change, Marauder, Mordheim, the Mordheim logo, Necromunda, Necromunda stencil logo, Necromunda Plate logo, Necron, Nurgle, Ork, Ork skull devices, Sisters of Battle, Skaven, the Skaven symbol devices, Slaanesh, Space Hulk, Space Marine, Space Marine chapters, Space Marine chapter logos, Talisman, Tau, the Tau caste designations, Tomb Kings, Trio of Warriors, Twin Tailed Comet Logo, Tyranid, Tyrannid, Tzeentch, Ultramarines, Warhammer, Warhammer Historical, Warhammer Online, Warhammer 40k Device, Warhammer World logo, Warmaster, White Dwarf, the White Dwarf logo, and all associated marks, names, races, race insignia, characters, vehicles, locations, units, illustrations and images from the Blood Bowl game, the Warhammer world, the Talisaman world, and the Warhammer 40,000 universe are either ®, TM and/or © Copyright Games Workshop Ltd 2000-2010, variably registered in the UK and other countries around the world. Used without permission. No challenge to their status intended. All Rights Reserved to their respective owners.
13. PRIVACY POLICY
13.1 lostarkgames.com enforce a strict privacy policy which is available by clicking here. The terms of the Privacy Policy form part of these Terms and Conditions and you agree to be bound by them.
14. GENERAL
14.1 If lostarkgames.com fail at any time to insist upon strict performance of its obligations under these Terms and Conditions, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms and Conditions, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by lostarkgames.com of any default shall no constitute a waiver of any subsequent default.
14.3 No waiver by lostarkgames.com of any of the Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
14.4 All notification and communication to lostarkgames.com should be sent to the contact details set out in clause 1 of these Terms and Conditions or the Website.
14.5 If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
14.6 These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and lostarkgames.com in respect of your use of the Website and your use of the Product, and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
14.7 You acknowledge that in entering into these Terms and Conditions, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between us except as expressly set out in these Terms and Conditions.
14.8 These Terms and Conditions are governed by and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (“Local Law”). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms and Conditions shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.