TERMS AND CONDITIONS
Welcome to https://www.gamebyte.com
- THESE TERMS
- What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us.
- Agreement of these terms. By using this website and/or placing an order, you agree to be bound by the terms and conditions set out below.
- Changes to these terms. We may change these terms and conditions from time to time without notice to you. Changes will apply to any subsequent orders received. Once your order has been confirmed, we will not be able to make any changes to the terms that apply to that order.
INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are a brand of Media Chain Group Limited whose company registration number is 10611522, whose registered office is at 127 Portland Street, Manchester, United Kingdom, M1 4PZ and whose VAT Registration number is GB 299 2027 68..
- How to contact us. You can reach our customer service team for questions, comments, and complaints by e-mail at email@example.com or you can use the contact form on our website for inquiries.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us in your order.
- ”Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
OUR CONTRACT WITH YOU
- How we will accept your order. An order placed by you constitutes an offer to us to purchase the relevant goods or services specified in the order for the price specified in the order and subject to these terms. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product (or will refund you any amount paid for the product). This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- Where we sell our products. Our Website is not for the promotion of our products to any countries where applicable laws (including sanctions requirements) prevent us from doing business and/or distributing or products.
In order to shop with us, you must:
- be at least 18 years old;
- have a credit or debit card or other payment method that we accept; and
- be authorised to use that credit or debit card or other payment method (e.g. it is in your name or you have permission to use it).
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. In particular, although we have made every effort to display the colours accurately, we cannot guarantee that your device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
OUR RIGHTS TO MAKE CHANGES
Minor changes to the products. We may make minor changes to the product:
- to reflect changes in relevant laws and regulatory requirements; or
- to implement minor technical adjustments and improvements.
- Minor changes to the products. We may make minor changes to the product:
in each case where we reasonably consider that such changes will not affect your use of the product as it was described on our website.
- More significant changes to the products and these terms. In addition, as we informed you in the description of the product on our website, we may make the following changes to the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received:
- Updates to digital content. If you purchase digital content from us, we may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
PROVIDING THE PRODUCTS
- Delivery costs. The costs of delivery will be as displayed to you on our website when you place an order.
- Any items ordered remain our property until we receive full payment. Goods will be your responsibility from the time we deliver the product to the address you gave us.
- When we will provide the products. During the order process we will let you know when we will provide the products to you. If the products are goods we will deliver them to you as soon as reasonably possible and in any event we will let you know an estimated delivery date.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- If you do not re-arrange delivery. If you fail to take delivery of the product (including in relation to any re-delivery terms offered by a courier after a missed delivery), we may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and Clause 2 will apply.
Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
- we have refused to deliver the goods;
- delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- you told us before we accepted your order that delivery within the delivery deadline was essential.
- Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under Clause 6, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods, unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage. Please contact customer services via email at firstname.lastname@example.org for a return label.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your contact information and delivery address. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and Clause 2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. We will not be responsible for any incomplete or inaccurate information you give us (for example, if this results in the products being delivered to the wrong address).
Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you (see Clause 5).
- Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 10 business days from the date of our estimated delivery day of the product, you may contact us to end the contract.
- We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see Clause 4), we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see Clause 11.6). As well as suspending the products we can also charge you interest on your overdue payments (see Clause 11.5).
YOUR RIGHTS TO END THE CONTRACT
You can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see Clause 11;
- If you want to end the contract because of something we have done or have told you we are going to do, see Clause 2;
- If you have just changed your mind about the product, see Clause 3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods; and
- In all other cases (if we are not at fault and there is no right to change your mind), see Clause 6.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at Clauses 7.2.1 to 2.4 below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
- we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
- there is a risk that supply of the products may be significantly delayed because of events outside our control;
- we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
- you have a legal right to end the contract because of something we have done wrong.
- Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. For more information, please see our Returns Policy: https://shop.gamebyte.com/pages/returns
When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
- products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; or
- any products which become mixed inseparably with other items after their delivery.
How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered.
- Have you bought goods (for example, a tent)? if so (subject to clause 4) you have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see Clause 1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. Provided that delivery can be cancelled in time, we will cancel the contract and the contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.
- You can end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
Tell us you want to end the contract. To end the contract with us, please let us know by doing the following:
- Email customer services at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Complete the contact form on our website.
- By post. Post it to us at the address on the form provided in the parcel from us. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at Lumaland c/o Styrostar Heegermühlerstrasse 64, 16225 Eberswalde, Germany. Please email customer services at firstname.lastname@example.org for a return label. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
When we will pay the costs of return. We will pay the costs of return:
- if the products are faulty or misdescribed; or
- if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong;
- Tell us you want to end the contract. To end the contract with us, please let us know by doing the following:
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
- How we will refund you. Unless otherwise agreed, we will refund you the price you paid for the products by the method you used for payment. However, we may make deductions from the price, as described below.
Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
- We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page (https://shop.gamebyte.com/pages/returns) for information about what handling is acceptable and examples. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
- The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
- If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see Clause 2.
- In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
OUR RIGHTS TO END THE CONTRACT
We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, a delivery address; or
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us or our nominated logistics partners.
- You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
IF THERE IS A PROBLEM WITH THE PRODUCT
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email our customer service team at email@example.com.
- Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
(A) Up to 30 days: if your goods are faulty, then you can get an immediate refund.
(B) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
(C) Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
See also Clause 7.3.
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage. Please email customer services at firstname.lastname@example.org for a return label.
PRICE AND PAYMENT
- Where to find the price for the product. The price of the product (which, unless otherwise stated, includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 3 for what happens if we discover an error in the price of the product you order.
- We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
- What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
- When you must pay and how you must pay. We accept payment with Visa Debit/Credit, Paypal and Mastercard. For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
- We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of The Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
- If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed.
- When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
- If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HOW WE MAY USE YOUR PERSONAL INFORMATION
USER GENERATED CONTENT
- From time to time, you may be requested or permitted to have your own content (for example, product reviews) posted on our site ("User Generated Content").
With respect to User Generated Content:
- you agree that we can use your name, username and the User Generated Content on our website and any of our social media platforms;
- you give us permission to edit, crop, adapt, enhance or modify the User Generated Content within reason;
- you agree that you won't include any personal data within the User Generated Content;
- you promise that you have any necessary permissions, consents and lawful rights to post the User Generated Content and in particular that it doesn't infringe any third party intellectual property rights or contain anything which is defamatory, unlawful, hateful, immoral or otherwise undesirable;
- you agree that we will be entitled to moderate (and at our sole discretion, delete or refuse to accept) User Generated Content.
- You understand that other users of the site and our social media platforms may also view and use the User Generated Content, and this cannot be controlled by us. If you do not want users to be able to do this, do not post or provide any User Generated Content.
OTHER IMPORTANT TERMS
- All rights, including copyright, in this website are owned by or licensed to us. Any use of the site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission.
- We have taken every care in the preparation of the content of this website. To the extent permitted by applicable law, and save as otherwise specified by us, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this website.
- Certain (hypertext) links in this site will lead to websites which are hosted by our partners. When you activate any of these you will leave the website and we have no control over, and will accept no responsibility or liability in respect of, the material on any website which is not under our control.
- These exclusions of liability shall not apply to any damages arising from death or personal injury caused by our negligence.
- Times quoted in these terms and conditions are Greenwich Mean Time or British Summer Time (as applicable) unless otherwise stated.
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
- Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To [TRADER’S NAME, ADDRESS, TELEPHONE NUMBER AND, WHERE AVAILABLE, FAX NUMBER AND E-MAIL ADDRESS TO BE INSERTED BY THE TRADER]
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate