Gamesbite Ltd. Terms and Conditions

Terms and Conditions

GAMESBITE LTD – TERMS AND CONDITIONS OF SALE

In these Terms and Conditions of Sale references to "we" and "us" are to Gamesbite Ltd, company number 06451801, registered office 5 Jupiter House, Calleva Park, Aldermaston, Reading, Berkshire, RG7 8NN.

Please read the following Terms and Conditions of Sale carefully before ordering products from us. By purchasing Goods from us, you agree to these terms of sale. These terms do not replace or affect your statutory rights.

Order Acceptance

A contract for the sale of Goods you order from us is only created once payment has been received by Gamesbite Ltd. Please note that monies may be shown as having left your account, but may not have been received by us until a later time.

Orders are subject to availability. We will not be legally bound by any factual or typographical errors on the website or other promotional materials.

Price and Delivery

Delivery prices and VAT are included in your orders upon proceeding to the Checkout screen, whereupon a VAT inclusive price will be shown - this is the price you will pay for the Goods, or as quoted on the telephone. If you place your order online we'll send you an e-mail to let you know when we've dispatched your order – it is your responsibility to provide us with your valid email address. We only ship goods to the registered billing address.

Delivery times are usually 1 to 3 working days (i.e. between the hours of 9 am to 6pm, Monday to Friday, excluding Bank Holidays) from the date we receive payment.

A signature is required on delivery of the Goods and if not provided the Goods may be returned to the local Royal Mail dispatch centre from which they will need to be collected by you in person. The Goods will be held there for a set period (usually 10 days) whereupon they will be returned to us and a further delivery charge will be deducted from your payment method for the Goods to be resent to you (£2 for Recorded Delivery, and £5 for Special Delivery).

Digital Items (such as “Microsoft Points”) will usually be sent within 24 hours from the time we receive payment during normal working days, (Monday to Friday, excluding Bank Holidays). A valid email address is required for digital items and it is your responsibility to provide such address to take digital delivery of the item. There are No Refunds for Digital Items once they have been sent. All codes are checked prior to sending. Microsoft Points are for European registered gamer accounts only.

If the Goods are not delivered, or an attempt to deliver them has not been made, within 15 working days of being dispatched, you shall be entitled to cancel your order and receive a full refund of any monies paid.

Delivery of Goods is made via Royal Mail First Class Recorded Delivery, Special Delivery or Business Next Day Post as stated at the time of ordering. Items over the price of £50 will be sent via Special Delivery or Business Next Day as standard under our disrection. The delivery of Goods made via the Royal Mail are subject to the Royal Mails standard terms and conditions which can be accessed at their website www.royalmail.com.

Delivery of Goods outside the UK will incur further delivery charges as shown on the checkout screen at the time of ordering. Such deliveries will be sent via the Royal Mail’s Registered Air Mail and are subject to the Royal Mail’s standard terms and conditions which can be accessed at their website www.royalmail.com. Alternatively a difference delivery service may be used if the Royal Mail service would be unsuitable or unavailable.

Where Goods become available for delivery at different times we reserve the right to deliver them in stages.

Once the Goods have been dispatched to you, you will hold them at your own risk and you will be liable for their loss or destruction. We will not be liable for the loss or destruction of the Goods once they have been dispatched to you.

Returns Policy

If you decide you do not require the Goods, you may return them to us within 7 days from the date of delivery provided they are returned in their original, unopened packaging and in perfect condition. Software must remain sealed, and hardware must contain all component parts. If Goods are returned

damaged, and/or with parts and components missing we reserve the right to levy a charge commensurate with our costs of processing the sale.

Faulty Goods, be it Hardware such as games consoles, and Software such as CD’s and DVD’s, where the seal has been broken, may be returned up to 30 days after the delivery date. Such items however will be subjected to testing before a refund is provided. Goods such as DVD’s and CD’s which have been damaged by the hardware in which they were used will not be replaced or refunded by us – you should contact the hardware manufacturer direct.

Faulty Goods in which the Fault transpires after 30 days from the delivery date should be returned to the hardware manufacturer, not Gamesbite Ltd.

All returned Goods must be sent to us using Recorded Delivery with suitable insurance. If you are unable to return the Goods to us and we are therefore required to arrange collection of the Goods, you will be charged such collection costs and this amount will be deducted from your refund.

International customers should be aware that we are unable to refund any postage and packaging costs incurred in returning a product to us under our Returns Policy.

Please note items bought in 'bundle deals', such as 2 for £30.00 or hardware and software packs, if returned separately, will result in the full price being charged for other items in the special offer - and the refund adjusted accordingly.

For European releases and Goods, we despatch pre-orders from our premises in time for delivery on release day. However, the date of actual delivery will also depend on factors outside our control. Release dates for non-European releases (i.e. imports) may vary and we accept no liability for any failure to meet such release dates.

Age Restricted Products

Any product with a BBFC (British Board of film Classification) rating will be clearly show and described as such on the product page for that item - in particular see the item picture. For further information on BBFC ratings, see the Video Standards Council Website or the Ask About Games Website.

All orders of Goods made must be made by a person over the age of 18 years if using debit or credit cards. We shall not be responsible for any orders made where a person under the age of 18 years uses the debit or credit card of a parent, guardian or any other person.

Warning: It is an offence to attempt to buy a certificated title if you are under age or to attempt to purchase one on behalf of someone else who is under age.

Promotions

All promotions online are subject to removal without notice and are on a on a "While Stocks Last" basis. No purchase price is guaranteed until the order is despatched.

Liability and Disclaimer

To fullest extent permitted at law and except in respect of death and personal injury caused by negligence on our part or on the part of our employees we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty condition or other term or any duty at common law or under express terms of the contract for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by negligence on our part or the part of our employees or agents or otherwise) which arise from or in connection with the use of the website, the supply of Goods or their use or resale by you, and our entire liability under or in connection with the contract shall not exceed the price of the Goods, except expressly provided in these conditions. This does not affect your statutory rights.

We reserve the right, at our discretion, to withdraw, suspend or modify the website or certain parts of the website with or without notice to you, whether on a scheduled or unscheduled basis, where we have reason to do so. You agree that we will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of the website or any service available on or through the website.

We do not accept liability for any losses or claims arising from any inability to access the website or any failure to complete a transaction.

Force Majeure

We reserve the right to delay delivery or to cancel the order or reduce the volume of the Goods ordered by you (without any liability to you) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including without limitation the personal circumstances of the owners and operators of Gamesbite Ltd, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock out, strikes or other labour disputes (whether or not relating to either party's work force), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials provided that if the event in question continues for a continuous period in excess of 14 days, you shall be entitled to give us notice in writing to terminate the order.

Invalidity

In the event that any clause in this contract is deemed to be unenforceable, the enforceability of any other part of these conditions will not be affected.

Variation

These terms and conditions cannot be varied except in writing signed by an authorised person at Gamesbite Ltd.

Governing Law and Jurisdiction

This Agreement will be governed by and construed in accordance with English Law and the English Courts.

WEEE Regulations:

The Waste Electrical and Electronic Equipment (or WEEE) Regulations are now U.K. law. All European member States including the U.K. have agreed to reduce the amount of WEEE that is being disposed of in landfill sites.

It is important that the amount of WEEE sent to landfill sites is reduced because:

Some WEEE can be re-used or recycled. The amount of landfill space available in the UK is decreasing. If we can keep WEEE out of landfill sites it means there is more landfill space available for non-recyclable waste.

WEEE can contain hazardous substances. When left in landfill sites the hazardous substances in WEEE can pollute soil and contaminate water supplies. This contamination can damage human health and the environment.

Distributors of new Electric and Electronic Equipment (or EEE) have a part to play in reducing the amount of WEEE going into landfill sites.

Gamesbite Ltd are “doing our bit” under these regulations by offering our customers free take-back of their WEEE on a like-for-like basis when they buy a new Electrical or Electronic product.

For example, if a customer bought a new games console from us we would accept their old games console and prevent it going into a landfill site by disposing of it safely. Customers must return their WEEE item to us within 28 days of purchasing their new item. Customers do not have to pay for the transportation of their WEEE to our premises.

If you wish to return your WEEE item, please contact us on the following telephone numbers: 0113 8152344 or 07809 030369 or by email on sales@gamesbite.com

Under the WEEE Regulations, all new electrical Goods should now be marked with the crossed-out wheeled bin symbol shown below:

Goods are marked with this symbol to show that they were produced after 13th August 2005, and should be disposed of separately from normal household waste.

Inclusive of Data Protection and Privacy Policy

This Policy is inclusive of, and supplemental to, our standard Data Protection and Privacy Policy available on our website.

Note: These Terms and Conditions should be read in conjunction with the information contained within the other areas of the site.

GAMESBITE LTD - DATA PROTECTION AND PRIVACY POLICY

In this Data Protection and Privacy Policy references to "we" and "us" are to Gamesbite Ltd, company number 06451801, registered office 5 Jupiter House, Calleva Park, Aldermaston Reading, Berkshire, RG7 8NN.

Gamesbite Ltd is committed to ensuring that your personal data and privacy is protected. This Policy explains how we use the information we collect about you and the procedures that we have in place to safeguard such information.

DATA PROTECTION

What information we collect and how

The information we collect via this website may include:

(1) Any personal details you type in and submit, such as name, address, details of payment, telephone numbers, email address, etc.

(2) Data which allows us to recognise you, your preferences and how you use this website. This saves you from re-entering information when you return to the site. This data is collected by cookies from your navigation around the site. A cookie is a small amount of data that we send to your computer. The data is then stored on your browser or hard disk. Most web browsers can be set to prevent you from receiving new cookies, notify you before accepting cookies or disable cookies altogether. Details about this can normally be found in the Help facility provided with your browser. If you disable cookies, you will not be able to receive personalised facilities and your progress to check out may take longer. The cookies store information only for as long as you are viewing the website. If you do not want your visits to our website to be monitored in this way you can opt-out by emailing us at sales@gamesbite.com .

(3) Your IP address (this is your computer’s individual identification number) which is automatically logged by our web server. This is used to note your interest in our website.

(4) Your preferences and use of email updates, recorded by emails we send you (if you select to receive email updates on products and offers).

What we do with your information

Any personal information we collect from you will be used in accordance with the Data Protection Act 1998 and other applicable laws. The details we collect will be used:-

(1) to process your order, to maintain guarantee records and to provide after-sales service (we may pass your details to another organisation to supply/deliver products or services you have purchased and/or to provide after-sales service);

(2) to carry out security checks (this may involve passing your details to Experian Limited, or another credit reference agency, who will check details we give them against public and private databases and may keep a record of that check to use in future security checks - this helps to protect you and us from fraudulent transactions); and

(3) to comply with legal requirements (e.g. if you bought a TV or similar, we are obliged to pass your details to the TV licensing authority).

We may use third parties to carry out certain activities, such as processing and sorting data, monitoring how customers use our site and issuing our emails for us.

We would also like to inform you of various promotions, goods and services that may be of interest to you. These would come from us or from carefully selected third parties. You may be contacted by post, email, telephone, SMS or such other means as we regard as appropriate, including new technology. If you wish to receive these communications, please tick the "Yes" box when entering your personal details. You may unsubscribe at a later date, if you wish - see "Your rights" section below.

Your rights

(1) You can ask us to update your personal information by emailing precise details of your request to sales@gamesbite.com or by logging onto our website and following the instructions there. Please ensure you type "update" in the subject line of your email.

(2) You can ask us not to send you future marketing communications. To do this, simply mail sales@gamesbite.com type "No Marketing" in the subject line and then the following in the main text:-

- your full name

- your postal address, including postcode

- your email address

We will then suppress your data from all direct marketing, although we will still keep it for processing your order and fulfilling customer service and after sale obligations.

Alternatively, you can post your request to the address in below.

(3) You also have the right to request a copy of any personal information we hold about you. To do this, simply write to us at the following address, enclosing a cheque for £10 payable to Gamesbite Ltd to cover our administration costs:-

Gamesbite Ltd (Data Subject Request)
5 Jupiter House

Calleva Park

Aldermaston

Reading

Berkshire

RG7 8NN

PRIVACY POLICY

The information we collect and how we use it

When you register with Gamesbite Ltd and/or place an order, we need to know your name, delivery address, credit or debit card number and expiry date(PLEASE NOTE WE DO NOT STORE ANY CARD DETAILS AT GAMESBITE ALL INFORMATION IS STORED BY OUR PAYMENT PROVIDER BARCLAYS) , e-mail address and telephone number. This information allows us to fulfil your order and notify you of the status of your order.

We may also ask you to give us optional contact information, for example your fax number and demographic information like your age.

If you subscribe to our mailing lists for new release and other information, you will be asked to specify the areas in which you are interested so that we can tailor the information which we send to you to cover the topics and merchandise which we believe you might be interested in.

We may, from time to time, send with your ordered products, inserts advertising the goods or services of unrelated third party companies. We do not pass on your personal data to these third party companies.

We may also use your information for the purpose of providing you with information about any special offers or features of our website which we think may be of interest to you and for related marketing purposes.

We use your IP address to help diagnose problems with our server and to administer our web site. Your IP address is also used to help identify you and your details on our database.

We monitor customer traffic on an aggregate basis in order to help us develop and improve our web site for the benefit of our customers. In order to enhance your use of the web site you will be given a session ID which will only last for the duration of that visit to the site. Each time you visit the site you will have a different session ID.

By submitting your information you consent to the use of that information as set out in this Policy. If we change this Policy we will post the changes on this page so that you may be aware of them. We may also e-mail you should we make any changes and give you a chance to ask us not to use your information in that way. Because the Internet infrastructure is global, and it is not possible to predict the routes that information sent over the Internet will take, the information you provide may be transferred temporarily via a route which takes it outside the European Economic Area as it passes between you and us. By submitting your information you consent to this transfer.

Opt in / Opt out

If at any time you wish to receive information about any other product areas which you currently do not receive, or you wish to stop receiving some or all of the information that we currently send, you may amend or remove your preferences by emailing us at sales@gamesbite.com stating “Privacy Update” in the subject line of the email. Alternatively you can unsubscribe yourself from the mailing lists by logging on to our website and following the instructions there.

Security of your information

We follow strict security procedures in the storage and disclosure of information that you have given us. This is to prevent unauthorised access or unlawful processing of your personal information. We keep your information confidential and store it on a secure server which is password protected and hidden behind a firewall from the outside world. We use secure socket layer software (SSL) to encrypt all of your personal information and your name and address. Gamesbite Ltd internal procedures cover the storage, access and disclosure of your information.

Non-disclosure to third parties

Unless we have your express consent, we will only disclose your personal data to third parties if this is required for the purpose of completing your transaction with us. This is subject to the proviso that we may disclose or transfer your data to a partner company where you have supplied information via a site that is co-branded with that partner company or to members of our own group. If personally identifying data about you may be shared with a partner company, we will tell you before we collect or transfer the data so that you may opt out of this transfer if you wish.

We use your information only as set out in this Policy and will not sell, rent or pass your information on to others for marketing purposes without your express consent.

Gamesbite Ltd may however provide aggregate statistics about our customers, sales traffic patterns and related site information to reputable third-party vendors and relevant affiliate partners, but these statistics will include no personally identifying information. We may also release account information where we believe in good faith that this release is reasonably necessary to comply with the law.

Your consent

By submitting your information and using our web site, you consent to the collection, storage and processing of your personal information by us in the manner set out in this Policy. If we change our Policy we will post the changes on this web site so that you are always aware of what information we collect, how we use and under what circumstances we disclose it. We will also email you should we make any changes to give you a chance to ask us not to use your information in that way.

Disclaimer

The nature of Internet communications means that your communications may be susceptible to data corruption, interception and delays. Gamesbite Ltd shall not be responsible for any detrimental reliance you place on this web site or its contents.

Gamesbite Ltd is providing this site and its contents (including any downloadable data or software) on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties, whether express or implied, to the fullest extent permitted by applicable law. In addition, Gamesbite Ltd makes no representations or warranties about the accuracy, completeness or suitability for any particular purpose of the information and related graphics published in this site or that any software or the server that makes it available are free of viruses or other harmful components.

The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Gamesbite Ltd howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by applicable law.

Neither Gamesbite Ltd nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site in any way. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Hyper-links

Our web site may contain hyper-links. These hyper-links connect you to sites of other organisations which are not our responsibility. We have used our reasonable endeavours in preparing our own web site and the information included in it is done so in good faith. However, we have no control over any of the information you can access via other web sites. Therefore, no mention of any organisation, company or individual to which our web site is linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of Gamesbite Ltd.

Copyright notice

All design, text, graphics and the selection or arrangement thereof are the copyright of Gamesbite Ltd or of other copyright owners. Permission is granted to electronically copy and print in hard copy portions of this site for the sole purpose of placing an order with Gamesbite Ltd or using this site as a shopping resource. Any other use of materials on this site (including reproduction for purposes other than those noted above and modification, distribution, or republication) without the prior written permission of Gamesbite Ltd is strictly prohibited.

Trade marks

“GAMESBITE” is a trademark and trading name of Gamesbite Ltd. All other trade marks, product names and company names or logos used in this site are the property of their respective owners. No permission is given by Gamesbite Ltd in respect of the use of any such trade marks, product names, titles or logos and such use may constitute an infringement of the holder's rights.

Inclusive of Terms and Condition

This Policy is inclusive of, and supplemental to, our standard Terms and Conditions of Business available on our website.

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