Terms & Conditions was last modified on 24 January 2010.
1. The owner of this web site is OG Games Ltd whose address is OG Games, 1 1/2 Whip-Ma-Whop-Ma-Gate, York, North Yorkshire, YO1 8BL (OG Games/we/us/our). Registration number 06902322.
2. We reserve the right to make changes to this site, the disclaimers and these terms and conditions at any time.
3. Your contract for purchases made through the site is with OG Games Ltd, and you undertake that any and all goods ordered by you are for your own private and domestic use only.
4. You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
5. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
6. No contract for the sale of any product will subsist between you and OG Games until OG Games dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation email amounts to an acceptance by OG Games of your offer to buy goods from OG Games (whether or not you receive that email).
7. You agree that email can be used as a long-distance means of communication.
8. This confirmatory email will contain all relevant statutory information concerning your contract.
9. The confirmatory email will also contain a link to these terms and conditions, and may be amended from time to time.
10. You must check that the details on this confirmatory email are correct as soon as possible and you should print out and keep a copy of it.
12. You undertake that all details you provide to OG Games Ltd for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
13. You must choose a username and password on completion of registration. You are responsible for all actions taken under that username and password and shall only use the site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
14. If there are any changes to the details supplied by you it is your responsibility to inform OG Games Ltd as soon as possible.
15. All purchases are non-exchangeable, non-refundable and non-transferable.
16. You may cancel your order at any time prior to your order being processed by clicking on the “cancel" link next to the product ordered on your account page on the website. We can also accept cancellations by email to email@example.com during normal office hours. You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 7 working days after the day after you receive the product by:
17. Sending the notice of cancellation by email to firstname.lastname@example.org ensuring that you quote your name, address and order reference number; or
18. Where you have already received the goods, returning the goods to OG Games Ltd unopened together with the original invoice. OG Games Ltd will refund you the purchase price of the goods. Where appropriate OG Games Ltd shall refund any additional customs duties borne by you on receipt of the relevant customs receipt.
19. Once OG Games Ltd receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to OG Game Ltd from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by OG Games Ltd in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to OG Games Ltd.
20. OG Games Ltd reserves the right to make a 25% restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at its sole discretion. OG Games Ltd also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.
21. Registered users are permitted to post reviews on products provided that they comply with our Customer Review Guidelines (which can be found Here).
22. You acknowledge that any review, feedback or rating which you leave may be published and agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to other OG Games Ltd sites and publications.
23. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any feedback, ratings or reviews posted by you on the website, including the violation of their privacy or intellectual property rights.
24. You grant OG Games Ltd and its affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you. We reserve the right to publish, edit or remove any reviews without notifying you.
25. This section applies only to the extent permitted by law. For the avoidance of doubt, OG Games Ltd do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from OG Games's Ltd negligence or wilful default, or that of OG Games's Ltd employees, agents or subcontractors or (b) fraudulent misrepresentation.
26. OG Games Ltd does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
27. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price, if the item(s) has been charged and not dispatched we will cancel and refund your order.
28. OG Games Ltd will do its best to correct errors and omissions as quickly as practicable after being notified of them.
29. TO THE FULLEST EXTENT PERMITTED BY LAW, OG GAMES LTD IS PROVIDING THIS SITE AND ITS CONTENTS ON AN 'AS IS' BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, OG GAMES LTD DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
30. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, OG Games Ltd shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify OG Games Ltd of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
31. You and OG Games Ltd will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
32. The products sold on the Site are provided for private domestic and consumer use only. Accordingly, OG Games Ltd do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from OG Games Ltd.
33. All electrical products are covered by a twelve month manufacturer's warranty. If your product develops a fault while under warranty, please contact OG Games Ltd and we will advise you where to send it for repair. It is a "return to base" warranty therefore there will be a delivery charge to return the product back to the relevant UK service centre.
Processing of Orders
34. Credit and Debit cards are debited on the day of purchase by OG Games Ltd. All prices include sales taxes (where applicable) unless otherwise stated.
35. OG Games Ltd aims to arrange shipment of all 'in stock' items within 24 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. OG Games Ltd are not able to supply dates our suppliers may get an item in stock.
36. You can keep track of your order status yourself on-line with the order tracking facility on your account page. Our standard Returns Policy applies to all purchases from OG Games Ltd.
37. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments. You may cancel your entire order with us if subsequent instalments forming part of your order are not delivered by us.
38. Please note that we can only sale and deliver with in the United Kingdom, we do not sale or deliver do any other part of the world.
39. For Christmas Deliveries, we recommend that you order by the 15th December. We will endeavour to dispatch all 'in stock' orders within 24 hours, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.
40. These conditions apply to gift vouchers which have been purchased from OG Games Ltd and have a claim code with a 16 digit combination of letters and numbers (Gift vouchers are invalid against Unseen Lerker purchases)
41. Gift Vouchers can be redeemed at OG Games Ltd on any purchase made in GBP sterling.
42. If the value of an order exceeds the value of the gift voucher the balance must be paid by credit/debit.
43. If the full amount of the Gift voucher is not redeemed 'Change' will be given by way of a new gift voucher. Change gift vouchers are also subject to these terms and conditions and are additionally not assignable or transferable.
44. Gift vouchers cannot be used to buy further gift vouchers.
45. Gift vouchers cannot be used in conjunction with a discount coupon.
46. Gift vouchers and unused portions expire one year from the date of issue of the original gift voucher.
47. Gift vouchers have a cash redemption value of 0.001p and are not transferable or assignable.
48. Normal OG Games Ltd terms and conditions of purchase and for using the OG Games Ltd website apply.
49. Please note that some products available for sale on the OG Games Ltd website may not be purchased by persons under a specified age. If you are planning to give a gift voucher to someone under 18 years of age, please ensure that they are made aware that some products are unavailable to them.
50. One or more gift vouchers can be redeemed against an order; however a gift voucher cannot be combined with a promotional gift voucher or coupons.
51. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
52. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
53. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
54. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.
55. In these terms, 'Intellectual Property Rights' means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
56. Subject to the licence granted to you to use the Site, OG Games Ltd reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of OG Games Ltd and its affiliates' trade marks, trade and business names and service marks under this Agreement will vest in OG Games Ltd and its affiliates, as appropriate.
57. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. OG Games Ltd tracks the electronic 'fingerprints' of every order placed on OG Games Ltd to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
58. We reserve the right to terminate this Agreement and to suspend or terminate your access to the site immediately and without notice to you if:
I. You fail to make any payment to us when due
II. You breach the terms of this Agreement (repeatedly or otherwise)
III. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
IV. We suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the site
59. OG Games Ltd may amend these Terms from time to time, and place the new version on the site. When OG Games Ltd do so, it will mention the fact on our home page ( www.oggames.co.uk). For users purchasing goods or registering on the site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the site. Your continued use of the site following OG Games Ltd posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the site.
60. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between OG Games Ltd and you relating to your purchase. OG Games Ltd advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by OG Games Ltd. We will store a copy of the contract entered into by you with OG GamesLtd . You are advised to read (and are responsible for reading) fully all information on this website.
61. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these terms and the remainder of the affected provision shall be unaffected.
62. All artwork and logos on this site and all the images contained therein are all trademarks of there own respective owners.