Terms & Conditions
"Business Customer" means a customer who is not a Consumer.
"Consumer" means an individual who is not acting for the purposes of his or her business or profession.
Gary Mills Trading as Ultimate Games Room trading as also referred to as "we" or "us" in these terms and conditions.
"Catalogue" means the catalogue of products and services offered by Ultimate Games Room
"Force Majeure" means any cause affecting the performance by Ultimate Games Room of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
"Normal Working Hours" means 9 am to 5 pm on a Working Week Day.
"Working days" means Monday to Friday, excluding Bank or other Public holidays.
Please note special terms apply to Consumers, which prevail over the other provisions of these terms and conditions. Customers who are Consumers are referred to Clause 13.
All contracts of sale made by Ultimate Games Room shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party ("the Customer") with whom Ultimate Games Room is dealing. Cancellation of orders by business to business customers is not accepted as many orders are dispatched on the same day the order is placed. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to reject faulty goods.
All orders are subject to acceptance and to availability of the goods ordered: Ultimate Games Room is entitled to refuse any order placed by you.
You undertake that:
Please note, Ultimate Games Room may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.
Goods and services, together with VAT, are invoiced at the price prevailing at time of order.
Ultimate Games Room reserves the right to modify the prices from time to time.
Ultimate Games Room shall use reasonable endeavours to dispatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, we shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.
In the case of a Business Customer, if Ultimate Games Room is unable to deliver the goods within 30 days of the agreed delivery date, the Customer will, as its sole remedy, be entitled to cancel the order and require any monies paid to Ultimate Games Room in respect of that order to be refunded. In order to cancel, the Customer must send written notice of cancellation to Ultimate Games Room after the above date but before delivery of the goods or notification from Ultimate Games Room that the goods are ready for delivery. This Clause does not apply to Consumers.
In the case of Business Customers, Ultimate Games Room does not accept liability for shortages or damage to deliveries unless the Customer notifies Ultimate Games Room of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.
Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.
Delivery is deemed to take place when the goods are delivered to the Customer's nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.
Title in the goods does not pass to the Customer until payment is received in full by Ultimate Games Room.
If the Customer cannot accept delivery, Ultimate Games Room may at its option:
The Customer may request a Proof of Delivery, provided that this request is made in writing within 3 months of the date of delivery and Ultimate Games Room shall use reasonable endeavours to provide such proof. Thereafter, delivery shall be deemed to have been successfully completed.
Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. Ultimate Games Room shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.
Payment is due on ordering.
Payment may be made by cash, Cheque (cleared funds) Visa, MasterCard, Maestro.
Ultimate Games Room makes every effort to supply the goods as advertised, but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
If Ultimate Games Room cannot supply the goods ordered by the Customer, Ultimate Games Room reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Ultimate Games Room in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
Ultimate Games Room has to adhere to the manufacturer's guidelines stipulating that a given defect(s) that are deemed acceptable before an item is accepted for replacement on grounds of fault.
Trade names and marks (other than Ultimate Games Room') are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
Ultimate Games Room and the Business Customer/Consumer acknowledge the intellectual property rights of suppliers and manufacturers of the products appearing Ultimate Games Room website.
Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 8. Customers who are Consumers are referred to Clause 13.
Ultimate Games Room is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 12), Ultimate Games Room does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications (including dimensions) of products before ordering.
In the event that Ultimate Games Room, at its discretion (unless the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13), agrees to accept the return for credit of unwanted products, the goods must be returned to Ultimate Games Room prior written agreement within 14 days of delivery. The goods must be unopened and in perfect re-saleable condition. All goods returned in these circumstances (except where the Consumer Protection (Distance Selling) Regulations 2000 apply, see Clause 13) will be subject to a 30% re-stocking fee of Ultimate Games Room' sale price for the goods. Please note all refunds will be processed once goods are received and are checked to be in resalable condition. Refunds can take up to 14 days to be processed.
No contract shall be cancelled once accepted by Ultimate Games Room nor shall any Goods which are delivered in accordance with the contract be returned without prior written approval of Ultimate Games Room and on terms to be determined at the absolute discretion of Ultimate Games Room.
In its dealings with Business Customers Ultimate Games Room shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. "Financial loss" in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Ultimate Games Room' liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
Nothing in this agreement shall limit Ultimate Games Room' liability for death or personal injury caused by its negligence.
Ultimate Games Room confirms that the goods it supplies as a distributor do not present a hazard to health and safety
Ultimate Games Room shall not be liable to the Business Customer/Consumer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of Ultimate Games Room' obligations in respect of the Goods, if the delay or failure was due to any cause beyond Ultimate Games Room' reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Ultimate Games Room' reasonable control:
If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the contract in which case we will return any prepayments that you have made in full.
Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the Ultimate Games Room website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations').
If the Regulations apply, Customers may cancel goods purchased from Ultimate Games Room by sending a written notice of cancellation by e-mail to firstname.lastname@example.org
The notice of cancellation must be delivered within 7 working days of the day after the date of delivery of the goods.
The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to Ultimate Games Room, the Customer is under a duty to make the goods available for collection at the Customer's expense from the address to which they were delivered.
The Customer is under a duty to retain possession of the goods whilst awaiting return to Ultimate Games Room and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
|12.6||The right to cancel does not apply to personalised goods or goods made to a consumer's specification|
Ultimate Games Room makes every effort to ensure that all prices and descriptions quoted on its website are correct and accurate. However, the frenetic tempo of e-commerce makes it inevitable that mistakes will occasionally occur. In the case of a manifest error or omission, tophottubs.co.uk will be entitled to rescind the contract, notwithstanding that it has already accepted the Customer's order and/or received payment from the Customer. Ultimate Games Room' liability in that event will be limited to the return of any money the Customer has paid in respect of the order. In the case of a manifest error in relation to price, the Customer will be entitled to purchase the goods by paying the difference between the quoted price and the correct price, as confirmed in writing by Ultimate Games Room after the manifest error has been discovered.
A 'manifest error', as the term is used in sub-paragraph (1) above, means, in relation to an incorrect price, a price quoted in error by Ultimate Games Room which is more than 10% less than the price that would have been quoted had the mistake not been made.
Ultimate Games Room ' website employs the SSL (Secure Socket Layer) encryption standard in all secure areas, including login pages, customer information and payment details. Provided the Business Customer/Consumer is using an SSL-compliant browser such as Netscape's Navigator, Microsoft's Internet Explorer, Opera or Firefox, the Business Customer/Consumer is able to conduct encrypted transactions without fear of an intermediary obtaining the Business Customer/Consumers credit card information.
Data Protection & Data Security
Information Automatically Logged
Registration and data sharing
Ultimate Games Room will NOT share the Business Customer/Consumer’s email address or personal telephone number with ANY 3rd parties.
Nothing in these terms and conditions affects your statutory rights as a Consumer.
If any provision of this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
Any waiver of a breach of this Agreement must be in writing.
Any variation of this Agreement must be in writing and signed by a duly authorised Ultimate Games Room official.
The headings are for convenience only and shall not affect the interpretation of this Agreement.
Assignment You must not transfer any contract made with us under these Conditions, as it is personal to you, without written authority from us. This authority will not be refused without good reason.
Customer Service queries
Third Party (Rights) Act 1999