Terms & Conditions
TERMS AND CONDITIONS OF PURCHASE AND USE
This website www.evergame.co.uk (the "Website”) is owned and operated by Pelnawyprzedaz Limited ("Evergame, "we”, "our” and "us”), a company incorporated under the laws of the United Kingdom with an address at Pelnawyprzedaz, Flat 4 , Russell House , Russell Street , Stroud , GL5 3AJ .
PLEASE READ THESE TERMS AND CONDITIONS OF PURCHASE AND USE (THE "TERMS”) CAREFULLY. THE TERMS GOVERN YOUR USE OF THE WEBSITE AND YOUR PURCHASE OF PRODUCTS FROM THIS WEBSITE. THE TERMS EXEMPT EVERGAME AND OTHER PERSONS FROM LIABILITY OR LIMIT THEIR LIABILITY, AND CONTAIN OTHER IMPORTANT PROVISIONS.
1. USE OF WEBSITE, ACCEPTANCE AND AGREEMENT TO THESE TERMS
These Terms govern your access to and use of the Website. Each time you access and use our Website you are signifying your agreement that you have read, understood and agree to be bound by and subject to the Terms as they then read. You represent and warrant that you have the legal authority to agree to and accept these Terms on behalf of yourself and any person or entity you claim to represent. If you do not agree with these Terms, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations.
2. CHANGES TO THESE TERMS; TERMINATION; AVAILABILITY
We may change these Terms from time to time by posting revised Terms on the Website. Your use of the Website after these revised Terms have been posted signifies your acceptance and agreement to be bound by the revised Terms. Evergame may in its discretion at any time immediately terminate, temporarily or permanently, these Terms or your permission to access and use the Website.
Although endeavours to ensure the Website is available at all times, there may be occasions when interruption to the Website may occur, e.g. to allow maintenance, upgrades and emergency repairs to take place, or due to failure of telecommunications links and equipment that are beyond our control. You agree thatEvergame shall not be liable to you for any loss incurred by you resulting from the modification, suspension or discontinuance of the Website.
3. OWNERSHIP; YOUR USE OF THE WEBSITE
The Website (including all content, graphics, and other intellectual property and elements incorporated into the Website) is the property ofEvergame and/or others, and is protected by copyright, trademark and other intellectual property laws, under national laws and international treaties. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.Evergame and/or its licensors (as the case may be) retain all right, title, interest and intellectual property in the Website and its content.
The Website may not be used for unlawful or commercial purposes; it is for your lawful, personal, non-commercial use only. You may use the Website only as expressly permitted in these Terms and subject to all applicable laws. The Website and its content may not be copied, reproduced, modified or distributed in any way without the express prior written consent of Evergame. You may not transfer, sell, resell or exploit any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with these Terms. You may not download (other than page caching) or modify the Website, or any portion of it, or interfere with or disrupt any network or website connected to this Website or gain unauthorised access to other computer systems. You may not access or use the Website to interfere with the enjoyment or use of the Website by any other person.
You may use the Website only if you are a resident of the European Union, have reached the age of majority under the law of the United Kingdom and you can form legally binding contracts under applicable law.Evergame may request proof of identification and age (for example, proof of your ability to purchase certain games). If you are a minor, please have a parent or guardian purchase for you. Certain offers may only be available to limited geographical locations. We ship products only to addresses in the European Union.
4. REGISTERED USERS; PROTECTING LOGIN INFORMATION
Certain areas and features of our Website are available only to registered users. If you register as a user, you will be issued a login name and password by Evergame. AlthoughEvergame has no obligation to verify the actual identity or authority of any person registering to use the Website,Evergame may in its discretion require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or refuse to accept or act upon any communication from a user.
If you have been issued a login name and password, you should not disclose your login name or password to any other person or let any other person use your login information. You are fully responsible and liable for the security of your login information and any and all use and misuse of such information. If you believe that your login information has been lost or stolen or become known to or used by any other person, you will immediately notifyEvergame by telephone at +447518349567 or by email to firstname.lastname@example.org .
5. USE AND OWNERSHIP OF USER PROVIDED CONTENT
If you provideEvergame with any unsolicited ideas or suggestions, or post any content on the Website, you (i) represent and warrant that you are the owner or creator of such content (or have received permission from the owner or creator to make such submissions or postings subject to the Terms), and (ii) grant to Evergame, its successors, assigns and licensees, a worldwide, perpetual, royalty-free, irrevocable, unrestricted, nonexclusive, assignable, sublicensable, right and license to use and exploit such submissions or content for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part ofEvergame or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in such submissions and/or content are waived in favour ofEvergame and its successors, assigns and licensees.
6. ACCURACY OF INFORMATION YOU PROVIDE TO Evergame
By submitting an order to us through our Website, you represent and warrant that the payment details provided on your order are valid and correct, and that when your order is accepted and processed by us, payment will be made in full. By placing an order you confirm that you are the person referred to in the billing details. Additionally, you represent and warrant that all other information you provide toEvergame through this Website, including registration information, payment information, and transaction-related information, is true, accurate and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you,Evergame or any other person may incur as a result of you providing any false, incorrect or incomplete information, or if you fail to update your registration information and payment information within 30 days of any change.
7. ERRORS AND PRODUCT AVAILABILITY; OFFERS TO PURCHASE
Errors, misprints and omissions (including incorrect prices, descriptions or specifications for products) may sometimes occur.Evergame does not guarantee that products and services advertised on our Website will be available when ordered or thereafter.Evergame makes no representation or warranty that the content of the Website, including product descriptions or photographs, is accurate or complete.
In addition and supplementary to the provisions of the Purchase Terms and Conditions stated below,Evergame may at any time, without any prior notice or liability to any Website user (a) correct any error, inaccuracy or omission; (b) change the products and services available on the Website, or the prices, fees, and specifications of such products and services, or any promotional offers and any other Website content; and (c) limit quantities available for sale.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in pounds sterling.
Any promotional offers on the website are limited to one per customer unless otherwise stated.
Evergame™, the Evergame.CO.UK logo and other names and logos that are used on our Website (the "Marks") are registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by Evergame or their respective owners or licensees. Any use of the Marks (other than as permitted by these Terms) is prohibited. Nothing in this Website or the Terms shall grant, or is intended to grant, any license or right to use any of the Marks.
9. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR UNAUTHORIZED POSTINGS
Linking to the Website without the prior written permission of Evergame is prohibited. If you desire to link to our Website, you may send an email to email@example.com requesting such permission. Evergame may in its discretion deny or revoke any permission it may give to link to the Website at any time and without any notice or liability.
The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments or any other information of any kind to or on the Website that would be visible to any other users, except in connection with the use of Evergame forums or other Website locations intended for such comments and hosted by Evergame. You may not use meta tags or any other "hidden text” which uses our name or trademarks.
You must not transmit through or to our Website any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.
We may terminate your use of the Website immediately if we consider that you have breached these Terms.
Evergamemay make competitions available to users of the Website and others. All competitions are governed by these Terms and the applicable contest rules. By participating in a competition through the Website, you are agreeing to these Terms and the applicable competition rules.
11. PURCHASE TERMS AND CONDITIONS
ACCEPTANCE OF ORDERS --
Advertisements on our Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. Your properly completed and delivered order information constitutes your offer to purchase the products or services referenced in your order. You will be provided with an opportunity to verify and correct information you entered prior to placing your order. Your order will be deemed to be accepted only if and when we send a confirmation of the terms of your order to your email address and your order has been dispatched. At such time your order will be subject to these Terms and the additional terms and conditions included in your order, which together will form a legally binding contract with Evergame. All items are subject to availability.
We may limit quantities available for sale or sold, and we reserve the right at any time to reject or correct any order for any reason whatsoever. Certain offers may not be available in certain geographical areas. If the price of any product you order was incorrectly displayed on our Website, we will provide you with an opportunity to place an order at the correct price assuming such product is available.
Unless otherwise indicated, all prices and other amounts are in Pounds sterling.
Pre owned games will come in their original cases with a booklet when they are available. As these are pre owned games we can not guarantee each game will always come with its original case, in these instances we will use a replacement case instead. Booklets and any digital codes may not be present.
CANCELLATION OF ORDERS --
If you wish to cancel an order, you may request a cancellation by emailing firstname.lastname@example.org However, if we are not able to receive and process your cancellation request before we accept and ship your order, your cancellation request may not be effective. If we are unable to cancel your order before it is shipped, you may request a return authorization in accordance with Evergame’s return policy.You also have the right to cancel your purchase without cause within fourteen (14) days of your receipt of the purchased products, subject to you returning the products unopened to us.
If Evergame has your product(s) in stock, we will email you a shipping and payment notice confirming that the items have shipped and are en-route to you. In-stock orders (excluding special delivery items) normally dispatch within one business day of placing your order, but may be delayed if Evergame needs additional information or otherwise is delayed in shipping process. Out-of-stock orders will ship once the item is back in stock. We will send you the shipping notice once the item is back in stock and has been shipped. How soon you receive the product(s) depends on the shipping method you have chosen.
The total price of your order will be charged to your credit card when our shipping and payment notice email has been sent to your email address.
Delivery is subject to warehouse availability. Out-of-stock items will be shipped as soon as possible, upon arrival from the manufacturer/publisher. Please take shipping time into consideration.
REFUNDS AND RETURNS --
When you receive your package, you should examine it closely before opening the factory sealed product packaging to determine that it is what you ordered. If you are not satisfied with your order, you may exchange or return your product. You may return by mail any products shipped directly to you and that were purchased from us online. Such return should be sent to us within fourteen (14) days of the date you receive the products. In such case we will refund your purchase price provided that you return the products to us, and that you pay the costs incurred to send the products back to us. The returned product should be returned in the same condition as when you purchased it, with all manuals, accessories, and the packing slip.
We will exchange game consoles up to 14 days after you receive your order. Our return policy is listed on our website.
Due to copyright laws, computer and game console software, music CDs, DVDs and videos in opened packages may only be exchanged for the same item. Shipping and handling charges are non-refundable; however, we will refund your original shipping cost if you are returning a defective item, or because of an error on our part.
All products (whether defective or non-defective) must be returned in their original purchase condition, with the original packing material, blank warranty cards, manuals and any other item or accessory provided by the manufacturer. IMPORTANT: If a returned order has items missing, the order may be refused, or the value of the missing materials may be deducted from the total credit amount.
On purchases made with a credit card, only the same card used to make the purchase will be credited with the refund. The credit will be made within 7 business days of us receiving and verifying the returned merchandise.
METHODS OF PAYMENT --
You can pay for any purchase you make online by using a MasterCard, VISA, Maestro, Solo and Delta cards and PayPal. Unless we are fraudulent or negligent we will not be liable to you for any losses caused as a result of unauthorised access to the personal and transactional information you provide us when placing an order.
ERRORS AND MISPRINTS --
If we discover that a product’s price, description or specifications are misstated or incorrect, we will endeavour to correct the error on our Website. You should always check the manufacturer’s or service provider’s description and specifications for any product or service that you may want to purchase.
If we make an error with regard to your order, we may correct or cancel an order at any time, and/or edit an order to reflect the correction (you will have the right to approve or confirm any increase in price or shipping charges). In the event that you are shipped an incorrect product, we will accept the return of the product and provide you with a refund.
CONSUMER REPRESENTATIONS AND WARRANTIES –
In connection with any order placed by you, you represent and warrant that with respect to age-restricted products, you are over the age as to which such restriction applies, and that you reside within the European Union. If you are purchasing any product that is covered by any governmentally enforced rating classification, it is an offence for any under age person to purchase such products, or to seek to do so on behalf of someone who is under age. We retain the right to refuse to accept or ship any order for age-restricted products to any person who we have reason to believe is not of the proper age.
12. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS ON LIABILITY AND INDEMNITY
This clause limits our legal liability to you for your access to and use of the Website and your online purchases. You should read this clause carefully. You acknowledge that you have entered these Terms relying on the disclaimers stated herein and that those disclaimers are an essential basis of this contract. Nothing in these Terms is intended to limit any rights you may have as a consumer under common law or other statutory rights which may not be excluded.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO QUALITY, ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY EVERGAME TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSIONS --
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEITHER EVERGAME NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND OTHER REPRESENTATIVES WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THESE TERMS INCLUDING BUT NOT LIMITED TO
- LOSS OF DATA,
- LOSS OF BUSINESS,
- LOSS OF MARKETS,
- LOSS OF SAVINGS,
- LOSS OF INCOME OR PROFITS,
- LOSS OF USE,
- LOSS OF PRODUCTION,
- LOSS OF REPUTATION OR GOODWILL, OR
- ECONOMIC LOSS
UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, CIVIL LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY EVERGAME OR ANY PERSON FOR WHOM EVERGAME IS RESPONSIBLE, AND EVEN IF EVERGAME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
GAMESTOP DOES NOT EXCLUDE LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE (OR THAT OF OUR EMPLOYEES OR AUTHORISED REPRESENTATIVES) OR FRAUD.
14. LINKS TO OTHER WEBSITES/RESOURCES
Our Website may include links to other Internet websites or resources, and to businesses operated by other persons. These other websites are not operated or controlled by Evergame. Accordingly, Evergame is not responsible for, and will have no liability for, these other websites, their business, goods, services, or content. If you link to or use any of these other websites, your dealings with the owners or operators of these websites is at your own risk, and you agree that you will not make any claim against Evergame arising from your use of any of these other websites.
15. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms, your access to and use of the Website, and all related matters are governed solely by the laws of England and Wales. Any dispute between you and Evergame or any other person arising from, connected with or relating to the Website, these Terms, or any related matters ("Disputes") will be resolved before English courts and you hereby irrevocably submit to the exclusive jurisdiction of those courts in respect of all Disputes.
16. OTHER MATTERS
If any provision of these Terms is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms and the remaining provisions will continue in full force and effect.
These Terms enure to the benefit of and are binding upon each of Evergame and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign any rights or obligations that you have under these Terms. Evergame may assign its rights and obligations under these Terms without your consent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
Any rights not expressly granted by these Terms are reserved to Evergame.
17. Evergame CONTACT INFORMATION
You may contact Evergame by telephone, email, or postal mail: