Learn About Games Ltd terms and conditions

Learn About Games Ltd

TERMS & CONDITIONS OF SALE

1. Acceptance
All orders, UK and export, are accepted on and subject to these terms and conditions exclusively, except where special arrangements have been negotiated and agreed previously in writing between the buyer and Learn About Games Ltd.

2. Prices
2.1 Unless otherwise stated, all prices are Net Ex-Works and exclusive of Value Added Tax (or any successor tax). VAT will be added for buyers in the UK and shall be payable to Learn About Games Ltd by buyer in accordance with English law upon receipt of an appropriate invoice. Export and Channel Islands orders are free of VAT. Buyers in the European Union must include their VAT registration number on all orders.

2.2 Learn About Games Ltd strive to maintain prices for a minimum of 12 months and will make every effort to notify buyer well in advance of any price changes. However, Learn About Games Ltd reserves the right to alter individual prices without notice in exceptional circumstances.

3. Payment
3.1 Goods will be delivered only once full and final payment has been received.

3.2 Unless otherwise negotiated and agreed in writing, for all export orders, full payment is to be made by direct transfer of sterling, euro or US dollar funds to Learn About Games Ltd’s bank account as outlined on the invoice related to the goods. All bank charges related to the transfer are payable by customer.

3.3 Where delivery is to be or may be fulfilled in separate instalments each instalment shall constitute a separate contract. Payment for each instalment shall be made accordingly and any deficit or failure in delivery of one or more instalments will not entitle buyer to cancel other instalments or to terminate the order.

3.4 If buyer defaults in any single payment (in which event the whole amount owing by buyer shall become immediately due and payable), ceases to carry on its business, or enters into liquidation or receivership or other similar process, Learn About Games Ltd may, in addition to all its other rights, cancel, delay or withhold delivery of all orders outstanding from buyer. In addition, Learn About Games Ltd may recover from the buyer all expenses reasonably incurred in collecting, or attempting to collect, payments due to Learn About Games Ltd.

3.5 Learn About Games Ltd shall be entitled to sue for the price of the goods and all additional payments due hereunder whether or not property in the goods shall have passed to the buyer.

3.6 Where the buyer’s cheque is not honoured for whatever reason Learn About Games Ltd may on each occasion charge buyer £20.

3.7 Retrospective allowances are only payable to buyer by Learn About Games Ltd where Learn About Games Ltd has received payment in full by the due date for all invoices to which the allowances relate.

4. Carriage
The charge for standard delivery in the UK is published on the current Learn About Games Ltd website. Learn About Games Ltd will make every effort to notify buyer well in advance of any changes to delivery charges. However, Learn About Games Ltd reserves the right to alter these charges without notice in exceptional circumstances.

5. Delivery
5.1 Learn About Games Ltd will endeavour to despatch orders within the time frames stated on the website. Learn About Games Ltd will use its reasonable efforts to meet any estimated or requested requirements for delivery, but shall not be liable for loss, damage or expense (including consequential, economic, special or other indirect loss or damage including loss of profits) whatsoever or howsoever arising from delay in delivery, or for failure to deliver if this is due to circumstances beyond Learn About Games Ltd’s reasonable control.

5.2 Learn About Games Ltd will make every effort to complete orders in “one-drop” delivery but may at its discretion deliver by instalments unless otherwise expressly agreed between buyer and Learn About Games Ltd.

5.3 Claims for short delivery or damage can only be considered if Learn About Games Ltd are notified in writing within 10 days of delivery, or in the case of non-delivery, within 14 days of invoice date.

5.4 In the event of buyer refusing delivery of the goods, Learn About Games Ltd shall be free to store the goods at the use and expense of the buyer and/or to resell any of the goods without effect to Learn About Games Ltd rights and remedies against buyer.

6. Return of Goods
6.1 Goods shall not be returned to Learn About Games Ltd for credit or replacement without Learn About Games Ltd’s prior written consent. Where buyer refused to accept goods from the carrier, buyer shall be liable to pay costs and charges consequently incurred.

6.2 Any goods found to be defective may be returned to Learn About Games Ltd for credit or replacement subject to buyer first notifying Learn About Games Ltd in writing of its intention to make a return and obtaining Learn About Games Ltd’s written acknowledgement.

7. Title
7.1 Legal and beneficial title to the goods shall remain with Learn About Games Ltd and buyer shall ensure safe custody of the goods and be fully accountable to Learn About Games Ltd until (a) Learn About Games Ltd has received full payment (including any accrued interest) for the goods supplied by Learn About Games Ltd to buyer at that time or (b) until the goods are sold by buyer to a third party in accordance with condition 8.3 below.

7.2 Notwithstanding the above, risk in the goods shall pass to buyer at the time of delivery of the goods.

7.3 Notwithstanding buyer’s continuing payment obligations to Learn About Games Ltd as bailee of the goods, buyer shall be entitled to sell the goods and pass title in the same to third parties in the normal course of its business before payment in full has been received or until otherwise notified by Learn About Games Ltd in writing. Until such time as all sums owed by buyer to Learn About Games Ltd under all contracts between them have been paid, buyer shall ensure safe custody of the goods.

7.4 Buyer shall forthwith notify Learn About Games Ltd of the whereabouts of the goods (a) if Learn About Games Ltd notifies buyer that it is in breach of any of the terms of this contract, or (b) if Learn About Games Ltd notifies buyer that it considers for any reasonable cause that the goods are in jeopardy.

7.5 Immediately upon buyer's receipt of such notice from Learn About Games Ltd pursuant to condition 8.4 above:

7.5.1 buyer’s authority to sell and possess the goods shall automatically (and without any requirement for notice or any other act) end;

7.5.2 all proceeds of the sale of the goods made by buyer prior and all amounts due from buyer to Learn About Games Ltd under all contracts between Learn About Games Ltd and buyer shall be paid to Learn About Games Ltd; and

7.5.3 all goods which are the property of Learn About Games Ltd shall be immediately delivered to Learn About Games Ltd and Learn About Games Ltd shall have the right to enter upon or into any land, buildings, vehicles or other property where the goods or any part of them are situated, or are reasonably thought to be situated, and repossess them.

8. Liability
8.1 Except as expressly provided in these terms and conditions, Learn About Games Ltd shall not be liable to buyer in respect of any warranty, representation, guarantee, condition or term whether expressed or implied by statute, trade custom or otherwise howsoever. In particular, and notwithstanding the foregoing, Learn About Games Ltd shall not be liable for any claim; whether arising in contract, to (including negligence) or otherwise for consequential, economic, special or other indirect loss or damage, as well as any loss of profits suffered by buyer resulting directly or indirectly from the supply of the goods to the buyer. These terms and conditions do not exclude any liability in respect of any claim relating to personal injury or death.

8.2 Nothing in these terms and conditions shall act to exclude any implied terms and conditions concerning Learn About Games Ltd title to sell the goods, the suitability of goods for a particular purpose, or the buyer’s statutory rights.

8.3 Any liability upon Learn About Games Ltd in respect of goods sold pursuant to these terms and conditions shall be limited to replacement of the goods in question or refund/credit of the price, as Learn About Games Ltd may in its absolute discretion consider appropriate.

9. Restrictions on export
For the purpose of protecting the distributors, agents and licensees of Learn About Games Ltd and other persons with whom Learn About Games Ltd has a similar continuing relationship (“distributors”), buyer shall not resell the goods to any person in any country which is not a member of the European Union or the European Free Trade Association. If buyer shall be in breach of this provision, buyer shall be liable for any loss falling upon Learn About Games Ltd by reason of Learn About Games Ltd being in breach of any agreement with distributors to which Learn About Games Ltd is a party.

10. Contract not assignable
The contract shall be personal to buyer and buyer shall not assign any of its rights under the contract without the prior written consent of Learn About Games Ltd.

11. Waiver of rights
No delay or omission on the part of Learn About Games Ltd or buyer to exercise or avail themselves of any rights under these terms and conditions shall operate as a waiver of any such rights.

12. Severability
If any part of any term or condition contained in these terms and conditions shall be invalid or unenforceable then the remainder of such term or condition and all the rest of these terms and conditions shall remain valid and enforceable.

13. Jurisdiction
Each contract shall be governed by English Law and be subject to the non-exclusive jurisdiction of the English Courts.