TERMS AND CONDITIONS OF USE
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern GMS Hobby Game Logistics Ltd’ relationship with you in relation to this website.
Please read the terms of use and terms of sale carefully.
You will be asked to expressly agree to the terms of sale before you place an order for products from our website.
In these terms, “we” means GMS Hobby Game Logistics Ltd (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly).
Terms Of Use
The use of this website is subject to the following terms of use:
1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
3. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
4. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
5. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
6. Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
7. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
8. You may not create a link to this website from another website or document without GMS Hobby Game Logistics Ltd’s prior written consent.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.
Order process
The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and GMS Hobby Game Logistics Ltd unless and until we accept your order in accordance with the procedure detailed below.
In order to enter into a contract to purchase products from us, you will need to take the following steps: “(i) you must add any the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) if you are a new customer, you must then create an account with us and log in; if you are an existing customer, you must enter your login details; (iii) once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to these terms of sale; (iv) you will be transferred to the Payment website/page, and PayPal or another method will handle your payment; (v) we will then send you an initial acknowledgement; and (vi) once we have checked whether we are able to meet your order, we will either confirm by email that we are unable to meet your order or your goods will be dispatched with an order confirmation (at which point your order will become a binding contract as the point of dispatch is the point of sale).”
We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We, therefore, recommend that you download, print and retain a copy of these terms of sale for your records.
The only language in which we provide these terms of sale is English.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by reviewing the order summary. You may correct those input errors before placing your order by clicking on “edit invoice address” for your personal details or editing the basket contents.
Contract Formation
After an order is placed via our website you will receive an email from us acknowledging receipt of your order. Please be aware this does not mean your order has been accepted. Your order constitutes an offer to buy Products from us. All orders are subject to final acceptance by us, which we will confirm to you by sending an email that the products have been dispatched. The contract between us is formed either at the point we send you the dispatch confirmation, or the point we dispatch those products to you, whichever is earlier.
The contract will only relate to the products which have had their dispatch confirmed in the email dispatch confirmation. We will not be obliged to supply any other Products which may have been part of your order until the despatch of such Products has been confirmed in a separate dispatch Confirmation email.
We reserve the right to:
Decline or amend any full order or parts of any order where products are or become unavailable for any reason.
Decline or amend any full order or parts of any order where the website contains obvious errors or inaccuracies in relation to a product listing. This includes but is not limited to the product title, product description, product price.
Restrict the volume supplied of any product where the availability is, or becomes limited for any reason.
The products
Wargaming and Hobby related products, including but not exclusively miniatures, paints, and tools.
Price and payment
Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product.
In addition to the price of the products, you may have to pay a delivery charge, which will be as stated when you pay for the product.
Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds.
The prices on the website include all value added taxes within the UK. For any purchase that includes books outside of the UK, the purchase may incur duties and taxes payable by you to the relevant authorities within your countries.
Payment for all products must be made by any method detailed on the website from time to time.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force.
Your warranties
You warrant to us that:
a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale;
b) the information provided in your order is accurate and complete; This includes address details. Should you pay by a method that stores an address then it is your responsibility to ensure the correct address is passed to us.
c) you will be able to accept delivery of the products;
d) you are at least 18 years of age.
Delivery policy
We will arrange for the products to be delivered to the address for delivery indicated in your order. Your address must be correct or else we will bear no responsibility for any loss for an incomplete address.
We will use reasonable endeavours to deliver products on or before the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within 5 days of the date of our order confirmation. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 28 days of the later of receipt of payment and the date of our order confirmation. Suppliers occasionally withdraw products from sale and we, therefore, are unable to fulfil specific orders, in this case, we will offer a refund or other alternative.
If a delivery attempt is made by our delivery agents and a cost is incurred to us by a customer’s failure to arrange redelivery or collection of a package, then you accept that we may pass the delivery charge. Also if asked to cancel/refund the order the costs incurred for the original delivery and return will not be refunded (following a failed delivery).
If an order has been shipped and not received, you must inform us within a reasonable period. This period is deemed to be 14 days for our courier service, 30 days for Airmail, UK Postal services, and Surface Mail. Past these timescales, we will resend packages at our discretion.
Part Shipped orders
We try and get all products to you as soon as possible, occasionally at our discretion, we will “Part Ship” orders to you to get the majority of your order to you as soon as possible. We will make a judgment on each order that has outstanding items and refund an item that is released but unavailable. If the item can be reordered, we will attempt to bring it back into stock but it means that orders are not held up.
Risk and ownership
The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of:
a) delivery of the products; and
b) receipt by us of full payment of all sums due in respect of the products (including delivery charges).
We will be entitled to recover payment for the products even where ownership has not passed to you.
”Cooling off” period
You may cancel a contract to purchase a product or products at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below).
You will not have any such right insofar as a contract relates to (i) the supply of any products which constitute audio or video recordings or computer software which have been unsealed by you; (ii) the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control; (iii) the supply of newspapers, periodicals or magazines; (iv) the supply of goods made to your specifications or clearly personalised; or (v) the supply of goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same condition in which you received them. Products returned by you within the 7 working day period referred to above will be refunded in full (including the cost of sending the products to you). However, you will be responsible for paying the cost of returning the product to us.
If you cancel a contract on this basis and you do not return the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you.
Statutory rights
Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you).
Refunds
If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day, we received your valid notice of cancellation.
Orders are charged in sterling and will be refunded in sterling. If you have made a payment in a foreign currency that has been converted into sterling this may result in you receiving a different amount in your local currency due to fluctuations in exchange rates. If you opt to take store credit instead this will be applied to your account in sterling.
Limitations of liability
Nothing in these terms of sale will limit or exclude your or our liability for: (i) death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; or (iii) for any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.
Subject to this, the products we sell are intended for personal use only and we will not be liable for any business losses (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time).
General terms
Images of products on our website are for illustrative purposes; actual products may differ from such images.
We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use.
Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you.
If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these terms of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms of sale.
You may not assign, charge, sub-contract or otherwise, transfer any of your rights or obligations arising under these terms of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms of sale.
Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section [9]: these terms of sale contain the entire agreement and understanding between the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website.
These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale.
Our Registered Office Address
GMS Hobby Game Logistics Ltd
94 Laurel Road
Dudley
West Midlands
DY1 3EZ
United Kingdom
