TERMS OF SALE
These Terms of Sale were last modified on 6 November 2013
newgameacademy.com, newgameacademy.co.uk and newgameacademy.kajabi.com (the "Website") is an online service owned and operated by The Gordon Hewitt Consultancy, West Grange, 12A Grange Road, Bearsden, Glasgow G 61 3PL, United Kingdom.
Please read through the following Terms of Sale ("Terms") carefully. They comprise the terms on which you are permitted to purchase items from New Game Academy ("us", also referred to here as "we") on this Website. If you submit an order for any item advertised for sale on this Website, this shall be taken to constitute acceptance by you of these Terms:
(1) Formation of contract of sale
If you wish to purchase any of the items for sale on this Website, you must submit a completed order form. Your order will not be accepted unless you place us in a position of being able to receive full payment for your order at the time we accept it. If we agree to accept your order, we will confirm this by email (the "Confirmation") and will supply the items you have ordered (the "Product") to you in accordance with the Confirmation and with these Terms.
The sale and purchase of Products or Services via this Website will be governed by a contract between you and us (the “Contract”) made up of these Terms (as amended from time to time) other relevant information about the Products or Services published by us on this Website and the Confirmation. Acceptance of Your order and the completion of the Contract between you and us will take place on dispatch of the Confirmation, unless we have notified you that we do not accept your order or you have cancelled it (in accordance with the provisions of the Refunds section). Please note, as soon as we send the Confirmation email, your order will be entered into our electronic system and we will be unable to prevent it being dispatched to you.
We reserve the right to change these Terms at our discretion. We agree to ensure that a note of the date of the change will be included at the top of the Terms and Conditions. Any changes will be posted to the Website and it is your responsibility to ensure, from time to time, that you are aware of any such changes. Changes will become effective 24 hours after first posting and you will be deemed to have accepted any change if you continue to shop on the Website after that time.
You acknowledge and agree that, in entering into a Contract, you do not rely on and have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to the Contract or not) which is not expressly set out or referred to in the Contract. This is not intended to limit or exclude liability for fraud on our part.
You warrant that all information that you provide when placing your order is up to date, accurate and sufficient for us to fulfil your order.
By placing an order you represent that you have legal capacity to enter into a contract.
(2) Orders and quotes
You acknowledge that: all information and specifications relating to the Products or Services and any material produced by us are approximate only; and certain features of the items on this Website may vary from the Products or Services supplied to you under any Contract.
We may correct any error in any unconfirmed order, sales literature or other document or information issued by us or placed on this Website without any liability.
We may make any changes in the specification of the Products or Services to conform with any applicable safety or other statutory or European Union requirements which do not materially affect their quality or performance.
(2) Right of withdrawal
Where you purchase Products or Services from this Website for personal use as a Consumer (that is, outside the scope of your business) and not for resale:
a) You have the right to withdraw from any Contract from the date on which we send you our Confirmation until 7 working days after the day you receive your order by giving us written notice of withdrawal by email, or post.
b) You will be responsible for and will pay the cost of returning the Products to us by the same method as they were delivered. The Products will be returned at your risk.
c) The only circumstances in which you cannot withdraw the order are where the Products or Services that you wish to return are audio, video or computer software products that have been removed from the sealed package in which they were delivered or are digital content delivered over the internet such as streamed video and electronic documents, which by reason of its nature, cannot be returned.
d) We will credit your credit or debit card as appropriate for the price of the Products or Services as set out below, provided that the Products are returned to us in the condition they were in when delivered to you.
Subject to the clause below, the price of each Product or Service shall be the recommended retail price for that Product that is quoted on this Website on the date you place your order, subject to any inadvertent pricing errors (whether technical or otherwise) by us, unless a special promotional price or other discounts are stated on the Website in respect of a Product or Service.
Although we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of the Products or Services 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.
The price of the Product or Service is advertised in £sterling. Except where the Product or Service is delivered in digital format over the internet (e.g. membership subscriptions, video and audio streaming, electronic books and electronic papers), the price of any Product or Service excludes the cost of postage, packaging and delivery. The costs of postage and packaging will be specified on this Website and are your responsibility. The cost of delivery to the delivery address you specify in your order form and we acknowledge in our Confirmation (the "Premises") will be your responsibility. The method of delivery and packaging applicable will be those quoted on this Website on the date of the order.
The price of the Products is EXCLUSIVE of any applicable transaction taxes such as Value Added Tax.
We reserve the right to revise the price of any items on this Website without notice. We also reserve the right to refuse to supply to you, whether you are an individual or company, for whatever reason.
(4) Payment terms
Payments shall be made by credit card or debit card on the date on which we accept your order.
The credit cards and debit cards that we will accept are those listed on this Website on the date on which we accept your order.
The time and method for delivery will be at our discretion. The place of delivery will be the Premises. In the case of digital material delivered via the internet, the place of delivery will be your computer. Time for delivery shall not be of the essence.
If you do not take delivery of the Products or Services or give us adequate delivery instructions then we may store the Products until actual delivery and charge you for the reasonable costs (including insurance) of storage.
If the Products or Services delivered to you do not include all of the Products or Services that you ordered in any particular order or include incorrect Products or Services, you must inform us in writing within 14 days from the date of delivery. If you do not, we will not be responsible for any loss or damage suffered by you as a result. In any event, our liability is limited to the price of the Products not delivered or the cost of replacing such Products.
(6) Risk and ownership
Risk of damage or loss of the Products or Services shall pass to you on delivery or, if you fail to take delivery of the Products, at the time when we have tried to deliver the Products or Services.
(7) Intellectual property
All intellectual property and other proprietary rights (including, but not limited to, brand names, product names, copyright and trade marks) and all technical, business or similar information (including, but not limited to, all designs, documents and other materials relating to the Products) used in the Products (together "the Intellectual Property") are and shall remain the property of us or of our licensors.
In the case of downloadable digital content (such as electronic documents), permission is granted where the content is specifically identified as being dowloadable to download a single copy of such content to your computer for use by a single user of that computer at any time, and you will also be permitted to transfer the content to up to 4 devices provided that:
This permission granted to you may not be transferred to a third party, nor may you sublicense any of your rights under it.
This permission is effective until terminated. You can terminate it at any time by destroying digital file. It will also terminate automatically if you fail to comply with any part of this Clause. You agree to delete the digital content immediately on any such termination.
Other than as stated in the Clause below, we do not grant permission for the use of the Intellectual Property and such use may constitute an infringement of the holder's rights.
All Website design, text and graphics appearing on this Website and the selection or arrangement thereof are the copyright of us or of our licensors. Permission is granted to print once in hard copy portions of this Website for the sole purpose of placing an order with or using this Website as a shopping resource. Any other use of materials on this Website (including reproduction for purposes other than those noted above and modification, distribution, or republication in any form or media) without our prior written permission is strictly prohibited.
(8) Returns liability
If, on receipt of your order, you are unhappy with any Product or Service you have purchased on this Website for any reason (other than digital content delivered over the internet such as streamed video and electronic documents, which by reason of its nature, cannot be returned), you may return it to us in its original condition within 14 working days and we will provide a full refund. If the reason for the return is the result of our error, or if the item was damaged before it reached you, please notify us and we will also refund the postage costs.
We shall not be liable in respect of any defect in the Products or Services arising from fair wear and tear, neglect, failure to follow our instructions, misuse or improper alteration or repair of the Products.
Nothing in these terms and conditions shall exclude or limit our liability arising by virtue of the Consumer Protection Act 1987, or our liability for fraud or for death or personal injury caused by our negligence, or any other liability to the extent that we cannot so exclude or limit such liability as a matter of law.
Where the Products or Services are sold under a "consumer transaction" (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976), your statutory rights are not affected by this clause.
Save as expressly provided in these Conditions, and except where the Products are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties conditions terms and liabilities express or implied by statute or common law are excluded to the fullest extent permitted by law and we will not be liable to you for any loss of any kind whatsoever which arises out of the breach of implied warranties or conditions or breach of any other duty of any kind imposed on us by operation of law.
We will not be liable for any of the following losses which may arise by reason of any breach of a Contract or any implied warranty, condition or other term, any representation or any duty of any kind imposed on us by operation of law:
a) any loss of anticipated profits or expected future business;
b) damage to reputation or goodwill;
c) any damages costs or expenses payable by you to any third party;
d) loss of any order or contract;
e) any loss that was not foreseeable by you and DK at the time our Contract was formed; or
f) any loss not caused by any breach on the part of DK.
Without prejudice to any other provision of these Terms, we will not be in breach of the Contract for any delay in performing, or failure to perform, our obligations under it if that delay or failure was due to any cause or circumstance beyond our reasonable control, such as, without limitation, the failure of a third party, any act of God, civil commotion, riot, flood, drought, fire or the operation of any rule of law or legislative provision. This clause does not affect your statutory rights.
We are providing the Website on an "as is" basis and we make no representations or warranties of any kind with respect to the Website or its contents and disclaim all such representations and warranties.
(9) Withdrawal and use of products
We may withdraw any Products or Services that we produce by or generally supply from the market without prior notice, or liability, to you.
If we provide you with information about the use for which the Products or Services are designed and about any conditions necessary to ensure that the Products or Services will be safe, then you must use the Products or Services accordingly.
You may not transfer your rights under these Terms to anyone else without our prior written consent.
You recognise that there may be circumstances outside our reasonable control which would prevent us from providing you with the Products or Services which you have ordered. Circumstances beyond our reasonable control may include (but are not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labour disturbance, breakdown of plant or machinery, interruption in the supply of power or materials. In such cases, whilst we will do our best to fulfil your order, we cannot be responsible for failure or delay in doing so and in such event we may elect to cancel your order and refund any payments made. You may request that your order be cancelled if it has not been fulfilled within 30 days of having been made.
These Terms set out all of our obligations in relation to of provision of Products and Services to you under any accepted order. These Terms prevail over any other terms or conditions referred to elsewhere or otherwise implied.
No, delay by either you or us in enforcing any of these Terms shall restrict the rights that either of us has under them.
No waiver of any term or condition of these Terms shall be effective unless made in writing and signed by us.
If a court of competent jurisdiction finds that any provision or portion of these Terms to be illegal, unenforceable, or invalid the remainder of these Terms (to the fullest extent permitted by law) will continue in full force and effect.
(11) Entire agreement