Standard Terms and Conditions For The Sale Of Goods

BACKGROUND:

These Terms and Conditions are the standard terms for the sale of goods by hour glass online escape room ltd a Private Limited Company. [registered in England under number 12564143] [,whose registered address is 19 edens mount sawbridgeworth hertfordshire cm219du and] whose main trading address is19 edens mount sawbridgeworth hertfordshire cm219du.

  1. Definitions and Interpretation
    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
Business Day”means, any day other than a Saturday, Sunday or bank holiday;
Calendar Day”means any day of the year;
Commercial Unit”means a delivery of Goods, the character and/or value of which would be materially impaired if divided;
Contract”means the contract for the purchase and sale of Goods, as explained in Clause 3;
Goods”means the goods which are to be supplied by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
Month”means a calendar month;
Price”means the price payable for the Goods;
Special Price”means a special offer price payable for Goods which We may offer from time to time;
Order”means your order for the Goods [as attached] OR [as shown overleaf];
Order Confirmation”means Our acceptance and confirmation of your Order as described in Clause 3;
We/Us/Our”means hour glass online escape room ltd is a, Private Limited Company [registered in England under number 12564143] [,whose registered address is 19 edens mount sawbridgeworth cm219du] and registered business address 19 edens mount sawbridgeworth cm219du.
  1. Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, [text message,] fax or other means.
  1. Information About Us
    1. Our Site, https://hourglassonlineescaperoom.games , is [owned and] operated by hour glass online escape room ltd [, a limited company registered in England under 12564143, whose registered address is 19 edens mount sawbridgeworth cm219du and whose main trading address is] OR [of] 19 edens mount sawbridgeworth cm219du.
  1. The Contract
    1. These Terms and Conditions govern the sale of goods by Us and will form the basis of the Contract between Us and you. Before making your Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
    2. Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our discretion, accept.
    3. A legally binding contract between Us and you will be created upon Our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided via email.
    4. We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
      1. The main characteristics of the Goods;
      2. Our identity (set out above in Clause 2) and contact details (set out below in Clause 12);
      3. The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
      4. Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;
      5. Where applicable, the arrangements for payment, delivery and the time by which We undertake to deliver the Goods;
      6. Our complaints handling policy;
      7. We shall ensure that you are aware of Our legal duty to supply goods that are in conformity with the Contract;
      8. Where applicable, details of after-sales services and commercial guarantees;
      9. Where applicable, the functionality, including appropriate technical protection measures, of digital content; and
      10. Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.
  1. Description and Specification of Goods
    1. We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided in Our sales and marketing literature [and descriptions provided by Our salespeople]. We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate [due to [discrepancies that may arise during the printing process] AND/OR [differences in the colour reproduction of electronic displays]].
    2. If you receive any Goods that do not conform to the Contract, please refer to Clause 8.
    3. If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible. If, an error on our side effects the gameplay audio, visual, bad internet connection your game will be rescheduled for of charge.
    4. We reserve the right to make any changes in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
  1. Orders
    1. All Orders for Goods made by you will be subject to these Terms and Conditions.
    2. You may change your Order 48 hours before game time by contacting Us.
    3. If your Order is changed We will inform you of any change to the additional payments if changed less than 48 hour prior to game time.
    4. Your Order is non-refundable, however you can change date and time of game 48 hours before game time, any changes less than 48 hours a subject to a re-booking fee of £20
    5. We may cancel your Order at any time before your game time following circumstances:
      1. lack of staff to host game.
      2. Equipment not working
      3. An event outside of Our control (please see Clause 11 for events outside of Our control).
    6. If We cancel your Order under sub-Clause 5.5 and you will be contacted to reschedule the game.
  1. Price and Payment
    1. The Price of the Goods will be that shown in Our website and booking system in force at the time of your Order. If the Price shown in your Order differs from Our current Price We will inform you upon receipt of your Order.
    2. If We quote a Special Price which is different to the Price shown in Our current price, the Special Price will be valid for a short period of time or, if the Special Price is part of an advertised special offer, for the period shown in the advertisement. Orders placed during this period will be accepted at the Special Price even if We do not accept the Order until after the period has expired.
    3. Our Prices may change at any time but these changes will not affect any Orders that We have already accepted.
    4. We have made every reasonable effort to ensure that Our Prices, as shown in Our website and booking system are correct. Prices will be checked when We process your Order.
    5. All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, We will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where We have already received payment in full from you.
    6. All payments for Goods must be made in advance before your game time.
    7. We accept the following methods of payment:
      1. stripe payment system;
      2. paypal.
    8. [Credit and/or debit cards will be charged when the order is placed.]
    9. your order will not be valid without payment.
    10. The provisions of sub-Clause 6.10 will not apply if you have promptly contacted Us to dispute an invoice in good faith. No interest will accrue while such a dispute is on-going.
  1. Delivery
    1. Please note that delivery is currently only possible within [the United Kingdom].
    2. When We provide you with an Order Confirmation, With the date and time you’ve chosen including your password and link to log into, games host will proceed with the game.
    3. Delivery will be deemed to have taken place when the you have logged onto the site and are met by your online host.
    4. If for any reason We are unable to host the game, your game will be rescheduled.
    5. Please note carefully the following:
      1. We can refuse to deliver the Goods, if your are verbally abusive and or too intoxicated.
      2. We can refuse to deliver the Goods, if players excite the amount of 14 players from 10 deceives, unless conformed before game time.
    6. If any of the events in sub-Clause 7.9 occur you may, instead of treating the Contract as being at an end, specify a new date and time.
    7. If you fail to login on time after being contacted by Us and still fail to login your game will be cancelled and will not be refunded.
  1. Faulty, Damaged or Incorrect Goods
    1. By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults receiving from our end, or if you receive poor game navigating and or narrating, please contact Us as soon as reasonably possible to inform Us of the issue to reschedule your game.
    2. Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14 Calendar Days of the day on which We agree that you are entitled to the refund.
    3. Any and all refunds issued under this Clause 8 will include all delivery costs paid by you when the Goods were originally purchased.
    4. For full details of your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
  2. Providing the Services
    1. As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in the escape room industry , and in accordance with any information provided by Us about the Services and about Us.
    2. We will begin providing the Services on the date confirmed in Our Order Confirmation.
    3. We will continue providing the Services for 1 hour and 15 minutes as stated on conformation email.
    4. We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause for events outside of Our control.
    5. If We require any information or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.
    6. If the information or action required of you under sub-Clause 6.5 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.
    7. In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 6.5, We may suspend the Services (and will inform you of that suspension via email).
    8. In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.
    9. If the Services are suspended under sub-Clauses 6.7 or 6.8, you will not be required to pay for them during the period of suspension. You must, however, pay any invoices that you have already received from Us by their due date(s).
    10. If you do not pay Us for the Services as required by Clause 5, We may suspend the Services until you have paid all outstanding sums due. If this happens, We will inform you in writing. This does not affect Our right to charge you interest under sub-Clause 5.10.
  3. Problems with the Services and Your Legal Rights
    1. We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible [(you do not need to contact Us in writing)].
    2. We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical. [In emergency situations, such as those where vulnerable people living in your property may be affected, We will use reasonable efforts to remedy problems within 24 hours.]
    3. We will not charge you for remedying problems under this Clause 7 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 6.6 will apply and We may charge you for remedial work. As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method. In addition to your legal rights relating directly to the Services, You also have remedies if We use materials that are faulty or incorrectly described.
  4. Our Liability
    1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
    2. We only supply Goods for domestic and private use. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). By making your Order, you agree that you will not use the Goods for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
    3. Nothing in these Terms and Conditions seeks to exclude or limit Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
    4. Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer. For more details of Your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
  1. Events Outside of Our Control (Force Majeure)
    1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
    2. If any event described under this Clause 11 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
      1. We will inform you as soon as is reasonably possible;
      2. Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
      3. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
      4. If the event outside of Our control continues for more than 2 hours, We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible;
      5. If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to cancel under sub-Clause 5.4 above.
  1. Communication and Contact Details
    1. If you wish to contact Us, you may do so by email at infohourglassonlineescaperoom@gmail.com
  1. Complaints and Feedback
    1. We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
    2. All complaints are handled in accordance with Our complaints handling policy and procedure.
    3. If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
      1. By email, addressed to infohourglassonlineescaperoom@gmail.com
  1. How We Use Your Personal Information (Data Protection)
    1. All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
    2. For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice.
  1. Other Important Terms
    1. We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
    2. You may not transfer (assign) your [other] obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission. Please note, however, that you can transfer the benefit of the extended return period (guarantee) in Clause 9 without our consent.
    3. The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions (except the benefit of the extended return period (guarantee) in Clause 9).
    4. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
    5. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
  1. Governing Law and Jurisdiction
    1. These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of [England & Wales] [Northern Ireland] [Scotland].
    2. As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 17.1 above takes away or reduces your rights as a consumer to rely on those provisions.
    3. Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

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