Welcome to the Arcade Direct Terms and Conditions. These Terms and Conditions apply to the use of this website at www.arcadedirect.co.uk. By accessing this website and/or placing an order, you agree to be bound by these Terms and Conditions.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US, OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The www.arcadedirect.co.uk website is operated by Passion 4 (UK) Ltd, a company registered in England and Wales No. 5894071, whose registered office is at Unit 4 Corner Shippon, Clifton Fields, Lytham Road, Preston, PR4 0XG.
Our contact details are as follows:
Trading address:
Unit 4 Corner Shippon
Clifton Fields,
Lytham Rd,
Preston
PR4 0XG
General e-mail: info@arcadedirect.co.uk
Telephone number: 0333 050 4624 (OPT2)
1. INTRODUCTION
1.1 You will be able to access most areas of this website without registering your details with us. Certain areas of this website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this website from time to time, to review the then current Terms and Conditions, because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices, or terms located on particular pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.
2. ORDERING FROM US
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process, you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made, even if your payment has been processed immediately, unless we have notified you that we do not accept your order, or you have cancelled your order.
2.3 We may refuse to accept an order:
(a) Where goods are not available.
(b) Where we cannot obtain authorisation for your payment.
(c) If there has been a pricing, or product description error.
(d) If you do not meet any eligibility criteria set out in our terms and conditions.
2.4 Unless otherwise specified all equipment on this site is sold as refurbished.
3. PRICING
3.1 Where we charge separately for delivery, the relevant charges will be clearly confirmed during the check-out process, before you have to submit your completed order. Please note the charges apply to the non-extreme areas of mainland UK only. Overseas customers and UK customers, who live in the extremes, should contact sales for an adjusted delivery cost, where applicable.
3.3 Where installation is required, you should contact sales for a quotation, as it is not included in the delivery prices.
3.4 Our prices are reviewed periodically and we reserve the right to change the prices on this web site, without prior notice.
3.5 Ownership and Title of any goods, or services purchased shall not pass to the customer, until payment has been received in full, in cleared funds.
3.6 Any problems with payments made, Arcade Direct reserves the right to reclaim any costs involved in collection, or administering any outstanding payments.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
(a) You can notify us by email to info@arcadedirect.co.uk, before we have dispatched the goods to you
or
(b) Where goods have already been dispatched to you, by returning the goods to us in accordance with clause 4.2 below.
4.2 You can return goods you have ordered from us, for any reason at any time within 7 days of receipt, for a refund, or exchange. The costs of returning goods to us shall be borne by you. You must return the goods unused and in the same condition as you received them, complete with all the original packaging. You should email info@arcadedirect.co.uk, prior to returning the goods for a GRN note, which should accompany your returned item.
4.3 Upon receipt of the goods, we will check your returns and if everything is satisfactory, we will process your refund, or exchange credit, within 30 days, less a re-stocking charge of up to 30%, subject to the item/s concerned. Please note we cannot process returned item/s, unless they are returned with the relevant GRN note.
4.4 The right to cancel your order, or return the goods to us as referred to in clause 4.1 and 4.2 will not apply under DISTANCE SELLING REGULATIONS in the following circumstances: –
(a) We have ordered the item in especially for you.
(b) We have started work on an item, or service that is being personalised, or of a bespoke nature.
(c) Business to business contracts.
(d) The hire of equipment.
The provisions of this clause 4.4 do not affect your statutory rights.
5. LICENCE
5.1 You are permitted to print and download extracts from this website for your own use on the following basis:
(a) No documents or related graphics on this website are modified in any way.
(b) No graphics on this website are used separately from accompanying text.
(c) Any of our copyright and trade mark notices and this permission notice appear in all copies.
5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by us, or our licensors. For the purposes of these terms and conditions, any use of extracts from this website other than in accordance with clause 5.1 above, for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website.
5.3 Subject to clause 5.1, no part of this website may be reproduced, or stored in any other website, or included in any public or private electronic retrieval system or service, without our prior written permission.
5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
6.1 While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time, or for any period.
6.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
7.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
7.2 You are prohibited from posting or transmitting to, or from this website any material:
(a) That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience.
(b) For which you have not obtained all necessary licences and/or approvals
(c) Which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party, in the UK or any other country in the world.
(d) Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data, or other malicious software, or harmful data).
7.3 You may not misuse the website (including, without limitation, by hacking).
7.4 We will fully co-operate with any law enforcement authorities, or court order requesting, or directing us to disclose the identity, or locate anyone posting any material in breach of clauses 7.2
8. LINKS TO AND FROM OTHER WEBSITES
8.1 Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites, or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
8.2 If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of this website, and subject to the following conditions:
(a) You do not remove, distort or otherwise alter the size or appearance of the Arcade Direct logo.
(b) You do not create a frame, or any other browser, or border environment around this website.
(c) You do not in any way imply that we are endorsing any products or services, other than our own.
(d) You do not misrepresent your relationship with us, nor present any other false information about us.
(e) You do not otherwise use any Arcade Direct trademarks displayed on this website, without our express written permission.
(f) You do not link from a website that is not owned by you.
(g) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights, or other rights of any other person, or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
8.3 You shall fully indemnify us for any loss or damage, us or any of our group companies may suffer, or incur as a result of your breach of clause 8.2.
9. REGISTRATION
9.1 To register with www.arcadedirect.co.uk you must be over eighteen years of age.
9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person, nor with multiple users on a network.
9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
9.4 We may suspend or cancel your registration immediately at our reasonable discretion, or if you breach any of your obligations under these terms and conditions.
10. DISCLAIMER
10.1 While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material on this website. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.
10.2 The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill), which but for these terms and conditions might have effect in relation to this website.
11. LIABILITY
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and any of our group companies and the officers, directors, employees, shareholders, or agents of any of them, exclude all liability and responsibility for any amount, or kind of loss or damage, that may result to you, or a third party (including without limitation, any direct, indirect, punitive, or consequential loss, or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from, or connected in any way to business interruption, and whether in tort (including without limitation negligence, contract or otherwise), in connection with this website in any way, or in connection with the use, inability to use, or the results of use of this website, any websites linked to this website, or the material on such websites, including but not limited to loss or damage, due to viruses that may infect your computer equipment, software, data, or other property on account of your access to, use of, or browsing this website, or your downloading of any material from this website, or any websites linked to this website.
11.2 Nothing in these terms and conditions shall exclude, or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977), (ii) fraud, (iii) misrepresentation as to a fundamental matter, or (iv) any liability which cannot be excluded, or limited under applicable law.
11.3 If your use of material on this website results in the need for servicing, repair, or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees), arising out of any breach of the terms and conditions by you, or your use of this website, or the use by any other person using your registration details.
12. DELIVERY & COLLECTION
12.1 Promises of delivery dates are made in good faith and are adhered to as closely as possible, but may need to be varied from time to time, due to unforeseen circumstances arising, especially with personalised, or bespoke items. Arcade Direct accepts no responsibility for any losses, costs, or expenses incurred by the customer, in this event.
12.2 Customers who are collecting their machine/s, must do so within 10 days of notification that the machine/s is ready. After this time Arcade Direct shall be entitled to charge storage fees. All our machine/s are tested prior to delivery, if a customer arranges for their own delivery, Arcade Direct will not be held responsible for the machine/s arriving at the customers in working condition.
13. WARRANTIES
13.1 All machines purchased from Arcade Direct will be covered by the following warranty unless otherwise stated:
New machines purchased for domestic use – 12 months back to base parts and labour.
Refurbished machines purchased for domestic use – 3 months back to base parts and labour.
New machines purchased for commercial use – 6 months back to base parts and labour.
Refurbished machines purchased for commercial use – 3 months back to base parts and labour.
13.2 Any repair, service, or modification carried out on any machine by the customer, or any unauthorised third party during the warranty period, may invalidate the warranty.
13.3 Please select the upgrade warranty option if you wish to have on-site support. If this is not selected the client will be responsible to send products back to our base in Preston for repair at their own cost.
14. GOVERNING LAW AND JURISDICTION
14.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
14.2 We do not warrant that materials/items for sale on the website are appropriate, or available for use outside the United Kingdom. It is prohibited to access the website from territories where its contents are illegal, or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
15. MISCELLANEOUS
15.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
15.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect.
15.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.
16. ACT OF GOD
16.1 Arcade Direct shall not be held liable, if it shall be unable to carry out any provision of the contract for any reason, due to reasons beyond their control.
