Terms & Conditions

Last updated: July 08, 2020

Please read these terms and conditions carefully before using the website operated by Blackgate Games (‘we’, ‘us’.) They contain important information about your rights and obligations.

  1. DEFINITIONS
    1. “Buyer” means the individual or organisation who buys or agrees to buy the Goods from the Seller;
    2. “Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
    3. “Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
    4. “Goods” means the articles that the Buyer agrees to buy from the Seller.
    5. “Seller” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) means Dragontek Ltd, 4 Hayes Road, Deanshanger, Milton Keynes, United Kingdom, MK19 6HW. Registered Company Number 12004711 that owns and operates www.blackgategames.co.uk;
    6. “Terms and Conditions” (also referred as “Terms”) means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
    7. “Website” means www.blackgategames.co.uk
    8. “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
    9. “Country” refers to: United Kingdom
    10. “Device” means any device that can access the Service such as a computer, a cellphone or a digital tablet.
    11. “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed.
  2. CONDITIONS
    1. Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
    2. These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
    3. Clicking for an order shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
    4. Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
    5. The seller has a duty to make sure that goods supplied are in conformity with the contract.
    6. Any complaints should be addressed to the Seller’s address stated in clause 1.5.
  3. ORDERING
    1. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
    2. Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund within 30 days.
    3. Goods can be ordered using the website only. The technical steps the Buyer needs to take to complete the order process are those described on the website.
  4. PRICE AND PAYMENT
    1. The prices payable for products are set out on the website and are in £GBP. All prices include VAT at a rate of 20% and exclude delivery charges. View our “Delivery” page for rates.
    2. The total purchase price, including VAT and delivery charges, if any, will be displayed in the checkout prior to confirming the order.
    3. After the order is placed the Seller shall receive, by email, the details, description and price for the Goods together with information on the right to cancel.
    4. Payment of the price plus VAT and delivery charges must be made in full before dispatch of the Goods. Goods will only be dispatched upon cleared payment.
  5. RIGHTS OF SELLER
    1. The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
    2. The Seller reserves the right to withdraw any Goods from the Website at any time.
    3. The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
  6. AGE OF CONSENT
    1. Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.
    2. If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.
  7. DELIVERY
    1. Delivery prices are quoted for designated UK mainland areas only. For additional information, delivery charges, delivery methods and dispatch times, please also refer to the section on the website headed “Delivery”. For delivery outside of UK mainland areas, please use our Contact Us page.
    2. The Seller shall use its reasonable endeavours to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
    3. Delivery of the Goods shall be made to the Buyer’s address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
    4. Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery, at the time delivery was attempted.
    5. Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
    6. In the case of obvious shortages or suspected damage to deliveries of goods, the drivers delivery note must be signed accordingly by the person accepting the delivery on behalf of the buyer.  All claims for broken or missing goods should be reported to the Seller no later than three working days from the date of delivery.
  8. CANCELLATION
    1. The Buyer may cancel the Contract with the Seller for the Goods at any time up to the end of the fifth working day from the date the Buyer receives the ordered Goods.
    2. The Buyer does not need to give any reason for cancelling the Contract, nor will the Buyer have to pay any penalty other than carriage costs and costs of returning the goods if they have been dispatched. If the Goods have been opened or used, they may not be returned unless faulty. The Buyer must notify the Seller by using our Returns Form on blackgategames.co.uk
    3. Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postage charges if the Goods are in fact defective.
    4. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
    5. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
    6. Goods to be returned must clearly quote the order number obtained from the Seller on invoice.
    7. Where returned Goods are found to be damaged due to the Buyer’s fault, the Buyer will be liable for the cost of remedying such damage.
    8. The Seller may cancel the Contract for the sale of Goods if it has insufficient stock to deliver Goods or the Buyer’s delivery address is a location to which the Seller does not deliver or if one or more of the Goods the Buyer orders was listed at an incorrect price due to an error. If the Seller does cancel any Contract it will credit any payment made. The Seller will not be obliged to offer any additional compensation for disappointment suffered.
    9. LIMITATION OF LIABILITY
      1. Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
      2. Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.
    10. WAIVER
      1. No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
    11. FORCE MAJEURE
      1. The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
    12. SEVERANCE
      1. If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
    13. CHANGES TO TERMS AND CONDITIONS
      1. The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
    14. GOVERNING LAW AND JURISDICTION
      1. These Terms & Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.