Terms & Conditions
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- Introduction
1.1 – This website is owned and operated by Tofgam board games.
Company Registration Number: SC582123
These terms and conditions apply to all users of this website/service (henceforth referred as “you”), and are upheld at all times by Tofgam board games (henceforth referred as “we”). By using this website you agree to the terms as set out in this document, if you do not agree to any of these terms, please do not use this website. Sales Enquiries: enquiries@tofgam.co.uk Company address Mitchell House 5 Mitchel Street Leith EH6 7BD1.2 – All goods and services are sold in accordance with the EU Consumer Rights Directive (2011/83/eu). The purpose of this directive is to ensure that the consumer is given clear and accurate information about the goods and services supplied by the retailer to help give consumers confidence when buying online. Note: Goods and Services sold prior to the 1st June 2014 where sold in accordance with The Consumer Protection (Distance Selling) Regulations 2000 (SI 2000 No.2334).1.3 – Use of this website constitutes acceptance of the terms and conditions laid out on this page. Tofgam board games reserves the right to amend these terms at any time, without warning. All changes will be made current on this page.
Last Updated: 1st December 2018, 19:00 GMT - Purchase of Goods 2.1 – All orders made by you through www.tofgam.co.uk are subject to acceptance by us. In the circumstance we refuse your order, we cannot be held liable to any party. 2.2 – After submitting an order to us we will send you an order acknowledgement email with your order number and details of the goods that you have ordered. Please note this email is an automated acknowledgement and is not an acceptance of your order.2.3 – Order acceptance and the completion of the contract between you the customer and Tofgam board games will take place at the point of order dispatch, unless we have notified you otherwise, or you have cancelled your order in accordance with the terms set out in Section 4 – Cancellations & Returns.
If we do not accept an order, a full refund will be processed.2.4 – The following are examples of why we may refuse to accept an order:2.4.1 – We cannot obtain authorisation from the bank or suspect fraud
2.4.2 – If there have been errors/issues with the description of the goods (Section 5)
2.4.3 – If goods are no longer available.
- Delivery of Goods Delivery Overview 3.1.1 – If you order an item that is in stock we will endeavour to have that order sent as soon as humanly possible. Tofgam board games reserve the right to amend delivery estimates at any point in the order process and any such changes will be notified in writing or verbal communication. In some cases, orders of excessive size, weight or value may take longer than the estimated time. We cannot be held responsible for delays in deliveries. Tofgam board games will notify you of any such delays.3.1.2 – In the event of any issue with your order, such as errors in the stock levels, or clerical errors in the order process, we will notify you of a new delivery date, or provide you with the option of an alternate date. We also may deliver some goods in several consignments but will not charge additional carriage for this. Tofgam board games will not be liable to any party for items delivered outside the specified delivery estimates.3.1.3 – All UK deliveries are normally dispatched using Royal Mail 2nd class standard delivery. All deliveries are included in the price paid at purchase.
Delivery to an alternative Address
Orders to an alternative delivery address can be processed if the customer has been authenticated using 3D authentication (i.e. Verified by Visa, Mastercard, Maestro). Tofgam board games reserves the right to deliver only to the cardholder’s billing address.
3.2 – Cost of returns
3.2.1 – If you change your mind, you can return your purchase, subject to [Section 4. Cancellation & Returns Policy] in its original condition within 14 days to us for a full refund (minus any costs incurred for the initial dispatching and any costs incurred by Tofgam board games for the returning of the order Section [3.2]).
IMPORTANT: Before returning, please contact Tofgam board games via enquiries@tofgam.co.uk to state your intentions. We will supply you with a form to indicate your reasons for return. Please keep this form with the returns items to be process in a timely fashion.3.3 – Damaged Goods
3.3.1 – All orders are pre-checked and are well packaged before dispatch. However, in the event of goods arriving damaged, any shipping damage must be reported within 24 hours of receipt. In this event, we will confirm the damage and if a claim is found valid, a full replacement will be offered, or a full refund in the event that the goods are no longer in stock. We reserve the right to request additional photographic evidence in order to verify such claims.
3.3.2 – At the point of delivery, all goods become the responsibility of you the customer. From this point, you the Customer will be responsible for the safekeeping and correct use of all goods, Tofgam board games will not be responsible for any damage or fault arising from incorrect storage or use. The validity and conditions of any refund/return will be affected by any damage considered to be caused through misuse or neglect.
3.3.3 – Under the Consumer Rights Act, EU customers have a legal right to reject goods that are unsatisfactory quality, unfit for purpose or not as described and get a full refund. This right is limited to 30 days from the date you receive your goods.
We cannot be held responsible for damages caused by shipping or negligence if reported after 24 hours of the goods being delivered
- Cancellations & Returns 4.1 – Under the conditions outlined in the EU Consumer Rights Directive and in Section 4.2, Tofgam board games operates a 14 day cooling-off returns policy for products that are still in their original condition. This allows UK and EU customers to cancel their order up to 14 days after receipt of their goods. If you wish to cancel your order during this 14-day period, please notify us of your intentions by email at enquiries@tofgam.co.uk . 4.1.1 – Upon contacting us, we will inform you what the next stage is. Note: Items returned to the wrong address or without the sufficient products may suffer delays.4.2 – The right to return goods to us as mentioned in Section 4.1 does NOT apply in the following situations4.2.1 – Special Orders – Any order which has been specified or customized to the customers specifications. This also includes any item which is not typically stocked by Tofgam board games and has been ordered in at the request of the customer.
4.3 – If you wish to exercise your right to cancel this contract within the cancellation period, you should inform us at enquiries@tofgam.co.uk, we will supply you with the relevant form and return the goods to us within 14 days and take reasonable care in doing as detailed in the EU Consumer Rights Directive (2011/83/EU). The risk and cost of returning the goods to us shall be accepted by you unless you have notified us that the goods have arrived damaged or faulty (Section 3.4) and this has been verified by us. If goods are not returned within this period, we will assume that you have withdrawn your right to cancel.
4.4 – As outline in the EU Consumer Rights Directive (2011/83/EU), failure to return items in their original condition will result in deductions from your refund or refusal of a return. As a result, we may make deductions to your refund for any diminution in value of the returned goods where the handling of goods has “gone beyond the sort of handling that might reasonably be allowed in a store”
4.5 – Upon cancellation of the contract we will credit your account with a full refund for the goods. Normally refunds are processed the same day if the goods haven’t been dispatched or on the day of receiving the goods back, however, in any event, not later than 14 days after receipt of the cancelled goods. If you do not return the goods or do not pay the costs of delivery to us, we shall be entitled to deduct the direct cost of recovering the goods from the amount of the refund.
4.6 – The right to cancel does not apply to orders delivered outside of the European Union.
4.7 – Under the Consumer Rights Act, EU customers have a legal right to reject goods that are unsatisfactory quality, unfit for purpose or not as described and get a full refund. This right is limited to 30 days from the date you receive your goods
- Description of Goods & Pricing 5.1 – All our prices are shown in Pounds Sterling (GBP). Postage and packaging are included in the price. As we are a small company and fall under the VAT threshold the price is currently free from VAT.5.2 – All our prices, descriptions and shipping charges are reviewed regularly and we endeavour to ensure that the prices and the information provided on our website are correct at all times. In the event of an error in the information provided by our website, Tofgam board games will notify you of this error immediately. In the event that a price is incorrectly displayed, Tofgam board games will offer you the product/service at the correct price, or a full refund. We are not under any obligation to honour an incorrect price.
- Payment6.1 – All credit and debit card processing is encrypted and handled securely by Paypal. We do not see your card details at any time.
6.2 – We currently accept the following methods of payment online: Cards displaying VISA, Mastercard, Maestro. Other accepted forms of payment are Paypal. - Site Usage / Service Access 7.1 – Although we make every effort to ensure our website is available 24 hours a day, we will not be liable if, for any reason, our website is unavailable at any time due to maintenance, system failure or conditions outside our control. 7.2 – The use of tools for the purpose of price scanning (either automatically or manually) this website is forbidden without the prior written consent of Tofgam board games. Without prior consent, you agree to fines of up to £1000 a day if unauthorised scanning activity is detected.
- Copyright
8.1 – The Copyright to all the games on the site, logos and other such items owned by Tofgam board games remain the property of Tofgam board games. Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs, web designs & implementations, graphical images) are owned by us or our licensors.
8.2 – Product images or descriptions which we were created by Tofgam board games remain the property of Tofgam board games at all times and cannot by copied in any format under any circumstance without full written consent from Tofgam board games. - Liability 9.1 – Tofgam board games and any of our owners, officers, directors, employees or shareholders will not be liable for any losses or damage that you suffer under the contract which were not a foreseeable consequence of breach of the contract. We are not responsible for indirect losses which were not considered at the time of the contract including, but not limited to, any loss of income or profits, loss of business or goodwill, loss of data, loss of opportunity. 9.2 – We are not liable for losses that arise 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.
- Data Protection
10.1 – By placing your order, you agree and understand that we may store, process and use data collected from your order process telephone order for the purposes of processing your order. 10.2 – We do not see or store your card number when you purchase online. - Circumstances beyond our reasonable control 11.1 – We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
- Privacy Policy
12.1 – We take customers’ privacy and confidentiality very seriously so Tofgam board games does not disclose buyer’s information to any marketing third parties and takes every step to protect customer’s data.
12.2 – We use cookies to keep track of your current shopping session and so that you may retrieve your shopping basket at any time – if you do not accept cookies you will be unable to use this website.Using our site indicates that you accept the use of both ‘Strictly Necessary’ and ‘Performance’ cookies as defined in our Cookie Notice page here. Accepting these cookies is a condition of using the website, so if you prevent them we cannot guarantee your security or how our site will perform for you.
- Introduction