Crystal Dagger Games Terms & Conditions
Last update on 17 October 2020
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 say that we must give you certain key information before a legally binding contract between you and us is made.
We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on our complaint handling policy. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you’re entitled to the following:
- up to 30 days: if your goods are faulty, then you can get a refund;
- up to six months: if they can’t be repaired or replaced, then you’re entitled to a full refund, in most cases;
- up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
In order to action any of the above rights (if applicable), we ask that you first return the product to us as soon as reasonably practical after having become aware of the fault or issue.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call them on 03454 040 506.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
This contract sets out:
- your legal rights and responsibilities;
- our legal rights and responsibilities; and
- certain key information required by law.
In this contract:
- ‘We’, ‘us’ or ‘our’ means Crystal Dagger Games; and
- ‘You’ or ‘your’ means the person using our site to buy goods from us.
If you don’t understand any of this contract and want to talk to us about it, please contact here: email@example.com
Who we are
We are registered in England and Wales under company number: 08442839
Our registered office is at: 592 Commercial Road, London E14 7JR (UK)
If you buy goods from our website, you agree to be legally bound by this contract. This contract is only available in English. No other languages will apply to this contract.
When buying goods you also agree to be legally bound by:
- our website terms and conditions and any documents referred to in them;
- specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods;
- our Pre-Order conditions if you are buying a Pre-Order item from us
A Pre-Order is when you are placing an order with us for a product that is not yet available for general sale.
All of the above documents form part of this contract as though set out in full here.
Your privacy and personal information
Our Privacy Statement is available at https://www.crystaldagger.com/privacy-policy
Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Statement, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
Many website services will require automatic registration. All information provided on this website must be accurate and complete. Subsequent access to services requiring registration is subject to an approved username and password (‘Password Details’).
All Password Details are accepted at our discretion and can be withdrawn at any time. If registration is completed on your behalf during checkout, your log-in details will be emailed on to you. These are exclusive to you, non-transferable and must be treated with strict confidentiality at all times.
If you are concerned in any way about your Password Details or aware of misuse you must inform us immediately using the ‘Contact Us’ form on our website or emailing us at firstname.lastname@example.org.
Similarly, if you no longer require an account with us, or would like to have your account deleted, you are more than welcome to do so by logging in, or you can contact us to remove it on your behalf.
Ordering goods from us
- Below, we set out how a legally binding contract between you and us is made.
- If you are not personally the consumer, you confirm that you attain the authority to bind any business or organisation on whose behalf you use the website by these terms and conditions; and
- You place an order on the site by adding items individually to your basket before proceeding to the checkout. Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
- When you place your order at the end of the online checkout process (e.g. when you click on the ‘place order’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
- We may contact you to say that we do not accept your order. This is typically for the following reasons:
(a) the goods are unavailable;
(b) we cannot authorise your payment;
(c) you are not allowed to buy the goods from us;
(d) we are not allowed to sell the goods to you;
(e) you have ordered too many goods
We will only accept your order when we email you to confirm this (Dispatch Confirmation Email). At this point:
(a) a legally binding contract will be in place between you and us; and
(b) we will dispatch the goods to you.
If you are under the age of 18 you may not be able to buy certain goods because you are too young. These are set out on the relevant webpage for the goods.
Right to cancel this contract
- You have the right to cancel this contract within 14 days without giving any reason.
- The cancellation period will expire after 14 days from the day you receive your order.
- To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email).
- You can use the model cancellation form set out in the box below, but it is not obligatory.
To Crystal Dagger Games,
592 Commercial Road, London E14 7JR (UK)
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
- Subject to clause 5.6, if you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
- We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
- We will make the reimbursement without undue delay, and not later than 14 days after the day we received back from you any goods supplied;
- (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly requested otherwise; in any event, you will not incur any fees as a result of the reimbursement.
If you have received goods:
- you shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;
- you will have to bear the direct cost of returning the goods; and;
- you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- For the avoidance of doubt, opening of the goods by way of removal of cellophane (or similar casing), or, in the case of a Subscription Order or one off order of a Mystery Box or New Release Box, the opening of the delivery box itself, will be deemed acceptance of the goods and you will lose your right to cancel this contract at that time.
- We use Royal Mail, Parcelforce and DHL to deliver our goods. If you want to see your delivery options, visit our webpage (www.crystaldagger.com/payments-shipping) before you place your order.
- The estimated date and time window for delivery of the goods is set out on the checkout page and again on the delivery page of our website.
If something happens which is outside of our control affects the estimated date of delivery,
we will endeavour to let you have a revised estimated date for delivery of the goods.
Delivery of the goods will take place when we deliver them to the address that you gave to us.
- If an item is reported as not arrived, we reserve the right to open an investigation with our chosen courier service provider before declaring the item lost.
- We similarly reserve the right to resend the item as opposed to issuing a refund.
- If an offer is made to resend but declined, we reserve the right to deduct 50% from the value of the refund in order to cover losses in such unusual circumstances.
- It is also company policy not to entertain future orders from customers placing non-tracked orders and reporting goods missing, until goods are returned to us as undelivered.
- All packages have return addresses printed on them so will not be entirely lost. In order to avoid this circumstance, it is at the customer’s discretion to use a courier delivery option.
- Subject to clause 6.7, unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
- let you know;
- cancel your order; and
- give you a refund.
- Clause 6.6 shall not apply if you have pre-ordered any products from us unless we cannot deliver the goods to you within 30 days of the date on which the product has become available to us to deliver to you.
- If nobody is available to take delivery, please contact us at email@example.com
- You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods. If you have instructed us to leave the goods in a safe place or with a neighbour and we do so, this will be deemed delivery and you will be responsible for the goods from that point.
- If you arrange to collect an order from our offices (typically for bulk purchases) we will send you an order confirmation email which will confirm the order's estimated arrival date and time at our offices, and from which point you are able to collect your order.
- Upon collection, you must provide a valid ID (Signed Passport, UK Driving License, Recent Utility Bill etc.) and an order confirmation, and we reserve the right to refuse collection if these details are not provided.
- If an order is not collected within 7 days of the order being placed, or we have received no contact from you confirming a delay in collection, the order will be returned to our warehouse where a refund for the cost of the item will then be processed.
- Subject to clause 6.7, unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
- We accept the following credit cards and debit cards: Visa, MasterCard, Maestro and American Express. We do not accept cash.
- We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Statement (see clause 2) or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
- Your credit card or debit card will only be charged once your order has been accepted at the point we issue you the Dispatch Confirmation Email. In the case that we are unable to supply ordered goods we will inform you as soon as possible. A full refund will be awarded where goods have already been paid for.
- All pre-orders will have their payment taken at the point of ordering.
- All payments by credit card or debit card need to be authorised by the relevant card issuer. We may also need to use extra security steps via:
- Verified by Visa: https://www.visaeurope.com/making-payments/verified-by-visa/;
- Mastercard®SecureCodeTM:https://www.mastercard.co.uk/en-gb/consumers/features-benefits/securecode.html; or
- American Express SafeKey: https://www.americanexpress.com/icc/safekey.html.
To ensure that your credit, debit or charge card is not being used without your consent, we will occasionally validate name, address and other personal information supplied by yourself during order with appropriate third-party databases.
Acceptance of these terms and conditions indicates acceptance by you of these checks being carried out. Personal information provided by you may be disclosed to a registered Credit Reference Agency, where a record may be kept of this personal information. This is carried out only to confirm your identity in preventing fraud and credit checks are not performed. Your credit rating will remain unaffected.
If your payment is not received by us and you have already received the goods, you:
- must pay for such goods within 30 days; or
- must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
- If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period.
The price of the goods:
- is in pounds sterling (£)(GBP);
- includes VAT at the applicable rate; and
- does not include the cost of delivering the goods before you place your order
- All copyrights, trademarks, and intellectual property rights in all materials made available as part of your use of this website will remain at all times vested in us or our licencors, and you are permitted to use this material only with appropriate authorisation.
- All material and content contained within this website is made available for personal and non-commercial use and may only be downloaded for the purpose of using crystaldagger.com.
- Other use of materials on this website is prohibited, and users agree not to copy, reproduce, publish, or commercially exploit our content.
Nature of the goods
The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods:
- are of satisfactory quality;
- are fit for purpose;
- match the description, sample or model; and
- are installed properly (if we install any goods).
We must provide you with goods that comply with your legal rights.
The packaging of the goods may be different from that shown on the site.
You must satisfy yourself that the goods being purchased are appropriate for the age of the likely user of the goods, with particular attention being put to any small product pieces forming part of the goods.
You should consult any age information and product description of the goods to determine whether the goods being purchased are age appropriate.
Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
- visit our webpage: www.crystaldagger.com/returns-policy, or
- contact us using the contact details at the top of this page.
Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law. Please contact us using the contact details at the top of this page if you want us to repair or replace the goods, or to reject the goods and get a refund.
End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
Limit on our responsibility to you
Except for any legal responsibility that we cannot exclude in law or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
- death or personal injury, unless caused by our negligence;
- losses that:
(a) were not foreseeable to you and us when the contract was formed; or
(b) that were not caused by any breach on our part;
- losses to non-consumers; and
- any other losses.
If any provision of the clause above (or any sub-clause of clause) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision or sub-clause of this clause shall not be affected.
We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods; our service to you; or any other matter, please contact us as soon as possible.
If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you and give you certain information required by law about our alternative dispute resolution provider.
You may also use the online dispute resolution (ODR) platform to resolve the dispute with us.
- If you want to take court proceedings, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this contract.
- The laws of England and Wales will apply to this contract, but you may still benefit from mandatory consumer protections applicable within your own territory.
Third party rights
No one other than a party to this contract has any right to enforce any term of this contract. However, if a person acquires the goods lawfully from you, you may transfer our guarantee to that person. This also applies where we have provided services in respect of an item you have transferred.
Delay or failure by Crystal Dagger Games to exercise rights or powers under these terms and conditions do not operate as a waiver of them. Any waiver must be in writing and signed by authorised representation of Crystal Dagger Games.
Any person attempting to purchase from our site confirms they are of the required minimum age to receive and use the product that has been ordered. Any person intending to purchase a game for a third party confirms that the intended recipient is of the minimum required age to receive and use said product.
We reserve the right to refuse supply where we have reason to believe that the customer is below the required minimum age. It is an offence to buy an age restricted title if you, or any third party intended recipient, is under the required minimum age.