In these conditions:
- “We” or “us” or “our” means Red Herring Games LTD of 55 St Augustine Ave, Grimsby, DN32 OLD (trading address: 26a Wellowgate, Grimsby, North East Lincolnshire DN32 0RA), United Kingdom. Cosykiller is a trading name of Red Herring Games LTD.
- “commercial purposes” means for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit;
- “good” means the goods described on our website and included within your order and supplied to you pursuant to these conditions including but without limitation downloadable games;
- “working day” means a day (other than a Saturday, Sunday or Public Holiday) when banks in London are open for business.
1. The contract between us
When you place an order to purchase goods from us and tick the box indicating your acceptance of these conditions you make a binding offer to purchase those goods in accordance with these conditions and subject to the terms of the licence agreement incorporated within them. At the same time you warrant to us that you are legally capable of entering into binding contracts and that you are at least 18 years old.We reserve the right to make non material alterations to the specification of the goods as described on this website. We must receive payment of the whole of the price for the goods (together with any delivery charges) that you order before your order can be accepted. Once payment has been received by us we will confirm that your order if accepted has been accepted by sending an email to you at the email address you provide with your order or otherwise in writing. Our acceptance of your order brings into existence a legally binding contract between us.
The contract will create legal obligations as far as you are concerned in connection with the use of the goods. In particular you will be agreeing to fully comply with the terms of the license contained in clause 6 of these conditions. Our contract is binding on you and us and our respective successors and assignees. You may not transfer, assign, charge or otherwise deal with or dispose of the contract without our prior written consent. We may assign, transfer, charge, sub-contract or otherwise dispose of our rights and obligations under the contract at any time during its term. If after you place your order we send you an acknowledgement of that order this does not mean that your order has been accepted unless the acknowledgement specifically says that it has been accepted.
- The prices payable for goods that you order are as set out on our website. If applicable they include Value Added Tax (“VAT”).
- You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out on our website and will be displayed at our “checkout” prior to you being asked to confirm your order.
3. Right for you to cancel your contract or return the goods
- You may cancel your contract with us for the goods you order at any time before the goods or some of them are dispatched to you. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. To cancel your contract you must notify us either by email or otherwise in writing.
- Similarly you have the right to return the goods to us within 7 working days of the day after the goods are delivered to you. This is provided that they are returned unused at your expense and in the same condition that they were upon delivery. If you are returning the goods in this way you must notify us by email or otherwise in writing. In this way we are complying with consumer protection rights relating to UK distance selling.
- Once you have notified us that you are cancelling your contract or returning the goods to us in accordance with these conditions any sum paid to us for the goods (including any delivery charges which you have paid) from your credit or debit card will be credited to your account or otherwise repaid in an appropriate manner reflecting how you have paid us (e.g. PayPal) as soon as possible and in any event within 30 days of your order or within 10 days of the receipt of returned goods if later. If re-turned goods are damaged in any way or unusable then we will refund an appropriate proportion of the sum paid to us after we have advised you of the position by email or otherwise in writing.
4. Cancellation by us
- We reserve the right not to accept your order in whole or in part at our sole discretion or to cancel the contract between us if:
- we have insufficient stock to deliver the goods you have ordered;
- we do not deliver to your area or cannot deliver the goods you have ordered to your area; or
- one or more of the goods you ordered was listed at an incorrect price due to a typo- graphical error or an error in the pricing information received by us from our suppliers.
- If we do not accept your order or cancel your contract we will notify you by email or otherwise in writing and will credit to your account any sum paid to us from your credit or debit card or otherwise in an appropriate manner
reflecting how you have paid us (e.g. PayPal) as soon as possible and in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. Delivery of goods to you
- We will deliver the goods ordered by you in the manner set out on this website and to the address you give us for delivery at the time you make your order.
- The goods will be dispatched as soon as possible after your order is accepted and in any event within 10 days of your order. If this is not possible for any reason we will advise you by email or otherwise in writing. Usually we dispatch the goods but on occasions the goods or some of them may be sent to you direct by our supplier.
- We may deliver the goods by installments. On occasions we will replace goods already sent to you at our expense if we discover that they are faulty (e.g. a printing error).
- Where you or your addressee at the delivery address fail to take delivery of the goods we shall be entitled to charge our additional reasonable costs of redelivering the goods if you request or we attempt re-delivery.
- You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6. Your license to use the goods and the intellectual property rights in them
You acknowledge and agree to be bound by the terms of our license to you to use the goods, as follows:
- you agree that the goods will only be used by you and for non commercial purposes.
- if in breach of your license the goods are used for commercial purposes you agree that within 7 days of receipt of an invoice from us and with time being of the essence you will pay us a sum equivalent to our current charge for providing the goods for the purpose for which you have used them less the sum that you have already paid for the goods together with all costs and expenses that we have reasonably incurred in enforcing the terms of your license.
- you agree that the Intellectual Property Rights in the goods remain vested in us and that we are granting you a non exclusive license to use the goods for the purpose set out in these conditions. “Intellectual Property Rights” include patents, design rights, copyright, trademarks, service marks (in each case whether registered or not), applications or rights to apply for any of the foregoing, database rights, Know-How, trade or business name, rights in confidential information, goodwill, and other similar rights existing in each case in any part of the world.
- without prejudice to the generality of the foregoing you agree that you will not copy, reproduce, resell or re-distribute the goods.
- If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email which we have acknowledged or otherwise in writing at our contact address within 10 working days of the delivery of the goods to you with time being of the essence.
- If you do not receive the goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us by email or otherwise in writing at our contact address of the problem within 40 days of the date on which you ordered the goods with time being of the essence.
- If you notify a problem to us under clauses 7.1 or 7.2 above, our only obligation will be, at your option:
- to make good any shortage or non-delivery;
- to replace or repair any goods that are damaged or defective; or
- to refund to you the amount paid by you for the goods in question in whatever way we choose.
- If we accept an order for delivery outside the United Kingdom the goods may be subject to import duties or other taxes in addition to VAT. These import duties or other taxes are outside our control and must be borne by you. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase. In some cases we are prohibited by law from exporting some items (e.g. ‘cracker snaps’) in which case any such items will not be dis-patched to you as part of your order and the description of the goods will be deemed to be varied accordingly.
- Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition or arising from our contract generally and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.3.3 above.
- Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent either by acknowledged email to our email address published on this web-site or to our office address at 26a Wellowgate, Grimsby, North East Lincolnshire DN32 0RA, United Kingdom. All notices from us to you must be in writing and sent either by email to the email address that you provide in your order form or to the address you give us for delivery at the time you make your order.
9. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, damage incurred in course of post, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
12. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
14. Entire agreement
15. Waiver and Time
No delay act or omission by either you or us in exercising any right or remedy will be deemed a waiver of that or any other right or remedy. Unless stated otherwise time is not of the essence of any date or period specified in these conditions.