“Buyer” means the individual or organisation that buys or agrees to buy the Goods from the Seller;
“Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
“Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
“Goods” means the arcade product(s) that the Buyer agrees to buy from the Seller;
“Seller” means Page Global Limited of 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ that owns and operates www.bespoke-arcades.co.uk;
“Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
“Website” means www.bespoke-arcades.co.uk.
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
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.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
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.
Any complaints should be addressed to Page Global Ltd, Hodge House, Cranborne Road, Potters Bar, EN6 3JN.
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.
The Seller requires a minimum deposit of 50% (non-refundable) of the full purchase price with an order and then the balance on, or prior to delivery. Any work undertaken by the Seller will only commence once the initial deposit or full payment has been received.
With any late payment, or problems in these regards, the Seller reserves the right to reclaim any costs involved in work already undertaken. Once an order has been placed with us, the person who places the order will agree to be personally liable for the payment of the Goods. Ownership will not be passed until full payment is received.
Goods supplied within the UK will normally be delivered within 21-28 days of acceptance of an order. Certain options may increase the lead time and if this is the case then the Seller will be informed at the point of purchase. Full shipping instructions will be sent and/or explained to the Seller once an order is in place.
The Seller shall use its reasonable endeavours to meet any date agreed for delivery. Assurances of delivery dates are made in good faith and are adhered to as well as feasibly possible. Delivery dates are sometimes based around production runs and may very occasionally arrive some weeks later than the expected delivery date. We will do everything in our power to ensure that you are fully informed of all progress. In any event, 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.
Delivery of the Goods shall be made to the Buyer’s address specified with the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted. Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
CANCELLATION AND REFUND:
Due to the bespoke nature of our products, when a client places an order whether by verbal means, in writing, or through making some form of payment, they hereafter agree to be bound by that order. Should the Buyer wish to cancel an order, a cancellation fee will generally ensue.
As a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by email to [email protected] within 7 working days of receiving the Goods.
Goods must be returned to the Buyer within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (not including delivery charges). If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
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. Refunds will not be given purely due to Goods arriving later than expected, as they are manufactured individually for each Buyer. Any or partial refund will be at the discretion of the Seller.
All Goods that are purchased from the Seller will be covered by an initial 90 day UK on-site warranty in the unlikely event that something should go wrong, followed by an ensuing 9 month back-to-base hardware parts and labour warranty, whereby the Buyer is responsible for the cost and organisation of the safe return and collection of the cabinet (or pay a callout charge whichever is more cost effective to the Buyer).
Initial 90 day on-site warranty covers most areas of the UK although excludes Scottish Highlands; all of Ireland and furthest points of UK such as Cornwall, etc. Any cabinet residing in an area not covered by the on-site warranty or shipped/taken overseas will instead be given an extended 18 month parts and labour whereby the Buyer is responsible for the cost and organisation of the safe return and collection of the cabinet (or pay a callout charge whichever is more cost effective to the Buyer).
We also offer unlimited telephone and remote access support for the whole life of the product.
Onsite Service upgrades may be available, prices vary as to product and client location, please ask for further information. All items purchased by us as second user (such as original arcade PCB boards, CRT screens, original cabinet parts, etc) for use within any machine are not covered under warranty unless agreed at the point of sale. Any repair, service, or modification carried out on any machine by the client, or any unauthorised third party during the warranty period may lead to the warranty being invalidated. The Seller will not accept any liability for damage to the machine as a result of misuse.
All payments received are for parts and labour solely. Games or access to games are provided at no cost. No unlicensed games/ROMs will be supplied with any machine. Page Global Ltd in no way condones any form of copyright infringement.
All requests to show or use the Sellers products at any public event must be agreed to in writing by the Seller prior to the event taking place.
Photography and filming of the Sellers products is permitted for private use. Any photography or filming intended for the public domain must be agreed to in writing by the Seller prior to publication.
All public broadcasts or live streams featuring the Sellers products must be agreed to in writing by the Seller prior to commencement. The ownership of a product made by the Seller does not constitute a waiver of any of the above terms.
RIGHTS OF SELLER:
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.
The Seller reserves the right to withdraw any Goods from the Website at any time.
The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
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.
LIMITATION OF LIABILITY:
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.
In no event shall the Seller or its employees, agents or licensors be liable for any incidental, consequential, punitive or multiple damages of any kind. We hold no responsibility if you misuse any ROM files, the software or you burn, mutilate, electrocute, lose, or destroy your body, your house or any other items of any worldly importance whilst using one of our products.
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.
CHANGES TO TERMS AND CONDITIONS:
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.
GOVERNING LAW AND JURISDICTION:
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Terms & Conditions of Use
ACCEPTANCE OF TERMS:
Your access to and use of www.bespoke-arcades.co.uk (“Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions, you must immediately stop using this Website.
CHANGES TO WEBSITE:
Page Global Ltd reserves the right to:
Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Page Global Ltd shall not be liable to you for any such change or removal; and
Change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
LINKS TO THIRD PARTY WEBSITES:
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Page Global Ltd or property of their respective owners and used by Page Global Ltd as permitted by law.
In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
DISCLAIMERS AND LIMITATION OF LIABILITY:
To the extent permitted by law, Page Global Ltd will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
Page Global Ltd makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
You agree to indemnify and hold Page Global Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Bespoke Arcades Limited arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.