Returns and refunds
Right for you to cancel your contract or return a boxed game (hereafter referred to as '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.
- 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.
Right for you to cancel your contract or return a downloadable/printed game (hereafter known as "the digital goods")
- You may cancel your contract with us for the digital goods you order at any time before the digital goods have begun be-ing downloaded from our website. 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.
- You do not have the right to cancel your contract with us for the digital goods you order after the digital goods have been downloaded or partially downloaded from our website. If the goods prove to be faulty after downloading we will either replace them with a non faulty version or refund to you the amount paid by you for the digital goods in question in whatever way we choose. In addition and without any contractual obligation on our part, if the digital goods are not to your satisfaction we will sympathetically consider replacing them or making a refund provided (with time being of the essence) that you contact us within 5 days of the relevant download being completed.
- Once you have notified us that you are cancelling your contract in accordance with these conditions before the digital goods have been downloaded or partially downloaded from our website any sum paid to us for the goods 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.
Delivery Terms and refunds
Products are delivered to the address specified by the customer on the purchase order and only to geographic zones that we service. All products leave our premises in perfect condition. The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary. A new, identical product will then be sent to the customer at no additional charge. No exchanges can be made at a later time for goods claiming to be damaged during carriage without notification at the time of reception. As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package.
If the package is not found, the carrier will reimburse WhoDunnit Dinners, who will deliver a new, identical package to the customer free of charge. We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes. Loss or Damage in Transit THE MERCHANT will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to THE MERCHANT and the carrier within three (3) business days of delivery. In the event of damage of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered, the customer must hold the goods and make them available for inspection or collection by THE MERCHANT or its representatives on request.
The customer must inform THE MERCHANT immediately (the same day or, at the latest, the first business day following delivery) concerning any claim of delivery error or non-conformity of goods, in kind or in quality, compared with the information on the purchase order.
Any claim made after this time period will be rejected.
All claims must be made in writing and sent to THE MERCHANT ADDRESS.
Any claim that does not respect the rules defined above cannot be taken into account and releases THE MERCHANT of any responsibility to the customer.
In the case of delivery error or exchange, all goods to be exchanged or refunded must be returned to THE MERCHANT in whole, in its original packaging and in perfect condition to THE MERCHANT ADDRESS.
For claims to be accepted, the customer must first make a declaration to THE MERCHANT concerning any returns and receive and THE MERCHANT's consent. If accepted, the customer will ship the package to THE MERCHANT ADDRESS.
Shipping fees shall be at THE MERCHANT's expense, except in the case where the goods do not correspond to the original declaration made by the customer concerning the return.
In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of seven (7) business days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason. All returns can be indicated beforehand with THE MERCHANT customer service department. All goods must be returned to THE MERCHANT ADDRESS.
The cooling off period and right to cancel do not apply to contracts, orders for any goods made to your specification, any downloaded goods or unsealed goods including but not limited to (DVD, CD, Tapes, Software, Video and audio).
Only complete and unused goods in perfect condition for resale will be accepted. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund or exchange of goods. If an exchange is requested, all shipping expenses shall be the responsibility of the customer.
If the right to withdrawal is exercised, THE MERCHANT will make every effort to refund the customer within 30 days.
The use of any trademarks, logos or brands present on the site is strictly forbidden.Force Majeure
Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.
In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.
Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.
These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.Non-Waiver
No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.In case of dispute or claim, the customer agrees to seek an amicable solution with WhoDunnit Dinners before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the English courts.