GENERAL
1. All products on this site are used unless otherwise stated, and used products may have various states e.g. no instructions; no box; condition of inlay and/or disc. Once an item is purchased, you agree to the purchase of said item and the condition that you selected. Unless significantly different to the stated condition no refund will be offered as this item was purchased in error (see returns policy)
2. A 28 day guarantee is offered on all software and entertainment mediums from any reasonable defect that was apparent from initial inspection upon delivery. All unsealed items are checked by 2 members of staff to ensure that the item matches the listed description.
3. A 1 year guarantee is offered on all hardware (unless otherwise stated) and covers all manufacturing defects that may occur. Removal of any warranty sticker or operation of the product outside manufacturers guidelines, which include but are not limited to: unauthorized modification of the system via software or hardware in order to run counterfeit products or unlicensed material; any attempt to fix any problem either personally or by a professional organization without the express consent of Gamefocus.co.uk; any accidental damage that may occur to the product, these include but are not limited to, droppage; water damage; undue stress to any part of the system or screen; fire damage; force magure.
4. The owner of this web site is Game Focus whose address is
Game Focus
Ground Floor & Basement
39 Goodge Street
London
W1T 2PX
(‘Game Focus’/‘we’ /‘us’/‘our’). Registration number 04432892.
5. Your contract for purchases made through the Site is with Game Focus, and you undertake that any and all goods ordered by you are for your own private and domestic use only.
6. You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
7. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
8. No contract for the sale of any product will subsist between you and Gamefocus.co.uk until Gamefocus.co.uk dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by Gamefocus.co.uk of your offer to buy goods from Gamefocus.co.uk (whether or not you receive that e-mail).
9. You agree that e-mail can be used as a long-distance means of communication.
10. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
11. The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with paragraph 59 below from time to time.
12. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
13. Gamefocus.co.uk will not pass on your personal or credit or debit card details to any third party except where an additional security check may be deemed necessary. We shall be entitled to process your data in accordance with the terms of our Privacy Policy. Please view this document for further information.
14. You undertake that all details you provide to Gamefocus.co.uk for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
15. You must choose a username and password on completion of registration. You are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
16. If there are any changes to the details supplied by you it is your responsibility to inform Gamefocus.co.uk as soon as possible.
17. Gamefocus.co.uk reserves the right to make a 20% restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at its sole discretion. Gamefocus.co.uk also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.
18. Registered users are permitted to post reviews on products provided that they comply with our Customer Review Guidelines.
19. You acknowledge that any review, feedback or rating which you leave may be published and agree that it may be displayed for as long as we consider appropriate.
20. You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with any feedback, ratings or reviews posted by you on the website, including the violation of their privacy or intellectual property rights.
21. You grant Play.com and its affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you. We reserve the right to publish, edit or remove any reviews without notifying you.
Liability
22. This section applies only to the extent permitted by law. For the avoidance of doubt, Gamefocus.co.uk do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Gamefocus.co.uk negligence or willful default, or that of Gamefocus.co.uk employees, agents or subcontractors or (b) fraudulent misrepresentation.
23. Gamefocus.co.uk does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
24. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price; if the item(s) has been charged and not dispatched we will cancel and refund your order.
25. Play.com will do its best to correct errors and omissions as quickly as practicable after being notified of them.
26. TO THE FULLEST EXTENT PERMITTED BY LAW, GAMEFOCUS.CO.UK IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, GAMEFOCUS.CO.UK DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
27. You and Gamefocus.co.uk will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
28. The products sold on the Site are provided for private domestic and consumer use only. Accordingly, Gamefocus.co.uk do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from Gamefocus.co.uk.
Processing of orders
29. Credit and Debit cards are debited on the day of shipping by Gamefocus.co.uk. All prices include sales taxes (where applicable) unless otherwise stated, and shipping.
30. Every purchase you make shall be deemed performed in the United Kingdom. UK law shall govern every aspect of contractual agreement concerning purchases made from the Site.
33. Gamefocus.co.uk aims to arrange shipment of all ‘in stock’ items within 24 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. Gamefocus.co.uk is not able to supply dates our suppliers may get an item in stock.
Deilvery/Risk
34. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in installments. You may cancel your entire order with us if subsequent installments forming part of your order are not delivered by us.
35. If your delivery address is outside of the UK, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Gamefocus.co.uk advises each customer to contact their local customs office for further information.
36. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
37. For Christmas Deliveries, we recommend that you order by the 18th December. We will endeavor to dispatch all ‘in stock’ orders within 24 hours, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.
Other relevant information
50. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
51. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
52. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
53. You may not permit; create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.
54. In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
55. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Gamefocus.co.uk tracks the electronic ‘fingerprints’ of every order placed on Gamefocus.co.uk to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
56. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:
1. You fail to make any payment to us when due;
2. You breach the terms of this Agreement (repeatedly or otherwise);
3. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
4. We suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.
57. Gamefocus.co.uk may amend these Terms from time to time, and place the new version on the Site. When Gamefocus.co.uk do so, it will mention the fact on our home page (www.Gamefocus.co.uk). For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise; such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following Gamefocus.co.uk posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.
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