Help and support
Here is Hotkey’s help and support page, if your question isn’t answered below or want more information, contact us at support@hotkeygaming.com
AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HOTKEY LTD. (DBA GAMERGIFTSTORE.COM)
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
- Overview
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Hotkey’s Affiliate Program. The purpose of this Agreement is to allow sales of products linking between your web site and the Gamergiftstore.com web site. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Hotkey LTD, and “you,” “your,” and “yours” refer to the affiliate.
2. Affiliate Obligations
2.1. To begin the enrolment process, you will complete and submit the online application at the https://goo.gl/forms/q7D10Mxa2vAqRRi13. We may reject your application at our sole discretion. We may cancel your application if we determine that you or your site is unsuitable for our Affiliate Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes “Gamergiftstore” or variations or misspellings thereof in its domain name
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Gamergiftstore.com or any other affiliated business.
2.2. As a member of Hotkey’s Affiliate Program, you will have access to Affiliate Account Manager. Here you will be able to review our Program’s details and previously-published affiliate newsletters, download HTML code (that provides for links to web pages within the gamergiftstore.com web site) and banner creatives, browse and get tracking codes for our coupons and deals. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.
2.3. Gamergiftstore.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and the updating of your site or area you wish to promote our products will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
3. Gamergiftstore.com Rights and Obligations
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Hotkey’s Affiliate Program.
3.2. Gamergiftstore.com reserves the right to terminate this Agreement and your participation in the Hotkey’s Affiliate Program immediately and without notice to you should you commit fraud in your use of the Hotkey’s Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Gamergiftstore.com shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.
4. Termination
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
5. Modification
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Hotkey’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Hotkey’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6. Payment
6.1 Gamergiftstore.com uses a third party to handle all Payments, this will be done via Stripe or Paypal.
6.2 We do our payment on a 2-week cycle, the fixed dates are 14th and the 28th.Your sales between 28th till the 13th will be paid on the 28th of each calendar month and your sales between the 14th to the 27th will be paid on the 14th of each calendar month.
6.3 If our customers cancel or return their products within their return period of receiving the sale, all commissions paid or due to be paid will be reversed to avoid any product fraudulent actives.
7. Access to Affiliate Account Interface
We will create a password so that you may enter our secure affiliate account interface. From their site you will be able to receive your reports that will describe our calculation of the commissions due to you.
8. Promotion Restrictions
8.1. You are free to promote your own web sites, but naturally any promotion that mentions Gamergiftstore.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Hokteygaming.com. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Gamergiftstore.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Gamergiftstore.com so long as the news group specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Gamergiftstore.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Gamergiftstore.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as gamergiftstore.com, Hotkey Gaming, www.Gamergiftstore.com, www.Gamergiftstore.com.com, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Hotkeys’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior.
8.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Hotkey’s service).
8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Hotkey’s site (i.e., no page from our site or any gamergiftstore.com’s content or branding is visible on the end-user’s screen). As used herein a. “Parasiteware” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Hotkey’s site in IFrames, hidden links and automatic pop ups that open gamergiftstore.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Hotkey’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Gamergiftstore.com and the good will associated therewith will inure to the sole benefit of gamergiftstore.com.
9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
10. Disclaimer
GAMERGIFTSTORE.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING GAMERGIFTSTORE.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF GAMERGIFTSTORE.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL GAMERGIFTSTORE.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
13. Indemnification
You hereby agree to indemnify and hold harmless Gamergiftstore.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
14. Confidentiality
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
15. Miscellaneous
15.1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Gamergiftstore.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
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CANCELATION & QUERIES
You can contact our customer care team by emailing support@gamergiftstore.com, we will write back to you within 24hours alternatively please complete below form and we will get back to you.
RETURNS
To arrange for a return please contact returns@gamergiftstore.com, please quote your email address / order number in the subject box.
COMPLAINTS
If you find our service or products unsatisfactory please contact our team immediately so we can try our best to rectify the problem by emailing complaints@gamergiftstore.com
DELIVERY COST & TIMES
Below show the transit times and cost for orders ready for dispatch,
All products are made and printed on request to assure our quality standards are high, this process will take between 1-3 working days, however our cards are usually posted within 1 working day.
On the rare occasion this may be longer as we evaluate the products to make sure they pass our quality control check to make sure our printing and clothing are top quality.
shipping is free for orders over £100
.
Please note all our products are made to order.
Standard shipping (Royal Mail)
Often orders shipped with Royal Mail’s 1st Class service arrive the next working day but can take up to 3 working days to arrive (in the UK).
Everything else:
UK – 1 to 3 working days (£3.99)
EU – 3 to 5 working days (£3.99)
Everywhere else – 7 to 10 working days (£3.99)
Cards Delivery Estimates:
UK – 1 to 2 working days (£0.99)
Everywhere else – 3 to 7 working days (£0.99)
RETURNS
If You Change Your Mind
You can cancel by letting Us know by e-mail to returns@gamergiftstore.com; or over the phone. You should keep evidence of having given notice of cancellation, such as an e-mail receipt or fax confirmation report.
You must return the Goods to Us (at your own risk and cost) within 14 days of purchase by notifying Us that You wish to cancel by returning them to 3 Lynbourne Court, London Road, Benfleet, United Kingdom, SS7 5UG We will not be responsible for any costs associated with returning the Goods to Us.
The Goods must be returned unused with the original packaging.
If the nature of the Goods means that You cannot return them by post, You will be responsible for the cost of couriering the Goods to Us; if you contact Customer Services we will try to provide You with an estimate of the courier cost.
We will ordinarily refund the full purchase price together with the standard delivery charge paid within 14 days of receiving the returned Goods or proof of postage of the same. If You chose to pay extra for express delivery, We will only refund the cost of standard delivery. Please note though that if You want to return only some items but keep the rest of Your Order, You may not be entitled to a refund of the delivery charge.
You must take care of the products before You return them to Us. We may reduce the amount We refund to You if You use them, damage them or otherwise do something beyond what is reasonably necessary to examine them that reduces their resale value.
You do not have the legal right to cancel any Goods which have been personalized to your requirements (for example gaming shirts featuring Your name or team name).
If you simply want to exchange the Goods You have ordered, you can do so within 28 (twenty-eight) days of the day after You receive the Goods.
If Things Go Wrong
We warrant that the Goods which we supply are of satisfactory quality and are fit for the purpose for which Goods of that nature are commonly supplied.
If You return Goods to Us for a reason other than if You change Your mind, We will inspect the Goods and either replace them or refund the full purchase price for Goods if we accept that there is a manufacturing defect or other fault in the Goods. This is subject to You returning the Goods to Us within a reasonable period.
We will replace the Goods or refund You provided that the defect or fault is not caused by usual wear and tear, damage caused deliberately or accidentally, your negligence or if You fail to follow product instructions or if the Goods have been misused, altered or repaired without Our approval. Any refund will also include any delivery charges which You have paid and Your cost of returning the Goods to Us. If We do not find any fault or defect, then Your cancellation and refund rights are limited to those set out in our terms and conditions
If You believe that Goods have a defect, then You should not make any further use of them before returning them to Us. Nothing in these our terms shall affect Your statutory rights. These are Your rights granted by law and which cannot be changed by Us.
Whenever You return Goods to Us either because You believe they are faulty, We ask that Goods are returned to Us, either by recorded delivery or courier so that You have proof of posting. We will not be responsible for Goods which are lost or damaged in the post.
Please see our terms & Conditions for further details.
ABOUT US
For the purposes of the information which you provide to us, acts as the data controller. This means that we us “Hotkey LTD” are responsible for what happens to the information that you give to us. We will at all times comply with the Data Protection Act 1998 and make sure that we keep your data secure and steps are taken to prevent any unauthorised access to your information. From time to time, we will share the information which you provide to us.
What data do we collect?
We collect all of the information which you submit to us. For example, when you sign up to receive our newsletter or when you communicate with us in any way (for example, email, Facebook, Twitter). This information will include any passwords, usernames, contact details, account details, preferences, interests and details of any complaints you may have made. We will also collect information when you buy from us on our website This will include the time and date of your purchase, the goods you purchased and details of any relevant payment card you used.
From time to time we may access publically available information about you on the internet to assist in fraud prevention, for identity verification (such as to confirm we have the correct address details for you) and for marketing purposes, as set out in more detail below.
We also look at your activity on our website, for example what device you’re using and what products you’re looking at. Much of this information is collected by cookies. For full details, have a look at our cookie policy.
What do we do with your data?
We use your data to fulfil any orders you place with us. We also share your data with third party service providers who help us to do this and to generally operate our business effectively.
We also use your data for marketing purposes which may mean that you will receive marketing communications from us, or carefully selected third parties. However if you do receive marketing communications from other companies, we will endeavour to ensure that the company in question and its products will be as relevant to you as possible.
We may, from time to time, use your personal information to administer a prize draw or competition but this will only happen if you have chosen to enter.
As part of our marketing programme, we may pool and share aggregated data with third parties. We then use this data to produce statistics about our customers. This helps us to select and tailor products, services or special discounts to you and to inform you about those which we think you will be interested to hear about.
How do I manage my data?
We always give you the choice of whether or not you wish to receive marketing communications from us.
By contacting us you can tell us that you do not wish to receive marketing communications from us and we will update our records. You can also click on the unsubscribe link in any promotional emails.
If at any time you want to talk to us about your data, for example if you spot a mistake, or if you want to change how we market to you, please also contact us.
KLARNA
In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain aspects of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you. General information on Klarna you can find here . Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement .
How long will my order take to arrive?
Standard home deliveries are usually made within 3 – 5 days of your order being placed.
How long will it take to get my refund?
It can take between 3-5 working days for your refund to be returned to your account. If you haven’t received your refund after this time, then please contact our Customer Service team who will be happy to look in to this.
What do I do if my item arrives faulty or damaged?
If an item arrives damaged or faulty then please contact our Customer Service team who will arrange and discuss your return options. We will then send the item to our inspection team who will assess whether a manufacturing fault is present, then depending on the results offer a refund or exchange.
How long will my international order take to be delivered?
International Standard delivery times vary depending on the destination and service selected at checkout. Depending on the location of your delivery, we do aim to deliver your order between 5 and 14 working days.
Methods of payments?
We accept stripe, paypal and apple pay, you can save these on your account for your next order.
Is my payment secure?
Payments through our website are encrypted with the latest security technology, you can verify this by checking the padlock shown on the url of this site, all our payment gateways are encrypted with a secure connection.
Terms & Conditions
Terms and Conditions: Sale of Goods – Online and by Telephone
www.gamergiftstore.com
IMPORTANT: PLEASE READ
WE DRAW YOUR ATTENTION TO THESE TERMS AND CONDITIONS WHICH APPLY WHENEVER YOU BUY GOODS FROM US ONLINE OR OVER THE TELEPHONE. PLEASE READ THEM VERY CAREFULLY BEFORE YOU PROCEED TO MAKE YOUR PURCHASE BECAUSE THEY EXPLAIN IMPORTANT INFORMATION ABOUT THE BASIS ON WHICH WE WILL SELL GOODS TO YOU.
BY PLACING AN ORDER YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
YOU SHOULD PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
In these Terms:
“Website” means Our website at www.gamergiftstore.com.
“Goods” means the goods which We will supply to You in accordance with these Terms and Conditions.
“Order” means an order which You place with Us detailing the Goods You wish to buy from Us.
“We/Us/Our” means Hotkey LTD (company number 10766345) of 3 Lynbourne Court, London Road, Benfleet, United Kingdom, SS7 5UG .
“You/Your” means you, the person using Our Website and/or buying Goods from Us.
1. HOW THESE TERMS AND CONDITIONS APPLY
1.1 The Terms in Section A explain how Our Website must be used. They apply to ALL users of the Website. Section B also applies when You buy Goods using the Website or over the telephone. We may amend the Terms from time to time and you are advised to check them regularly for any changes which We make.
1.2 When You use the Website, We may gather information about You and Your visit to the Website. Information about this can be found in our Privacy Policy which forms part of these Terms. The Privacy Policy and these Terms together govern Our relationship with You and form the contract between us (“Contract”).
Section A: Terms of Website Use
2. ABOUT THIS WEBSITE
2.1 This Website is aimed at people who are consumers. The information on this Website is in English, all communications shall be in English and the Website is designed to comply with English law. You may be viewing the Website in a market in which we do not commonly sell our goods and We cannot be held responsible for non-compliance with any local advertising or other laws in relation to this Website or its contents. We may restrict access to some parts of the Website to users who have registered with Us.
2.2 This Website is operated by Hotkey LTD, a company registered in England and Wales with Company Number 10766345. Our registered office is 3 Lynbourne Court, London Road, Benfleet, United Kingdom, SS7 5UG.
3. OUR RIGHTS IN THE WEBSITE
The copyright and other ownership rights (known as “Intellectual Property Rights”) in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Us or Our licensors. You must not yourself or allow anyone else to publish, copy, distribute or modify any of the content of this Website. Anyone may view this Website and print pages from it for personal use only, for browsing Our products and placing an Order with Us. Any other use is strictly prohibited without Our prior written consent. You must not make any copy of any material from the Website for any business related use whatsoever.
You must not in any way copy, reproduce or use any trademarks, logos or brand names which appear on the Website. Linking to Our Website on other websites is at Our discretion and We may require that You stop providing links to Our Website at any time.
We may use any information which you upload to Our Website as We decide and We may also disclose that information to a third party.
- WEBSITE CONTENT
We have taken great care in compiling this Website but neither We nor Our directors, employees or other representatives or any other companies within Our group of companies will be responsible for any damages, losses or costs however they arise as a result of Your use of or reliance on the Website. Although We aim to provide information which is accurate and up to date, We do not guarantee to do so. You are responsible for making sure that Your reliance on this Website is suitable for Your own purposes and the information which We provide is not intended to be advice which You should rely on. The information contained on this Website is provided on an “AS IS” basis and We exclude all warranties and representations of any kind with respect to this Website and its contents to the fullest extent which the law allows.
We may change, remove or in any other way adapt the content of Our Website at any time and without advance notice.
We may provide links to other websites. If we do this, those links are provided for Your convenience only and We cannot be responsible for the content or availability of those websites or Your use of them.
We do not guarantee that this Website will always be available or be free from error, virus or similar.
We are under a legal duty to supply goods that are in conformity with the contract and we aim to ensure that the product images on Our Website are as accurate as possible but there may be slight colour variations between the Goods and the images shown online.
5. HOW YOU MUST USE THIS WEBSITE
Submissions or comments which are in any way defamatory, abusive, obscene, unlawful, sexist, racist or which may in any way cause offence to any person are strictly prohibited. You must not use any abusive language, be aggressive, swear, threaten, harass or abuse any other person including but not limited to other users of this Website.
All information which You submit should be accurate, truthful and should not be copied.
You must use Your own identity at all times when using the Website and should ensure that all information which You provide is accurate and up to date to the best of Your knowledge. You must not use information about any other person except if You have their permission to do so.
You must not corrupt the Website, flood it with information causing it to malfunction or use any features which may affect the Website such as any worms, viruses or similar harmful elements. The use of spam (that is, multiple, unsolicited or undesired bulk e-mails) is also forbidden.
We will not be liable for any loss or damage which You suffer as a result of any harmful material infecting Your computer, data or other material due to Your use of Our Website.
If You have a password as part of Our security procedures, You must treat that information as confidential and must not disclose it to anyone.
We may refuse access to this Website to anyone who does not comply with these Terms.
Section B: Terms of Sale
6. OUR AGREEMENT FOR THE SALE OF GOODS AND THE ORDERING PROCESS
6.1 The Website displays Goods which are advertised for sale and gives information about them. By advertising Goods on the Website, We are inviting You to place an Order with Us. If You place an Order, We are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order. Neither submitting an electronic order form, nor completing the checkout process constitutes Our acceptance of Your Order. Our acceptance of Your Order and the completion of the Contract between You and Us will take place upon despatch to you of the Goods. You may include any number of items within a single Order, subject to any restrictions set out in these Terms or on the Website and each Order which You place will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person.
6.2 Any variation of the Contract must be expressly agreed between You and Us.
6.3 The following paragraphs explain the process which You will need to go through to place an Order and how the Contract for the sale of Goods between us will be formed. This section also explains important information about payment and delivery.
Step 1 – Choosing your Goods
You can select a product for purchase by clicking on the item which You are interested in and then clicking on “Add to Basket”.
Step 2 -Reviewing Your Basket
You can review the products which You have added to Your basket. You can change the contents of Your basket by amending the quantity of Goods You want to order (which may be subject to a maximum number of items, per size from time to time), removing any unwanted items by clicking ‘Remove’ and viewing the basket total value. You can also enter any promotional code which You may have. Entering a valid promotional code and clicking ‘Redeem’ will update the basket total. You can then continue shopping and adding to Your basket if You wish or if You don’t want to buy anything else, go straight to the next step.
Step 3 – Going to Checkout
Once You have finished shopping, You can proceed to Checkout by clicking on “Continue” or by hovering over the basket icon in the top right hand corner of the page and then clicking “Checkout”.
Step 4 – Customer registration
You will then be asked whether You are a guest or an existing customer. To register as a guest customer You will be asked to provide Your e-mail address. We will then store that information for the purposes of processing Your Order but it will not be recognised next time You visit the Website. Existing customers will be asked for a password and e-mail address to login, each time an Order is placed. Alternatively, you have the option to pay with PayPal at this stage by clicking on the PayPal link.
Step 5 – Completing Your Address and Delivery Details
If You are a guest Customer, You will be asked to enter Your delivery address or a town or postcode. If You are an existing Customer, You will be shown a list of any delivery addresses You have previously entered. You will have the option of selecting the same address for Your billing address. Alternatively, on the next screen, You can enter a different billing address. You must provide us with the correct address details. We will not be liable for any delay to or failure of delivery as a result of Your failure to provide accurate address details.
Step 6 – Your Order Summary and Payment Information
You will then need to choose Your payment method and enter Your payment details. Please check this information very carefully. You will then be given the option to save such details for Your next visit. If You are an existing customer and you have previously saved Your payment details, they will appear here. Your Order summary page will then appear in the right hand corner. This includes details of the Goods in Your Order. You should check the details at this stage very carefully as this is the final stage in the Order process at which You can correct any mistakes or change the Goods which You want to Order. You can do this by returning to the home page and completing the process set out above again. If You are happy with Your Order, click “Place Order”.
Step 7 – Placing Your Order
By clicking on “Place Order”, You are confirming that You have read, understood and accepted these Terms. At this point Your Order will be submitted to Us.
Step 8 – Order Acknowledgement
Once We have received confirmation that Your payment has been authorised, a screen will appear, thanking You for Your Order. You will be given an Order reference and an e-mail will be sent to You to acknowledge Your Order. It will confirm the Goods, price and any delivery charge. Print a copy of the Order acknowledgment and e-mail and keep them for Your records. Please note, Our acceptance of Your Order (regardless of the content of any emails we send you) will only take place on despatch of Your Order.
6.4 We may refuse Your Order or cancel Your Order if we decide it is reasonable to do so which may include circumstances where:
6.4.1 We are unable to obtain authorised payment or the payment process is incomplete; or
6.4.2 We identify a product or pricing error on the Website; or
6.4.3 You fail to meet any criteria for eligibility of purchase which We may impose from time to time; or
6.4.4 We suspect that Your Order is related to fraudulent activity; or
6.4.5 You fail to submit all necessary and relevant details to allow Us to fulfil the Order; or
6.4.6 Goods are unavailable or out of stock.
6.5 We may contact You by telephone or email to verify details before We are able to process and despatch Your Order or We may be unable to accept it. For example, We may do this if Your Order is of particularly high value.
6.6 The Goods shown for sale on this Website are intended for private, consumer use and You must not resell Goods or offer them as a commercial enterprise. We reserve the right to limit the total value of Goods which can be included in an Order. If the total value of Goods in Your bag exceeds the limit which We may choose from time to time, then We will contact You.
7. TELEPHONE ORDERS
7.1 You may also place an Order over the telephone7.3 Calls are charged at no more than the standard rate.
7.2 If you place an Order, We are not obliged to accept that Order and the Contract between Us will only be formed if and when We accept Your Order. Placing Your Order over the telephone does not constitute Our acceptance of Your Order. Our acceptance of Your Order and the completion of the Contract between You and Us will take place upon despatch of the Goods. You may include any number of items within a single Order, subject to any restrictions set out in these Terms or specified over the telephone and each Order which You place will be a separate Contract between Us. We reserve the right to refuse to supply Goods to any person.
7.3 You will be asked to provide Your delivery address. You will also need to provide Your billing address. You must provide us with the correct address details. We will not be liable for any delay to or failure of delivery as a result of Your failure to provide accurate address details.
7.4 You will then need to choose Your payment method and provide Your payment details. Please be very careful to provide us with accurate information as We will not be liable for any loss or failure of delivery as a result of Your failure to provide the correct payment details.
7.5 We will ask You to confirm that You wish to place Your Order. You agree that by confirming You wish to proceed, you accept these Terms and acknowledge that You will be under an obligation to pay.
7.6 Once We have received confirmation that Your payment has been authorised, You will be given an Order reference and an e-mail (where You have provided an e-mail address) or letter will be sent to You to acknowledge Your Order. It will confirm the Goods, price and any delivery charge. You should keep this e-mail or letter for Your records. This correspondence does not constitute Our acceptance of the Order.
7.7 The provisions in paragraphs 6.2 and 6.4 also apply to telephone Orders.
8. PRICE AND PAYMENT
8.1 Prices and delivery charges are as published on the Website when We accept Your Order. Prices include VAT and are in pounds sterling. Delivery charges are shown separately. All applicable delivery charges are as stated on the Website or as specified over the telephone at the time You place Your Order. The delivery charge for the Order is shown on the shopping basket page below Your chosen items. This means that if You order more than one item, there is no delivery charge for the additional items.
8.2 We may amend prices at any time. Where there is a difference between a price at the time the Order is made and when we ship Your Order, We will inform You by email or telephone and ask You if You wish to proceed. If you decline and for any reason payment has already been taken, it will be re-credited to Your credit or debit account.
8.3 Offers and promotions on the Website are subject to availability and We may change or withdraw them at any time and without notice. Nothing shall oblige Us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.
8.4 We must receive payment for the Goods in full before they are despatched.
8.5 We accept payment via Paypal and most major credit and debit cards including Visa, Mastercard, Maestro and American Express. You must only use a card if You are the named cardholder. By placing an Order, You confirm that You are the authorised cardholder. All credit and charge card holders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, We will not accept Your Order and will not be liable for any delay or non-delivery.
8.6 Your card provider may charge You for using You card. Please check the terms and conditions with Your card provider carefully and in advance of submitting Your payment details.
8.7 If We do not have sufficient stock of Goods, We will notify You by e-mail or telephone and Your credit or debit card transaction will be cancelled or refunded. We will do this as soon as possible and by no later than 30 (thirty) days from the date of Your Order. We will not be responsible for any compensation if Goods which You order are not available for any reason.
8.8 We will validate the names, addresses and other details supplied by You against commercially available records (including Electoral Roll data and credit reference services). We may also use third parties to do this. Information which You provide to Us may be disclosed to a registered credit reference agency which may keep a record of the information. By ordering from Us You agree to such checks. Please refer also to Our Privacy Policy. These measures are taken to protect You, to ensure Your shopping experience with Us is as secure as possible.
9. RETURNS
If You Change Your Mind
9.2 You can cancel by sending Us the cancellation form provided or by letting Us know in any other way by post to 3 Lynbourne Court, London Road, Benfleet, United Kingdom, SS7 5UG ; by e-mail to returns@gamergiftstore.com; or over the phone. You should keep evidence of having given notice of cancellation, such as an e-mail receipt or fax confirmation report.
9.3 You must return the Goods to Us (at your own risk and cost) within 14 days of purchase by notifying Us that You wish to cancel by returning them to 3 Lynbourne Court, London Road, Benfleet, United Kingdom, SS7 5UG We will not be responsible for any costs associated with returning the Goods to Us.
9.4 The Goods must be returned unused with the original packaging.
9.5 If the nature of the Goods means that You cannot return them by post, You will be responsible for the cost of couriering the Goods to Us; if you contact Customer Services we will try to provide You with an estimate of the courier cost.
9.6 We will ordinarily refund the full purchase price together with the standard delivery charge paid within 14 days of receiving the returned Goods or proof of postage of the same. If You chose to pay extra for express delivery, We will only refund the cost of standard delivery. Please note though that if You want to return only some items but keep the rest of Your Order, You may not be entitled to a refund of the delivery charge.
9.7 You must take care of the products before You return them to Us. We may reduce the amount We refund to You if You use them, damage them or otherwise do something beyond what is reasonably necessary to examine them that reduces their resale value.
9.8 You do not have the legal right to cancel any Goods which have been personalised to your requirements (for example gaming shirts featuring Your name or team name).
9.9 If you simply want to exchange the Goods You have ordered, you can do so within 28 (twenty-eight) days of the day after You receive the Goods.
If Things Go Wrong
9.10 We warrant that the Goods which we supply are of satisfactory quality and are fit for the purpose for which Goods of that nature are commonly supplied.
9.11 If You return Goods to Us for a reason other than if You change Your mind, We will inspect the Goods and either replace them or refund the full purchase price for Goods if we accept that there is a manufacturing defect or other fault in the Goods. This is subject to You returning the Goods to Us within a reasonable period.
9.12 We will replace the Goods or refund You provided that the defect or fault is not caused by usual wear and tear, damage caused deliberately or accidentally, Your negligence or if You fail to follow product instructions or if the Goods have been misused, altered or repaired without Our approval. Any refund will also include any delivery charges which You have paid and Your cost of returning the Goods to Us. If We do not find any fault or defect then Your cancellation and refund rights are limited to those set out in Clauses 9.1 to 9.9 above although this does not affect your statutory rights. Subject to Clause 10 below, the remedy in this Clause 9.12 represents our entire liability to You for any claim in respect of the Goods which the law provides, in so far as We are permitted to limit Our liability to You.
9.13 If You believe that Goods have a defect then You should not make any further use of them before returning them to Us. Nothing in these Terms shall affect Your statutory rights. These are Your rights granted by law and which cannot be changed by Us.
9.14 If You wish to return Goods in accordance with Clause 8.12 You may either:
9.14.1 return the Goods to Us in an unused, reasonable condition to the returns address in Clause 9.3; O9.15 We will aim to process Your refund or replace the Goods as soon as possible but will do so within 30 (thirty) days of You returning the Goods to Us. Any refund or replacement due may be made at that time except that any delivery charge refunds which are due will be processed separately. We reserve the right to send any Goods which You claim are faulty to Our inspections team.
9.16 Whenever You return Goods to Us either because You believe they are faulty, We ask that Goods are returned to Us, either by recorded delivery or courier so that You have proof of posting. We will not be responsible for Goods which are lost or damaged in the post.
10. OUR LIABILITY
10.1 NOTHING IN THE CONTRACT OR ELSEWHERE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FRAUD OR LIABILITY WHICH WE ARE RESPONSIBLE FOR IN RELATION TO CONSUMER PROTECTION RIGHTS OR FOR ANY OTHER MATTERS WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.
10.2 TO THE EXTENT THAT WE ARE LIABLE TO YOU IN RESPECT OF BREACH OF CONTRACT, FOR NEGLIGENCE OR FOR ANY OTHER LIABILITY IN RELATION TO THE GOODS OR THIS CONTRACT OR OTHERWISE, OUR TOTAL LIABILITY TO YOU WILL BE LIMITED TO THREE TIMES THE PRICE OF THE GOODS WHICH ARE THE SUBJECT OF THE LIABILITY, PAID BY YOU TO US.
10.3 Some of the items which We offer for sale are fashion items and may not be suitable for sports or other activities. You should therefore satisfy yourself that items are suitable for the type of sports activity that You wish to use them for.
11. DELIVERY
11.1 We aim to deliver the Goods within the indicative timescales shown on Our Website. References to “working day” shall mean any day of the week excluding Sundays and Bank Holidays. However, time is not of the essence for delivery or performance and all delivery dates specified on our Website and in any correspondence are estimates only. This means that We will not be responsible if Goods are delivered outside those times and We will not be liable for the consequences of any delay. If We are unable to deliver the Goods within the indicated timescale, We shall use reasonable efforts to tell You this by e-mail and give an amended delivery estimate.
11.2 If Goods are out of stock then We will let you know by e-mail.
11.3 If You Order more than one product, We do not guarantee that all Goods will be delivered to You in one delivery and We reserve the right to deliver in multiple consignments.
11.4 Ownership of the Goods will only pass to You upon delivery of the Goods. The Goods will be at Your risk from the time of delivery and You should therefore take reasonable care of them.
11.5 If the Goods or quantity which You receive are not as You ordered due to Our error then You should inform Us by telephone, email or letter using the contact details set out at Clause 9.3, as soon as possible after You receive the Goods and become aware of the error. We will make good any error. We will also reimburse to You any delivery costs which You incur in sending the incorrect Goods back to Us. However, we ask You to contact Us in advance to arrange Your return. Any Goods which You receive in error and intend to return should not be used by You.
11.5 Goods will be delivered to the address which You provide in the Order process however delivery practices may vary depending on which carrier is delivering the Goods. You must provide a valid address for delivery. The delivery method which We use may vary depending on the nature and number of the Goods. We shall select what We think is the most appropriate delivery method for the Goods.
11.6 We reserve the right to make alternative arrangements for delivery, which will depend upon the carrier We use to deliver the Goods. This may include leaving the Goods with a neighbour or in a safe place in or around Your property.
11.7 If the Goods are not delivered on the date expected you should notify us of such non-delivery within 30 days of such failure of delivery.
Delivery Restrictions
11.7 As a result of various international carrier restrictions, certain products We sell are not eligible for international delivery. This will either be detailed in the item product description, at the checkout stage when You add such items to Your basket or, in limited circumstances, We may have to cancel Your Order and issue You with a full refund.
12. OUR RIGHTS IN THE GOODS
All ownership rights known as intellectual property rights in the Goods including all designs, trade marks, brand names, images and logos are and shall remain Our property or those of Our licensors. At no time shall any rights, title or interest in the intellectual property rights pass to You.
13. GENERAL
13.1 We will not be in any way responsible to You for a failure to sell Goods which You wish to buy or otherwise for a failure to comply with Our obligations under the Contract or any costs or liabilities which You incur as a result of any circumstances beyond Our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.
13.2 The Contract between You and Us is binding. You may not transfer or assign Your rights or obligations to another person without Our express agreement. We may transfer or assign Our rights and obligations under the Contract or appoint third parties to assist Us in performing Our obligations at any time provided that this will not reduce Our obligations to You.
13.3 If any clause of this Contract is found in any way to be void by a Court or other competent authority then all other clauses of the Contract will continue to apply.
13.4 If either We or You do not at any time act on any rights which we have under this Contract then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has.
13.5 This Contract is subject to English law and both We and You agree that any dispute arising under or connected to it will be decided by the English courts.
13.6 We may amend these Terms at any time and without notice to You. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website. Where You have already placed an Order, the Contract will remain subject to the version of the Terms which were in place at the time at which You placed Your Order, subject to any changes expressly agreed between You and Us.
13.7 Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms will not change any rights which the law grants to You which that law does not allow Us to change or limit.
13.8 Any notice You send to Us will be deemed delivered as follows, depending on how You send it:
13.8.1 on the day on which it is left if You deliver the notice by hand; or
13.8.2 on the day on which it was posted if You post the notice as shown on proof of postage; or
13.8.3 on the day on which it is sent correctly if by fax or email;
and in each case it should be sent to the address set out at Clause 9.3
13.9 A person who is not party to this Contract shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of it which means that only We and You have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.
12.10 The Contract is the entire agreement and understanding between Us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the Contract neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the Contract or on the Website. If you are uncertain as to your rights under the Contract or you want any explanation about them please write to or email our customer services department, at the address set out above
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment methods. Payment is to be made to Klarna.
- Pay in [14] days: The payment period is 14 days from shipment of the goods or tickets/ availability date of the service. You can find the complete terms and conditions for the markets where this payment method is available here: United Kingdom , Germany , Sweden , Norway , Denmark , Finland , Austria , Switzerland and the Netherlands .
- Financing: With the financing service from Klarna you can pay your purchase in flexible or fixed monthly instalments according to the conditions stated in the checkout. The instalment payment is due at the end of each month after submission of a separate monthly invoice by Klarna. Further information regarding Slice It including terms and conditions and Standard European Consumer Credit Information you can find here for the markets where this payment method is available: Austria , the United Kingdom , Germany , Sweden , Norway , Denmark and Finland .
- Direct bank transfer: Available in Germany, Austria, Belgium, Italy, Spain, Poland and the Netherlands. Your account will be debited directly after placement of your order.
- Direct Debit: Your account will be debited after shipment of the goods or tickets/ availability date of the service or in case of a subscription in accordance with the timelines communicated. You will be notified about the date(s) by email.
- Card Payments: Available in Sweden, Germany and Austria. The amount will be reserved on your card and will be debited after shipment of the goods or tickets/ availability date of the service. In case of a subscription the amount will be debited in accordance with the timelines communicated.
The payment methods Pay in [14] days, Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com . Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.