- 1. Definitions
- 1.1 "Business Customer" means a customer who is not a Consumer.
- 1.2 "Consumer" means an individual who is not acting for the purposes
of his or her business or profession.
- 1.3 "Club Amusements" means Club Amusements trading as Club Amusements
also referred to as "we" or "us" in these terms and conditions.
- 1.4 "Catalogue" means the catalogue of products and services offered by Club Amusements.
- 1.5 "Force Majeure" means any cause affecting the performance by Club Amusements
of its obligations arising from acts, events, omissions, happenings or non-happenings beyond
its reasonable control including (but not limited to) governmental regulations, fire, flood
or any disaster or industrial dispute affecting a third party.
- 1.6 "Normal Working Hours" means 10am to 4pm on a Working Week Day.
- 1.7 "Working days" means Monday to Friday, excluding Bank or other Public holidays.
- 1.8 Please note special terms apply to Consumers, which prevail over the other provisions
of these terms and conditions. Customers who are Consumers are referred to Clause 13.
- 2. Orders
- 2.1 All contracts of sale made by Club Amusements shall be deemed to incorporate these
terms and conditions, which shall prevail over any other terms from the party ("the Customer")
with whom Club Amusements is dealing. Cancellation of orders by Consumers will be accepted in
accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these
terms and conditions is intended to impinge upon a Consumer's statutory or contractual rights to
reject faulty goods.
- 2.2 All orders are subject to acceptance and to availability of the good ordered: Club
Amusements is entitled to refuse any order placed by you.
- 2.3 You undertake that:
a) all details you provide to us for the purpose of purchasing goods or services offered
on our web site are correct, and
b) the credit or debit card you use to make a purchase from us is your own card or your
company's card, that you are authorised to use it, and that there are sufficient funds or
credit facilities to cover the cost of any goods or services you order from us. We reserve
the right to obtain validation of your credit or debit card details before providing you with
any goods or services.
- 2.4 Please note, Club Amusements may record and/or monitor inbound and outbound calls
and electronic traffic for training purposes.
- 3. Prices
- 3.1 Goods and services, together with VAT, are invoiced at the price prevailing at time of order.
- 3.2 Club Amusements reserves the right to modify the prices from time to time.
- 4. Delivery, Title, and Risk
- 4.1 Club Amusements shall use reasonable endeavours to despatch goods by the date
agreed with the customer, but does not accept liability for failure to deliver within
the stated time where this is caused by circumstances beyond our reasonable control,
such as delays caused by delivery companies or manufacturer lead times. If a delay is
likely, we shall contact the customer and advise of the delay. A customer who is a
Consumer shall be entitled to cancel an order when advised of a delay if the revised
delivery date is not acceptable.
- 4.2 In the case of a Business Customer if Club Amusements is unable to deliver
the goods within 30 days of the agreed delivery date the Customer will as its sole
remedy, be entitled to cancel the order and require any monies paid to Club Amusements
in respect of that order to be refunded. In order to cancel, the Customer must send
written notice of cancellation to Club Amusements after the above date but before
delivery of the goods or notification from Club Amusements that the goods are ready
for delivery. The Clause does not apply to Consumers.
- 4.3 In the case of Business Customers, Club Amusements does not accept liability
for shortages or damage to deliveries unless the Customer notifies Club Amusements
of the shortage or damage in writing within 48 hours of receipt of the delivery.
Consumers should notify shortages or damage within a reasonable period of becoming aware.
- 4.4 Business Customers are required to be able to accept the goods when
they are ready for delivery within Normal Working Hours.
- 4.5 Delivery is deemed to take place when the goods are delivered to the
Customer's nominated address, whereupon the risks of loss, breakage and all damage
and all other risks shall pass to the Customer.
- 4.6 Title in the goods does not pass to the Customer until payment is received
in full by Club Amusements.
- 4.7 If the Customer cannot accept delivery, Club Amusements may at its option:
a) store and insure the goods at the Customer's expense and risk or
b) sell the goods at the best price reasonably obtainable and (after deducting reasonable
storage insurance and selling costs) pay to the Customer any excess over the
sale price or charge the Customer for any shortfall or
c) re-arrange delivery provided that Club Amusements may charge the Customer for
the additional delivery costs incurred.
- 4.8 The Customer may request a Proof of Delivery, provided that this request
is made in writing within 3 months of the date of delivery and Club Amusements
shall use reasonable endeavours to provide such proof. Thereafter, delivery shall
be deemed to have been successfully completed.
- 4.9 Upon delivery of the goods, the Customer will be asked to sign a Proof of
Delivery to acknowledge safe receipt. It is the responsibility of the Customer to
ensure that the number of packages delivered corresponds with the number stated on
the delivery note. Where a discrepancy offers or where there is evident damage to
the packaging, this should be noted on the Proof of Delivery. Club Amusements shall
not be liable for discrepancies or damage evident on delivery where the Customer
accepts delivery and signs the Proof of Delivery without amendment.
- 5. Payment
- 5.1 Payment is due on shipment unless a Customer has been approved for credit.
Club Amusements standard credit terms require payment within 30 days from the date
of the invoice, except in the case of transactions where different terms are agreed
in writing.
- 5.2 Payment may be made by cash, cheque 7 days prior to delivery, Solo, Visa
Debit, Visa Electron, Switch.
- 6. Product Specifications
- 6.1 Club Amusements makes every effort to supply the goods as advertised but
reserves the right to supply the goods subject to minor variations in actual
dimensions and specifications where these are changed by the manufacturer.
- 6.2 If Club Amusements cannot supply the goods ordered by the Customer,
Club Amusements reserves the right to offer goods of equal or superior quality
at no extra cost. In such a case, if the Customer does not wish to accept the
alternative goods offered, he or she may cancel the order and require the refund
of any money paid to Club in respect of that order, including carriage charges.
This shall be the sole remedy of the Customer in these circumstances.
- 6.3 Club Amusements has to adhere to the manufacturer's guidelines stipulating
that a given defect(s) that are deemed acceptable before an item is accepted for
replacement on grounds of fault.
- 7. Trade Names & Trade Marks
- 7.1 Trade names and marks (other than Club Amusements) are not always
indications of the actual manufacturer of a particular product and may
rather be indicative of general use systems and machines associated with
such products.
- 7.2 Club Amusements and the Business Customer/Consumer acknowledge the
intellectual property rights of suppliers and manufacturers of the products
appearing Club Amusements sales literature and on Club Amusements website.
- 8. Warranties & Returns
Please note that special terms apply to Consumers who wish to return goods,
which prevail over the provisions of this Clause 8. Customers who are Consumers
are referred to Clause 13.
- 8.1 Club Amusements is committed to providing our customers with the
highest quality products and service. However, on rare occasions, products
may be found to be faulty or defective. In such cases we offer the returns
facilities described below.
- 8.2 If you purchase goods in the course of your business, the following
provisions of this Clause shall apply. Other than the express provisions set
out in these terms and conditions, all other terms and the implied terms or
warranties relating to the supply of goods are excluded to the fullest extent
permitted by law. Goods are not tested or sold as being fit for any particular
application or for use under specific conditions, unless expressly agreed in
writing.
- 8.3 Subject to the right of Consumers to return goods for refund under
The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 12),
Club Amusements does not sell products on a trial basis. Customers are strongly
advised to check suitability and specifications (including dimensions)
of products before ordering.
- 8.4 In the event that Club Amusements at its discretion (unless the Consumer
Protection (Distance Selling) Regulations 2000 apply, see Clause 13), agrees to
accept the return for credit of unwanted products, the goods must be returned with
Club Amusements prior written agreement within 14 days of delivery. The goods must
be unopened and in perfect re-saleable condition. All goods returned in these
circumstances (except where the Consumer Protection (Distance Selling) Regulations
2000 apply, see Clause 13) will be subject to a 30% re-stocking fee of Club Amusements
sale price for the goods.
- 8.5 No contract shall be cancelled once accepted by Club Amusements nor
shall any Goods which are delivered in accordance with the contract be
returned without prior written approval of Club Amusements and on terms
to be determined at the absolute discretion of Club Amusements.
a) Club Amusements technical support staff or Customer Support staff, as
appropriate, will advise you of which method of delivery to use to return
the products. Depending on the nature of the product purchased, we will
either arrange a courier collection, or request that you return the product
directly to us. If the goods are found on inspection to be defective, the
cost of returning the item will be refunded to you. Authorised product
returns must be sent to: Club Amusements, 26 Ilfracombe Gardens, Whitley Bay,
Tyne &Wear, NE26 3SL.
b) A Goods Return Code must be obtained from Club Amusements for each and
every return so that we are able to administratively process your return,
otherwise we have no means of identifying the Goods being returned. This may
result in difficulties in returning monies. The Returns Code must be clearly
shown on each parcel returned, and must be in the original manufacturer's
packaging (which shall not be defaced) complete with accessories, manuals
and documentation Software packages must be returned unopened with the
software seals in tact. Except in the case of faulty goods, returned items
not complying with these requirements will be rejected.
c) Club Amusements cannot accept liability for packages damaged during transit.
It is the Customer's responsibility to wrap the product adequately to prevent damage
d) Proof of postage is not proof of delivery and you are therefore strongly
advised to send your package by recorded delivery, registered post or courier,
and to insure the goods for their full value.
e) On receipt of the returned product, if following the testing process, the
product is found to be in good working order without defect, we will return
the product to you, and the carriage costs of this return will be your responsibility.
Please note that if you have, in the meantime, required us to provide you with a
replacement product before completion of the testing process, you will have to pay
for this product also. This Clause does not apply to Consumers returning goods pursuant
to Clause 13.
- 9. Club Amusements liability
- 9.1 In its dealings with Business Customers, Club Amusements shall under no
circumstances be liable for any consequential or indirect damage or loss, however
caused, including (but not restricted to) loss of business or profits, loss
of goodwill, damage to trading relationships loss of data and other financial loss.
("Financial loss" in this sense does not refer to the price you have paid
for the goods, which we may be liable to refund to you, in whole or in par, if the
goods are faulty or do not comply with their description). Club Amusements liability
in respect of all other losses shall be limited to the invoiced amount of the
relevant order.
- 9.2 Nothing in this agreement shall limit Club Amusements liability for
death or personal injury caused by its negligence.
- 10.1 Club Amusements confirms that the goods it supplies as a distributor
do not present a hazard to health and safety
a) when properly used for the purpose for which they are designed: and
b) if the Customer takes reasonable and normal precautions in their use.
c) Handling clause
- 11. Force Majeure
- 11.1 Club Amusements shall not be liable to the Business Customer/Consumer or
be deemed to be in breach of the contract by reason of any delay in performing or
any failure to perform any of Club Amusements obligations in respect of the Goods,
if the delay or failure was due to any cause beyond Club Amusements reasonable
control. Without prejudice to the generality of the foregoing, the following shall
be regarded as causes beyond Club Amusements reasonable control:
a) act of God, explosion, flood, tempest, fire or accident;
b) war, threat of war, sabotage, insurrection, civil disturbance or requisition;
c) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind
on the part of any governmental, parliamentary or local authority;
d) import of export regulations or embargoes;
e) strikes, lock-outs or other industrial actions or trade disputes (whether involving
employees of Club Amusements or of a third party);
f) difficulty in obtaining materials, labour or machinery; and
g) power failure or breakdown in machinery.
- 11.2 If we are unable to provide you with your Goods within a reasonable
time due to circumstances outside our control, we shall either agree a new timescale
with you for the delivery of the Goods or either of us may decide to terminate
the contract in which case we will return any prepayments that you have made in full.
- 12. The Consumer Protection (Distance Selling) Regulations 2000
- 12.1 Contracts for the purchase of goods by a Customer not acting in the
course of a business and made over the telephone or through the Club Amusements
website, or by mail order, are, with the exception of certain excepted contracts,
subject to The Consumer Protection (Distance Selling) Regulations 2000 ('the Regulations').
- 12.2 If the Regulations apply, Customers may cancel goods purchased from Club
Amusements by sending a written notice of cancellation by post or hand delivery
addressed to Customer Services at Club Amusements, 26 Ilfracombe Gardens, Whitley
Bay, Tyne & Wear, NE26 3SL, or by e-mail to
sales@clubamusements.co.uk
- 12.3 The notice of cancellation must be delivered within 7 working days
of the day after date of delivery of the goods.
- 12.4 The Customer will be responsible for the cost of returning the goods
if he or she exercises this right of cancellation under the Regulations. If
the Customer does not actually return the goods to Club Amusements, the Customer
is under a duty to make the goods available for collection at the Customer's expense
from the address to which they were delivered.
- 12.5 The Customer is under a duty to retain possession of the goods whilst
awaiting return to Club Amusements and to take reasonable care of them during
this period. The Customer will be liable for any loss of or damage to the goods
if he or she fails to comply with this obligation.
- 12.6 The right to cancel does not apply to personalised goods or goods made
to a consumer's specification
- 13. Errors & Omissions
- 13.1 Club Amusements makes every effort to ensure that all prices and
descriptions quoted in its catalogue and on its website are correct and accurate.
However the frenetic tempo of e-commerce makes it inevitable that mistakes will
occasionally occur. In the case of a manifest error or omission, Club Amusements
will be entitled to rescind the contract, notwithstanding that it has already
accepted the Customer's order and/or received payment from the Customer. Club
Amusements liability in that event will be limited to the return of any money
the Customer has paid in respect of the order. In the case of a manifest error
in relation to price, the Customer will be entitled to purchase the goods by
paying the difference between the quoted price and the correct price, as confirmed
in writing by Club Amusements after the manifest error has been discovered.
- 13.2 A 'manifest error', as the term is used in sub-paragraph (1) above,
means, in relation to an incorrect price, a price quoted in error by Club
Amusements which is more than 10% less than the price that would have been
quoted had the mistake not been made.
- 14. Data Protection
Please note: Club Amusements has a full and detailed privacy statement
available by clicking here
- 14.1 Website Security
Club Amusements makes use of Roman
Cart to securely handle payment details. Provided the Business
Customer/Consumer is using an SSL-compliant browser such as Netscape's Navigator,
Microsoft's Internet Explorer, Opera or Firefox, the Business Customer/Consumer
is able to conduct encrypted transactions without fear of an intermediary
obtaining the Business Customer/Consumers credit card information.
- 14.2 Data protection & Data Security
Data is maintained under the provisions of the Data Protection Act (1998).
Club Amusements may contact the Business Customer/Consumer from time to time
to verify and update the data Club Amusements holds on the records of the
Business Customer/Consumer.
- 14.3 Information Automatically Logged
Club Amusements uses your IP (Internet Protocol) address to help diagnose
problems with Club Amusements server and to administer Club Amusements website.
- 14.4 Registration and data sharing
Club Amusements site registration and order form requires users to give Club
Amusements contact information (such as name, email, and postal address),
demographic information (such as postcode), and financial information
(such as account or credit card numbers). This data is stored for use in
all Club Amusements marketing communications and analysis.
- 14.5 Club Amusements will NOT share the Business Customer/Consumer's
email address or personal telephone number with ANY 3rd parties.
- 15. General terms of business
- 15.1 Nothing in these terms and conditions affects your statutory rights as a Consumer.
- 15.2 If any provision in this Agreement is held to be invalid or
unenforceable, it shall be deemed severed from the Agreement and this shall
not affect the validity or enforceability of the remaining provisions.
- 15.3 Any waiver of a breach of this Agreement must be in writing.
- 15.4 Any variation of this Agreement must be in writing and signed by
a duly authorised Club Amusements official.
- 15.5 The headings are for convenience only and shall not affect the
interpretation of this Agreement.
- 15.6 Assignment You must not transfer any contract made with us under
these Conditions, as it is personal to you, without written authority from us.
This authority will not be refused without good reason.
- 15.7 Insolvency
This clause applies if;
a) the Business Customer/Consumer makes any voluntary arrangement with
its creditors or (being an individual or firm) becomes bankrupt or (being
a company) becomes subject to an administration order or goes into liquidation
(otherwise than for the purposes of amalgamation or reconstruction);
b) An encumbrance takes possession, or a receiver is appointed of any of
the property or assets of the Business Customer/Consumer; or
c) Club Amusements reasonably apprehends that any of the events mentioned
above is about to occur in relation to the Business Customer/Consumer and
notifies the Business Customer/Consumer accordingly.
If this clause applies then without prejudice to any other right or remedy
available to Club Amusements, Club Amusements shall be entitled to cancel
the contract or suspend any further deliveries under the contract without
any liability to the Business Customer/Consumer and if the Goods have been
delivered but not paid for, the price shall become immediately due and payable
notwithstanding any previous agreement or arrangement to the contrary.
- 15.8 Customer Service queries
Club Amusements shall make every reasonable effort to resolve or acknowledge by
post, telephone or email any queries which the Business Customer/Consumer has
made within 48 hours of receipt of any such query. Club Amusements shall make
every reasonable endeavour to respond to complaints within 5 working days and
keep the Business Customer/Consumer reasonably notified of any progress thereafter.
Telephone calls made to Club Amusements may be recorded for training purposes.
- 15.9 Third Party (Rights) Act 1999
No third party shall be allowed to enforce any rights under this contract.
The parties hereby exclude the application of the Contracts (rights of Third
Parties) Act 1999 to each and every contract made under these Conditions.
- 15.10 No Waiver
Club Amusements failure to insist upon strict performance of any provision
of these Conditions shall not be deemed a waiver of its rights or remedies
in respect of any present or future default of the Business Customer/Consumer
in performance or compliance with any of these Conditions.
- 15.11 Notice
Any notice required or permitted to be given by either party to the other under
these Conditions shall be in writing addressed to the other party at its registered
office or principal place of business or such other address as may at the relevant
time have been notified pursuant to this provision to the party giving notice.
Notice shall be delivered personally or sent by first class prepaid recorded delivery
of by registered post (airmail if overseas) or by facsimile transmission and shall
be deemed to be given in the case of delivery personally on delivery and in the case
of posting (in the absence of evidence of earlier receipt) 48 hours after posting
(six days if sent by airmail) and in the case of facsimile transmission on completion
of the transmission provided that the transmission on completion of the transmission
provided that the sender shall have received printed confirmation of transmission.
- 15.12 Enforceability
If any provision of these Conditions is held by any competent authority to
be invalid or unenforceable in whole or in part the validity of the other
provision of these conditions and the remainder of the provision in question
shall not be affected.
- 15.13 Dispute
In the event of a dispute between the Business Customer/Consumer and Club
Amusements, should Club Amusements in writing require, the Business
Customer/Consumer agrees to submit to the jurisdiction in accordance with
the Arbitration Act 1996 for the time being in force as a legally binding
alternative to court action.
- 15.14 Jurisdiction
The contract shall be governed by the laws of England & Wales and the
Business Customer/Consumer agrees to submit to the non-exclusive jurisdiction
of the English courts.
