Exiztent Holdings Limited t/a Oblivion Games
This page contains the terms and conditions (Terms) on which we supply the products (Products) listed on our website www.obliviongames.co.uk (the Website) to you. Please read these Terms carefully before ordering Products from the Website. By ordering any Products from the Website you agree to be bound by these Terms.
You should print a copy of the Terms for future reference.
1 Information About Us
1.1 The Website is a site operated by Exiztent Holdings Limited (we/us/our).
1.2 We are registered in Jersey with company number 130816 and with our registered address as Flat 1, 78 Stopford Road, St. Saviour, Jersey, JE2 7LB.
2 Your Status
2.1 By placing an order through the Website you warrant that you are old enough to buy any age restricted items in your order.
3 Formation of the Contract
3.1 Once you have placed an order you will receive an email from us acknowledging receipt of your order. Please note that this does not mean your order has been accepted. Your order constitutes an offer to buy Products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Products have been allocated and payment taken. The contract between us (Contract) will be formed at the point when we send you the Payment Confirmation.
3.2 The Contract will relate only to those Products whose collection we have confirmed in the Payment Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the allocation of such Products has been confirmed in a separate Payment Confirmation.
3.3 We reserve the right to:
3.3.1 decline any order (or part of any order) where the Products are unavailable for any reason;
3.3.2 decline any order (or part of any order) where the Website has contained obvious errors or inaccuracies in relation to the description of a Product or the pricing of a Product (see condition 5.1);
3.3.3 place restrictions on the volume of any Product ordered where the availability of a Product is limited; and
3.3.4 place restrictions on the volume of any Product ordered in accordance with our standard procedures relating to compliance with the laws and regulations in your territory.
4 Ownership of Products
4.1 You will become the owner of the Products when they have been delivered to you.
4.2 Once Products have been delivered to you they will be held at your risk and we will not be liable for their use, loss or destruction.
5 Price and Payment
5.1 The price of any Product will be as quoted on the Website from time to time, except in the circumstances set forth in condition 5.6 and condition 5.7 below. The price for the Products will be confirmed before you complete your order and in the Despatch Confirmation.
5.2 All prices are displayed in the local currency to you, or pounds sterling, depending on the location of the delivery address for your order. You will be charged in the currency of the shipping address, or, where we do not accept payment in the currency local to the shipping address, pounds sterling.
5.3 Prices of Products may change at any time, but changes will not affect orders which you have placed that have been confirmed by the Payment Confirmation.
5.4 Prices of Products may be subject to certain sales taxes depending on where in the world the order is to be shipped to. The prices stated on the Website at the point of checkout will include a calculation of such sales tax. If you are responsible for paying tax and that tax has not been collected by us, it is your responsibility to pay such tax as applicable.
5.5 Prices of Products exclude delivery costs which will be added (if applicable) to the total amount due prior to the point of check out of your order.
5.6 The Website contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on the Website may be incorrectly priced. Where a Product's correct price is less than our stated price, we will charge the lower amount when despatching the Products to you. If a Product's correct price is higher than the price stated on the Website, we will, at our discretion, either contact you for instructions before despatching the Products, or reject your order under condition 3.3 and notify you of such rejection.
5.7 We are under no obligation to provide Products to you at an incorrect (lower) price, even after we have sent you a Payment Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
5.8 Payment for all Products must be made using one of the methods made available at the point of checkout.
5.9 All credit/debit card payments are pre-authorised with actual payment being taken upon allocation of the goods from the relevant supplier.
6 Virtual Gift Vouchers
6.1 As well as purchasing Products through the Website, you can also purchase gift vouchers for yourself or others (Virtual Gift Vouchers).
6.2 Virtual Gift Vouchers must be redeemed by the recipient (Recipient) on the Website towards the purchase of eligible products listed in our online catalogue and sold by us. The Recipient must have an account on the Website to receive and use the Virtual Gift Vouchers. Virtual Gift Vouchers cannot be used to buy digital download products (such as books or audiobooks- see condition 10) sold by our selected partners.
6.3 To redeem a Virtual Gift Voucher, the Recipient must have an active account (or create one if necessary) associated with the email address provided by you. We are not responsible for incorrect or undeliverable email addresses.
6.4 Virtual Gift Vouchers cannot be exchanged for cash and are not transferable or assignable in any way.
6.5 Any unused balance of Virtual Gift Vouchers after placement of an order by the Recipient will be recorded in the Recipient’s account on the Website.
6.6 If any order placed by the Recipient using the Virtual Gift Vouchers exceeds the value of the Virtual Gift Vouchers held by the Recipient, any balance remaining for a purchase must be paid by the Recipient.
6.7 One or more Virtual Gift Vouchers can be redeemed against a single order.
6.8 Virtual Gift Vouchers have no set expiry date or life span, but we reserve the right to introduce such at any time without notice.
6.9 Responsibility for the Virtual Gift Voucher passes to the Recipient upon purchase and we are not responsible for Virtual Gift Vouchers which are lost, destroyed or used without the Recipient’s permission.
6.10 All other provisions of these Terms will apply to all purchases made using Virtual Gift Vouchers, as applicable.
7.1 We operate a Jersey only Click and Collect service from our Jersey based retail store.
7.2 Methods of delivery will be at Our discretion, but tracked carriage will be used whenever it is viably available.
8 Cancellations and Returns
8.1 We hope that you will be happy with all Products purchased from the Website, however, if you are not, subject to condition 8.4, you may cancel a Contract at any time and for any reason within fourteen working days, beginning on the day after you receive the Products (Cooling-Off Period). Should you wish to do this you will receive a full refund of the price paid for the Products as described in condition 8.3.
8.2 To cancel a Contract you must send us written notice, to be received by us during the Cooling-Off Period, by email or by post containing your name, address, and product order details (order number, Products ordered, and date of order). Our contact details can be found here. Please note that email is our preferred form of communication, and we will be able to process your cancellation quicker if you notify us by email. You must keep the Products in your possession and take reasonable care of them. In addition, you must return the Products to us as soon as possible at your cost and risk, in the same condition in which you received them. We suggest that you do this using a registered delivery service to reduce the risk of the Products not reaching us. If you fail to take reasonable care of the Products before returning the Products to us, or fail to take reasonable care to ensure that we receive the Products and that they are not damaged in transit, we may take legal proceedings to recover any damages, costs or other expenses which we incur as a result.
8.3 When you cancel a contract under condition 8.1, we will process the refund due to you no later than within 14 days of receipt of the relevant Products back from you. We will refund the price of the Product in full, including the cost of sending the item to you.
8.4 You will not have a right to cancel a contract under condition 8.1 where:
8.4.1 the Products forming the contract are Downloads (as defined under condition 10) such as audio books, ebooks, magazines or periodicals (on the basis that the contract has been performed with your consent); and
8.4.2 the Product forming the contract is made to order or otherwise tailored to your specification.
8.5 Products returned by you because of a defect (and not a cancellation under condition 8.1) will be examined by us. Where evidence of a defect is found we will notify you of your entitlement to (at your option) (i) a replacement Product, or (ii) a refund for the defective Product. Where a refund is requested, we will process the refund due to you (including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us) as soon as possible and, in any case, within 30 days of the day we confirmed to you that you were entitled to a refund for the defective Product.
8.6 We will usually refund any money received from you by using the same method originally used by you to pay for your purchase.
8.7 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of, or in connection with, any defect with a Product, and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the Product in question.
8.8 Nothing in these conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence or fraud.
9 Import Duty
9.1 It is possible that your order may be subject to import duties and taxes which are levied when the Products reach specified destinations. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount.
10 Electronic Downloads
10.1 When you download an e-book, audio book or any other electronic download Products from this Website (Download), we grant to you a personal and non-exclusive licence to use that Download in accordance with this condition 10.
10.2 You may only store Downloads on devices that you own. You may print one copy of any Download provided you retain it for personal use only and do not facilitate its copying or distribution by, or amongst, third parties.
10.3 For the avoidance of doubt, you must not:
10.3.1 provide or share the Download with any individual, company or partnership;
10.3.2 make the Download available on bit-torrent sites or elsewhere on the internet;
10.3.3 distribute copies of any Download (in any format); or
10.3.4 attempt to reverse engineer, bypass, alter, amend, remove or otherwise make any change to any copy protection technology that may be applied to the Download.
10.4 You acknowledge and accept that all copyrights, trademarks and other intellectual property rights in the Download shall remain the sole property of Games Workshop or its trading divisions: Black Library or Forge World. You undertake not to make any use of the intellectual property rights in Downloads, otherwise than in accordance with this condition 10, without our prior written permission.
10.5 Should you breach any of the provisions of conditions 10.2 to 10.4 your license to use or store the Download shall automatically terminate and you must permanently delete the Download from any device upon which you have caused it to be stored. You should be aware that any unauthorised use of a Download in breach of conditions 10.2 to 10.4 shall be treated as an infringement of our intellectual property rights and dealt with accordingly.
10.6 To the extent that there is any conflict or contradiction with this condition 10 and any other condition in these Terms this condition 10 shall prevail to the extent that the conflict or confusion relates to Downloads.
10.7 Some Downloads are available for purchase through this Website, but the Download itself will be available for download (Electronic Delivery) through selected third parties. In this circumstance, we shall direct you to the third party’s website for Electronic Delivery of the Download. We will provide you with appropriate means (a unique code or similar) to the complete the Electronic Delivery of the Download via the third party’s website. Where you receive Electronic Delivery of a Download through a third party website, the terms and conditions of the third party website shall apply to such Electronic Delivery.
11.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
11.2 All notices from you to us must be in writing and sent by email, registered post or airmail. Our contact details can be found here. All notices from us to you will be displayed on the Website from time to time or sent by email, registered post or airmail to any address provided by you to us. Notices will be deemed received immediately when posted on the website, 24 hours after an email is sent, 3 business days after the date of posting of any letter by registered post, and 10 business days after the date of posting if sent by airmail.. If a notice is deemed to have been received after 4.00 pm (local time of the recipient) on a business day, or on any day which is not a business day, it shall be deemed to have been received at 9.00 am (local time of the recipient) on the next business day.
11.3 The Contract is binding on you. You may not transfer, assign or otherwise deal with or any of your rights or obligations arising under the Contract.
11.4 If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
11.5 These Terms, together with our Privacy Notice and Terms of Website Use, and any other document expressly referred to in these documents, constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract. We each acknowledge that, in entering into a Contract, neither of us relies on any statement, representation, assurance or warranty of any person (whether a party to that Contract or not) other than as expressly set out in these documents. Nothing in this clause shall limit or exclude any liability for fraud.
11.6 Failure or delay by us in enforcing or partially enforcing any provision of a Contract shall not be construed as a waiver of any of our rights under the Contract. Any waiver by us of any breach of, or default under, any provision of a Contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
11.7 We have the right to revise and amend these Terms from time to time. The latest version of these Terms will be available on the Website. You will be subject to the policies and Terms in force at the time that you order Products from us.
11.8 No term of any Contract shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to the Contract.
11.9 To the fullest extent permissible, any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims) will be governed by Jersey law and subject to the exclusive jurisdiction of the courts of Jersey.
12 Complaints Policy
12.1 We are committed to providing a quality service to you and value your views, opinions and feedback on any Products which have been supplied to you or the service which we have provided to you. If we have not performed any of our duties to a satisfactory standard please contact us and we shall endeavour to put right any problems.
12.2 If your complaint relates to the quality of a Product please refer to condition 8. For any other complaints, queries, or to provide us with feedback, please contact us here. We shall endeavour to contact you within five business days of receiving your email and shall work closely with you in trying to resolve any problems fairly and quickly and to ensure that both our Products and the services which we have provided to you are to your satisfaction.