1. The contract between us
When you place an order to purchase goods from us and tick the box indicating your acceptance of these conditions you make a binding offer to purchase those goods in accordance with these conditions and subject to the terms of the license agreement incorporated within them.
At the same time you warrant to us that you are legally capable of entering into binding contracts and that you are at least 18 years old.
We must receive payment of the whole of the price for the goods that you order be-fore your order can be accepted.
Once payment has been received by us we will confirm that your order if accepted has been accepted by sending an email to you at the email address you provide with your order. Our acceptance of your order brings into existence a legally binding contract be-tween us. The contract will create legal obligations as far as you are concerned in connection with the use of the goods. In particular you will be agreeing to fully comply with the terms of the license contained in clause 6 of these conditions.
Our contract is binding on you and us and our respective successors and assignees. You may not transfer, assign, charge or otherwise deal with or dispose of the contract without our prior written consent. We may assign, transfer, charge, sub-contract or otherwise dispose of our rights and obligations under the contract at any time during its term.
The prices payable for goods that you order are as set out in our website. If applicable they include Value Added Tax (‘VAT’).
3. Right for you to cancel your contract
- You may cancel your contract only before the goods have started downloading from our website. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. To cancel your contract you must notify us either by email or otherwise in writing.
- You do not have the right to cancel your contract with us for the goods you order after the goods have been downloaded or partially downloaded from our website.
- Once you have notified us that you are cancelling your contract in accordance with these conditions before the goods have been downloaded or partially downloaded from our website any sum paid to us for the goods from your credit or debit card will be credited to your account or otherwise repaid in an appropriate manner reflecting how you have paid us (e.g. PayPal or credit card) as soon as possible and in any event within 30 days of your order.
4. Cancellation by us
- We reserve the right not to accept your order in whole or in part at our sole discretion or to cancel the contract between us if we are unable to deliver the goods you have ordered;
- If we do not accept your order or cancel your contract we will notify you by email or otherwise in writing and will credit to your account any sum paid to us from your credit or debit card or otherwise repaid in an appropriate manner reflecting how you have paid us (e.g. PayPal or credit card) as soon as possible and in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
5. Delivery of goods to you
- We will deliver the goods ordered by you in the manner set out on this website.
- On completion of payment, you will have three days in which to download your goods.
- You will become the owner of the goods you have ordered when they have been delivered to you in electronic format. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
6. Your license to use the goods and the intellectual property rights in them
You acknowledge and agree to be bound by the terms of our license to you to use the goods, as follows:
- You agree that the goods will only be used ONCE by you and for non commercial purposes .
- You agree that the Intellectual Property Rights in the goods remain vested in us and that we are granting you a non exclusive license to use the goods for the purpose set out in these conditions. “Intellectual Property Rights” include patents, design rights, copyright, trademarks, service marks (in each case whether registered or not), applications or rights to apply for any of the foregoing, database rights, trade or business name, rights in confidential information, goodwill, and other similar rights existing in each case in any part of the world.
- Without prejudice to the generality of the foregoing you agree that you will not copy, reproduce, resell or re-distribute the goods other than is considered appropriate and necessary for single use (i.e. you may copy the files within your own household). If you wish to play with occupants not at your residence, they must purchase separate copies.
- If the goods we deliver electronically are defective we shall have no liability to you unless you notify us by email which we have acknowledged (or otherwise in writing at our contact email address) of the problem within 10 working days of the delivery of the goods to you from our website with time being of the essence.
- If you notify a problem to us under clauses 7.1 above, our only obligation will be, at your option:
- to make good any shortage or non-delivery; or
- to refund to you the amount paid by you for the goods in question in whatever way we choose.
- If we accept an order for delivery outside the United Kingdom the goods may be subject to import duties or other taxes in addition to VAT. These import duties or other taxes are outside our control and must be borne by you. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
- Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition or arising from our contract generally and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.2.2 above.
- Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent either by acknowledged email to our email address: butler at lockdownmurdermystery.com (changing the ‘at’ for the at symbol or to our trading address, 36 Barratt Avenue, London N22 7EZ, United Kingdom. All notices from us to you must be in writing and sent either by email to the email address that you provide in your order form or to the postal address you give to us at the time you make your order.
9. Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, damage incurred by the breakdown of systems or network access, flood, fire, explosion, accident and, ironically, pandemics.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
12. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13. Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
14. Entire agreement