Terms and Conditions
TERMS AND CONDITIONS
1.1. This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods listed on this website to you.
1.2. Before confirming your order please:
1.2.1. Read through these terms and conditions and in particular our cancellations and returns policy at clause 12 and limitation of our liability and your indemnity at clause 16
1.2.2. Print a copy for future reference.
1.3. By ordering any of the Goods listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4. We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
2. ABOUT US
2.1. This Website is owned and operated by Let's Misbehave! Murder Mysteries of The Cottage, Main Street, Walesby, Newark, Nottinghamshire NG22 9NW.
3.1. You agree that email and other electronic communications can be used as a long-distance means of communication and 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.
3.2. We will contact you by email or provide you with information by posting notices on our Website.
4. OVERSEAS ORDERS
4.1. We can, in our sole discretion, accept orders for printed game and play packs from individuals located outside the United Kingdom and ship overseas subject to you paying for the additional shipping or postage costs. You will have an opportunity to cancel your order in case these costs are not acceptable.
4.2. If we agree to supply any Goods ordered from the Website for delivery outside the United Kingdom, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
4.3. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
5.1. When registering on the Website you must choose a username and password. You are responsible for all actions taken under your chosen username and password.
5.2. By registering on the Website you undertake:
5.2.1. That all the details you provide to us for the purpose of registering on the Website and purchasing the Goods are true, accurate, current and complete in all respects
5.2.2. To notify us immediately of any changes to the information provided on registration or to your personal information
5.2.3. That you are over 18 or if under 18 you have a parent or guardian's permission to register with and purchase the Goods from this Website in conjunction with and under their supervision
5.2.4. To only use the Website using your own username and password
5.2.5. To make every effort to keep your password safe
5.2.6. Not to disclose your password to anyone
5.2.7. To change your password immediately upon discovering that it has been compromised
5.2.8. To neither transfer or sell your username or password to anyone, nor permit, either directly or indirectly, anyone other than you to use them
5.3. You authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports and so that we may authenticate your identity.
5.4. We reserve the right to terminate an agreement formed with you pursuant to clause 9 below and to suspend or terminate your access to the Website immediately and without notice to you if:
5.4.1. You fail to make any payment to us when due
5.4.2. You breach these Conditions (repeatedly or otherwise)
5.4.3. You are impersonating any other person or entity
5.4.4. When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
5.4.5. We suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity on the Website
6. ELIGIBILITY TO PURCHASE FROM THE WEBSITE
6.1. To be eligible to purchase the Goods on this Website and lawfully enter into and form contracts with us, you must:
6.1.1. Be 18 years of age or over
6.1.2. Be legally capable of entering into a binding contract
6.1.3. Provide full details of a delivery address in the United Kingdom or the European Economic Area (if you reside in the EEA)
6.2. If you are under 18, you may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website.
7.1. The prices of the Goods are quoted on the Website.
7.2. Prices quoted are for delivery in the United Kingdom unless otherwise specified.
7.3. Unless otherwise stated, the prices quoted include delivery costs but exclude VAT (we are not VAT registered).
7.4. We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.
8.1. Payment can be made through an electronic payment account as explained on the order form.
8.2. By placing an order, you consent to payment being charged to your debit/credit card account or electronic payment account as provided on the order form.
8.3. Payment will be debited and cleared from your account before the dispatch of the Goods to you.
8.4. By accepting these Conditions you:
8.4.1. Undertake that all the details you provide to us for the purpose of purchasing the Goods are correct
8.4.2. Undertake that any and all Goods ordered by you are for your own use only and not for resale
8.5. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
9. ORDER PROCESS AND FORMATION OF A CONTRACT
9.1. All orders are subject to acceptance and availability. If any Goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
9.2. Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
9.3. You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
9.4. You agree that if we contact you to acknowledge receipt of your order such communication shall not amount to our acceptance of your offer to purchase the Goods ordered by you from the Website.
9.5. You must check that the details contained in the Confirmation Notice are correct and you should print out and keep a copy of it.
9.6. You will be subject to the version of our policies and Conditions in force at the time that you order the Goods from us, unless:
9.6.1. Any change to those policies or these Conditions is required to be made by law or governmental authority
9.6.2. We notify you of any change to our policies or these Conditions before we send you the Confirmation Notice, in which case, we are entitled to assume that you have accepted it, unless we receive written notification from you to the contrary within seven working days of receipt of the Confirmation Notice
10.1. The Goods will be delivered to you at the address you provided during the order process which may be an address other than the billing address, but please note that extra documentation may be needed to comply with such orders.
10.2. Any dates quoted for delivering the Goods are approximate only. If no date is specified then it will take place within 5-7 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
10.3. We shall not be liable for any delay in delivering the Goods, however caused.
11. CANCELLING YOUR CONTRACT AND RETURNS
11.1. Cancelling before receiving a Confirmation Notice
11.1.1. You may cancel your order for the Goods at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing. You can send us a cancellation notice by sending an email to firstname.lastname@example.org or a letter to The Cottage, Main Street, Walesby, Newark, Nottinghamshire NG22 9NW. Your cancellation notice must quote your name, address, the name or a description of the Goods and your order reference number.
11.2. Cancellation after receiving a Confirmation Notice
11.2.1. You are entitled to cancel your Contract at any time prior to receiving the Goods so long as you provide us with written notice or, if you have received the Goods, so long as you provide us with written notice at any time within 7 working days starting from the day after you received the Goods. You can send your cancellation notice by email to email@example.com or a letter to The Cottage, Main Street, Walesby, Newark, Nottinghamshire NG22 9NW. Your cancellation notice must quote your name, address, the name or a description of the Goods and your order reference number.
11.2.2. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us at your own cost and risk.
11.2.3. The Goods must be returned to us in the same condition in which you received them until such time as the Goods are either collected by us or delivered back to us by you. You have a legal obligation to take reasonable care of the Goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
11.3. Damaged or wrongly delivered goods
11.3.1. We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, and the cost of returning the Goods to us, provided that you return the Goods to us and the conditions set out in paragraph 12.5.2. are met. We must also be reasonably satisfied that:
220.127.116.11. the Goods have not suffered damage after delivery;
11.3.2. In addition to the requirements of paragraph 12.5.1, the Goods in terms of which you are claiming a refund must have:
18.104.22.168. been damaged on delivery;
22.214.171.124. been delivered in a faulty condition;
126.96.36.199. have been delivered to you in error.
11.3.3. Alternatively, at your option, instead of a refund (and subject to returning the Goods as required under this clause) we will replace the Goods with the same or a similar product (subject to stock availability).
11.3.4. In order to claim a refund or replacement item please send us a cancellation notice as soon as you become aware of a problem and no later than 7 working days after receipt or the fault developing by email to firstname.lastname@example.org or a letter to The Cottage, Main Street, Walesby, Newark, Nottinghamshire NG22 9NW. Your cancellation notice must quote your name, address, the name or a description of the Goods, a brief description of the problem or damage and your order reference number.
11.3.5. Upon receiving your cancellation notice, we will contact you and provide details of where you must return the Goods and other relevant instructions. You must then immediately return the Goods to us.
11.4. Incorrectly priced or described Goods
11.4.1. Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Goods to you.
11.4.2. If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
11.4.3. If we discover the error after sending you a Confirmation Notice we may, at our discretion and without incurring any liability to you, cancel the Contract provided that the error is, in our reasonable opinion, obvious and unmistakable and could have reasonably been recognised by you. We will notify if we cancel the Contract.
11.4.4. If your order is cancelled or rejected and you have already paid for the Goods, you will receive a full refund in accordance with clause 12.7
11.5. Processing refunds
11.5.1. We will examine any returned Goods and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to it.
11.5.2. We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the Goods in the event that the Goods are found to have suffered damage after delivery. This does not affect your statutory rights.
12.1. If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us via email at email@example.com or by post at The Cottage, Main Street, Walesby, Newark, Nottinghamshire NG22 9NW.
13. INTELLECTUAL PROPERTY
13.1. The content of the Website is protected by copyright (including design copyrights), trade marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Let's Misbehave! Murder Mysteries moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
13.2. You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for the specified purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
13.3. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal or specified use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
13.4. You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
13.5. No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
13.6. Goods sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
14. WEBSITE USE
14.1. You are permitted to use the Website and the material contained in it only as expressly authorised by us.
15. LIABILITY AND INDEMNITY
15.1. We will not be liable if the Website is unavailable at any time.
15.2. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
15.3. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
15.4. We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
15.5. We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
16.1. You acknowledge that any review, feedback or rating which you leave may be published by us on the Website and you agree that it may be displayed for as long as we consider appropriate and that the content may be syndicated to publications or marketing materials.
16.2. You undertake that any review, feedback or rating that you write shall:
16.2.1. Comply with applicable law in the UK and the law in any country from which they are posted
16.2.2. Not contain any material which is either defamatory, threatening, obscene, abusive, offensive, hateful, inflammatory or is likely to harass, upset, annoy, alarm, embarrass or invade the privacy of, any person or be deceiving
16.2.3. Not promote or advocate an unlawful act or activity, discrimination, sexually explicit material or violence
16.2.4. Not infringe any trademark, copyright (including design rights), database right, or other intellectual property rights of any other person or breach of any legal duty you owe to a third party
16.2.5. Not be used to impersonate any person, or to misrepresent your identity
16.3. You grant us and our affiliate companies a non-exclusive, royalty-free worldwide license to use or edit any reviews posted by you.
16.4. We reserve the right to publish, edit or remove any reviews without notifying you.
17. FORCE MAJEURE
17.1. We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure'), which, without limitation, include:
17.1.1. Strikes, lock-outs or other industrial action
17.1.2. Shortages of labour, fuel, power, raw materials
17.1.3. Late, defective performance or non-performance by suppliers
17.1.4. Private or public telecommunication, computer network failures or breakdown of equipment
17.1.5. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.1.6. Other causes, beyond our reasonable control
17.2. Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
19. EXTERNAL LINKS
19.1. To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
19.1.1. The privacy practices of such websites
19.1.2. The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
19.1.3. The use which others make of these websites; or
20.1. We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
20.2. All prices and descriptions supersede all previous publications. All product descriptions are approximate.
20.3. Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
20.4. If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
20.5. All Contracts are concluded and available in English only.
21. GOVERNING LAW AND JURISDICTION
21.1. The Website is controlled and operated in the United Kingdom.
21.2. The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Protecting your personal details on our website.
Last updated: 8 October 2012
The Website is brought to you by Let's Misbehave! Murder Mysteries. Let's Misbehave! Murder Mysteries believes it is important to protect your Personal Data (as defined in the Data Protection Act 1998) and we are committed to giving you a personalised service that meets your needs in a way that also protects your privacy. This policy explains how we may collect Personal Data about you. It also explains some of the security measures we take to protect your Personal Data, and tells you certain things we will do and not do. You should read this policy in conjunction with the Website Terms.
- Using Your Personal Information
1.1. Personal Data about our customers is an important part of our business and we shall only use your Personal Data for the following purposes and shall not keep such Personal Data longer than is necessary to fulfil these purposes:
1.1.1. To help us to identify you when you contact us.
1.1.2. To help us to identify account and/or products which you could have from us from time to time.
1.1.3. To help us to administer and to contact you about services and products we have provided before, do provide now or will or may provide in the future.
1.1.4. To allow us to carry out marketing analysis.
1.1.5. To allow us to contact you about products and services offered by us and selected partners unless you have previously asked us not to do so.
2. Protecting Information
We have strict security measures to protect Personal Data.
2.1. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information.
2.2. It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
3. The internet
3.1. If you communicate with us using the internet, we may occasionally email you about our services and products. When you first give us Personal Data through the Website, we will normally give you the opportunity to say whether you would prefer us not to contact you by email.
When we provide services, we want to make them easy, useful and reliable. This sometimes involves placing small amounts of information on your computer. These are called 'cookies'.
These cookies cannot be used to identify you personally and are used to improve services for you, for example through:
- Letting you navigate between pages efficiently
- Enabling a service to recognise your computer so you don't have to give the same information during one task
- Recognising that you have already given a username and password so you don't need to enter it for every web page requested
- Measuring how many people are using services, so they can be made easier to use and that there is enough capacity to ensure they are fast
See allaboutcookies.org or www.youronlinechoices.eu to learn more about cookies.
Visit www.google.co.uk/goodtoknow/data-on-the-web/cookies for a video about cookies.
Users typically have the opportunity to set their browser to accept all or some cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The last of these options, of course, means that personalised services cannot be provided and the user may not be able to take full advantage of all of a website's features. Refer to your browser's Help section for specific guidance on how it allows you to manage cookies and how you may delete cookies you wish to remove from your computer.
Multiple cookies may be found in a single file depending on which browser you use.
The cookies used on this website have been categorised based on the categories found in the ICC UK Cookie guide, as follows:
Category 1: strictly necessary cookies
These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. Without these cookies services you have asked for, like shopping baskets or e-billing, cannot be provided.
Category 3: functionality cookies
These cookies allow the website to remember choices you make (such as your user name, language or the region you are in)
The list below shows the cookies that we use, other than those that are strictly necessary to this service. If you have any queries about these, or would like more information, please contact our Data Protection Manager at Let's Misbehave! Murder Mysteries, The Cottage, Main Street, Walesby, Newark, Nottinghamshire NG22 9NW, or email us at firstname.lastname@example.org.
'first' party - used for storing the session ID of a member (basket/admin storing)
_utmz _utmc _utmb _utma
third party - all 4 part of Google analytics, primarily used to track visits to the site
adds a value yes or no if accepted cookies
By using this website, you agree that we can place these types of cookies on your device.
5.1. The Website may include third-party advertising and links to other websites. We do not provide any personally identifiable customer Personal Data to these advertisers or third-party websites.
5.3. We exclude all liability for loss that you may incur when using these third party websites.
6. Further Information
6.4. If you would like access to the Personal Data that we hold about you, you can do this by emailing us at email@example.com or writing to us at the address noted above. There may be a nominal charge of £10 to cover administrative costs.
6.5. We aim to keep the Personal Data we hold about you accurate and up to date. If you tell us that we are holding any inaccurate Personal Data about you, we will delete it or correct it promptly. Please email us at firstname.lastname@example.org or write to us at the address above to update your Personal Data.