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This page (together with the documents referred to on it) tells
you the terms and conditions on which we supply any of the products
(Products) listed on our website : http://www.square-enix-shop.com
(our site) to you. Please read these terms and conditions carefully
before ordering any Products from our site. You should understand
that by ordering any of our Products, you agree to be bound by these
terms and conditions.
You should print a copy of these terms and conditions for future
reference.
Please click on the button marked "I Accept" at the end
of these terms and conditions if you accept them. Please understand
that if you refuse to accept these terms and conditions, you will
not be able to order any Products from our site.
1. INFORMATION ABOUT US
1.1 www.square-enix-shop.com is a site operated by Square Enix Limited
(we). We are registered in England and Wales under company number
3679704 and with our registered office at 2nd Floor, 37-45 Castle
House, Paul Street, London EC2A 4LS. Our main trading address is
2nd Floor, 37-45 Castle House, Paul Street, London EC2A 4LS. Our
VAT number is GB 735505145.
2. SERVICE AVAILABILITY
Our site is only intended for use by people resident in the specified countries (United Kingdom, France, Germany, Italy, Spain, Austria, Belgium, Luxemburg, and The Netherlands). We do not accept orders from individuals outside these countries.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts; and
(b) You are at least 18 years old;
(c) You are resident in the specified countries; and
(d) Any goods ordered are to be delivered within the country in which you reside.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and are only deemed as accepted on receipt of the relevant payment from you this form the (Contract). On your order being sent we will send you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation).
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5. CONSUMER RIGHTS
5.1 If you are contracting as a consumer, you may cancel a Contract
at any time within seven working days, beginning on the day after
you received the Products. In this case, you will receive a full
refund of the price paid for the Products in accordance with our
refunds policy (set out in clause 10 below).
5.2 To cancel a Contract, you must inform us in writing. You must
also return the Product(s) to us immediately, in the same condition
in which you received them, and at your own cost and risk. You have
a legal obligation to take reasonable care of the Products while
they are in your possession. If you fail to comply with this obligation,
we may have a right of action against you for compensation.
5.3 Details of this statutory right, and an explanation of how to
exercise it, are provided in the Dispatch Confirmation. This provision
does not affect your statutory rights.
5.4 In the event you have a complaint or a query regarding the service
you should direct this to Us if it concerns any of the Goods at
merchandise@square-enix-europe.com
but you should direct any complaint regarding the processing of
your payment to Click and Buy at service@de.clickandbuy.com.
6. AVAILABILITY AND DELIVERY
6.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of your order, unless there are exceptional circumstances.
6.2 All orders are dispatched from Our above address in the UK.
Accordingly you will be required to pay for the cost of returning
the Goods to that address in the event you wish to claim a refund
under paragraph 9.1(a) below
7. RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive
full payment of all sums due in respect of the Products, including
delivery charges.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from
time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will
be given to you before you confirm your order and added to the total
amount due.
8.3 Prices are liable to change at any time, but changes will not
affect orders in respect of which we have already sent you a Dispatch
Confirmation.
8.4 Our site contains a large number of Products and it is always
possible that, despite our best efforts, some of the Products listed
on our site may be incorrectly priced. We will normally verify prices
as part of our dispatch procedures so that, where a Product's correct
price is less than our stated price, we will charge the lower amount
when dispatching the Product to you. If a Product´s correct price
is higher than the price stated on our site, we will normally, at
our discretion, either contact you for instructions before dispatching
the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at
the incorrect (lower) price, even after we have sent you a Dispatch
Confirmation, if the pricing error is obvious and unmistakeable
and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be by credit or debit card. We
accept payment with all cards accepted by Click and Buy. We will
not charge your credit or debit card until we despatch your order.
9. OUR REFUNDS POLICY
9.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the
seven-day cooling-off period (see clause 6.1 above), we will process
the refund due to you as soon as possible and, in any case, within
30 days of the day you have given notice of your cancellation. In
this case, we will refund the price of the Product in full, including
the cost of sending the item to you. However, you will be responsible
for the cost of returning the item to us.
(b) for any other reason (for instance, because have notified us
in accordance with paragraph 20 that you do not agree to any change
in these terms and
(c) conditions or in any of our policies, or because you claim that
the Product is defective), we will examine the returned Product
and will notify you of your refund via e-mail within a reasonable
period of time. We will usually process the refund due to you as
soon as possible and, in any case, within 30 days of the day we
confirmed to you via e-mail that you were entitled to a refund for
the defective Product. Products returned by you because of a defect
will be refunded in full, 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.
9.2 We will usually refund any money received from you using the
same method originally used by you to pay for your purchase.
10. OUR LIABILITY
10.1 We warrant to you that any Product purchased from us through
our site is of satisfactory quality and reasonably fit for all the
purposes for which products of the kind are commonly supplied.
10.2 Our liability for losses you suffer as a result of us breaking
this agreement is strictly limited to the purchase price of the
Product you purchased [and any losses which are a foreseeable consequence
of us breaking the agreement. Losses are foreseeable where they
could be contemplated by you and us at the time your order is accepted
by us].
10.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude,
or attempt to exclude, our liability.
10.4 We are not responsible for indirect losses which happen as
a side effect of the main loss or damage and which are not foreseeable
by you and us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time however arising and whether
caused by tort (including negligence), breach of contract or otherwise,
even if foreseeable; provided that this clause 11.4 shall not prevent
claims for loss of or damage to your tangible property that fall
within the terms of clause 11.1 or clause 11.2 or any other claims
for direct financial loss that are not excluded by any of categories
(a) to (g) inclusive of this clause 11.4.
10.5 Where you buy any Product from a third party seller through
our site, the seller's individual liability will be set out in the
seller's terms and conditions.
11. IMPORT DUTY
11.1 If you order Products from our site for delivery outside the
UK, they may be subject to import duties and taxes which are levied
when the delivery reaches the specified destination. 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. Please contact your local customs office for further
information before placing your order.
11.2 Please also note that you must comply with all applicable laws
and regulations of the country for which the products are destined.
We will not be liable for any breach by you of any such laws.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications
we send to you should be in writing. When using our site, you accept
that communication with us will be electronic and we will contact
you by e-mail or provide you with information by posting notices
on our 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. This condition does not affect your statutory rights.
13. NOTICES
All notices given by you to us must be given to [name] Square Enix
Limited by email at merchandise@square-enix-europe.com.
We may give notice to you at either the e-mail or postal address
you provide to us when placing an order, or in any of the ways specified
in clause 13 above. Notice will be deemed received and properly
served immediately when posted on our website, 24 hours after an
e-mail is sent, or three days after the date of posting of any letter.
In proving the service of any notice, it will be sufficient to prove,
in the case of a letter, that such letter was properly addressed,
stamped and placed in the post and, in the case of an e-mail, that
such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The contract between you and us is binding on you and us and
on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of
a Contract, or any of your rights or obligations arising under it,
without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise
dispose of a Contract, or any of our rights or obligations arising
under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform,
or delay in performance of, any of our obligations under a Contract
that is caused by events outside our reasonable control (Force Majeure
Event).
15.2 A Force Majeure Event includes any act, event, non-happening,
omission or accident beyond our reasonable control and includes
in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat
of terrorist attack, war (whether declared or not) or threat or
preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic
or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications
networks.
(f) The acts, decrees, legislation, regulations or restrictions
of any government.
15.3 Our performance under any Contract is deemed to be suspended
for the period that the Force Majeure Event continues, and we will
have an extension of time for performance for the duration of that
period. We will use our reasonable endeavours to bring the Force
Majeure Event to a close or to find a solution by which our obligations
under the Contract may be performed despite the Force Majeure Event.
16. WAIVER
16.1 If we fail, at any time during the term of a Contract, to insist
upon strict performance of any of your obligations under the Contract
or any of these terms and conditions, or if we fail to exercise
any of the rights or remedies to which we are entitled under the
Contract, this shall not constitute a waiver of such rights or remedies
and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver
of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall
be effective unless it is expressly stated to be a waiver and is
communicated to you in writing.
17. SEVERABILITY
If any of these terms and Conditions 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.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred
to in them represent the entire agreement between us in relation
to the subject matter of any Contract and supersede any prior agreement,
understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither
of us has relied on any representation, undertaking or promise given
by the other or be implied from anything said or written in negotiations
between us prior to such Contract except as expressly stated in
these terms and conditions.
18.3 Neither of us shall have any remedy in respect of any untrue
statement made by the other, whether orally or in writing, prior
to the date of any Contract (unless such untrue statement was made
fraudulently) and the other party´s only remedy shall be for breach
of contract as provided in these terms and conditions.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We have the right to revise and amend these terms and conditions
from time to time to reflect changes in market conditions affecting
our business, changes in technology, changes in payment methods,
changes in relevant laws and regulatory requirements and changes
in our system's capabilities.
19.2 You will be subject to the policies and terms and conditions
in force at the time that you order products from us, unless any
change to those policies or these terms and conditions is required
to be made by law or governmental authority (in which case it will
apply to orders previously placed by you), or if we notify you of
the change to those policies or these terms and conditions before
we send you the Dispatch Confirmation (in which case we have the
right to assume that you have accepted the change to the terms and
conditions, unless you notify us to the contrary within seven working
days of receipt by you of the Products).
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be
governed by English law. Any dispute arising from, or related to,
such Contracts shall be subject to the non-exclusive jurisdiction
of the courts of England and Wales.
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