TERMS AND CONDITIONS
At Console Warehouse we pride ourselves on the services and products we provide we endeavor to give our customers an outstanding service throughout their buying process. Please take the time to look throughout “Terms and Conditions” to ensure you are fully satisfied with them before you purchase any Items from the Console Warehouse website.
Console warehouse has endeavored to fully explain our offers, services, and products throughout our website so please take the time to search for and view items that require understanding and clarity.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms & Conditions of Service.
TERMS & CONDITIONS OF SERVICE
Listed below are the terms and conditions of our business which are written in “Plain English” where possible to ensure clarity and transparency for all of our working partners. These terms and conditions will apply to all contractual agreements whereby Console Warehouse agrees to provide the supply of products or services associated with the above.
Take time to read through these terms and conditions as they have been written to protect both you the customer and Console Warehouse It is recommended that you print a copy for your future reference.
Console Warehouse has to make clear that we are not associated in any way with Microsoft or Sony, any Microsoft or Sony subsidiaries, or any of their employees.
Console Warehouse (The Company): Console Warehouse its Employees and Directors.
Terms and Conditions of Service: Are Console Warehouse’s rules by which the Customer agrees to abide by in order to use any of its services
The Customer: Is a Customer, Company, Organisation or Individual that is requesting or purchasing services or products from Console Warehouse.
Sales Order/Purchase/Payment: The transaction and contractual agreement between the Customer and Console Warehouse for Console Warehouse to provide any goods or services once payment has been made.
Piracy: Piracy refers to the unauthorised duplication of copyrighted content that is then sold to a third party.
Refund: The payback of money to a customer who is not satisfied with goods or services purchased
Postage & Shipping: Refers to the method and process of delivery of a purchased item from Console Warehouse to the Customer and any Items sent by the Customer to Console Warehouse for repair, modification, or inspection.
Copyright: Copyright refers to the laws relating to the use of the work of a creator e.g. artist photographer or author. This also includes the copying, distribution, altering, and display of any creative, literary of any other types of work
Games Console: A video game console is a specialised computer system designed for interactive video gameplay and display. A video game console functions like a PC and is built with the same essential components, including a central processing unit (CPU), graphics processing unit (GPU), and random access memory (RAM).
Customer own Console: A customer’s own console supplied by the Customer to Console Warehouse for modification.
Controllers: A game controller is a device used with games or entertainment systems to provide input to a video game, typically to control an object or character in the game. A controller is usually connected to a game console or computer by means of a wire or cord, although, since the mid-2000s, wireless controllers have become widespread.
Contractual Agreement: A contractual agreement is a legally enforceable agreement between two or more parties generally relating to a transaction for the purchase or sale of inputs, goods, and services. A contract involves obligations on the part of the contractors which may be expressed verbally or in writing.
Warranty/Policy Terms: A written guarantee, issued to the Customer of an article by its manufacturer or supplier, promising to repair or replace it if necessary within a specified period of time. These are Terms and conditions of warranties supplied by Console Warehouse.
Opt-out: If a client chooses not to participate in marketing, advertising or email activities with Console Warehouse.
Opt-In: If a client chooses to participate in marketing, advertising or email activities with Console Warehouse.
Refunds: A payback (money), typically to a customer who is not satisfied with goods or services bought.
Repair: To restore an item to a former condition or to operating order.
Carrier/Shipping: The Company chosen by either the customer or Console Warehouse to ship or post items.
Personal Data: The information provided by the Client when purchasing a product or service from Console Warehouse.
Exchange Xboxes: These are Xboxes sold my Console Warehouse and supplied as a replacement console to a customer in exchange for their own Xbox supplied to console Warehouse in good working order.
SALES ORDERS PURCHASE AND PAYMENT
By agreeing to Console Warehouse terms and conditions the customer acknowledges the legal responsibility of Console Warehouse and Indemnifies Console Warehouse against any claims or legal actions however related to the supply of any products or services to the customer.
Credit Card Payments/Fraud: All credit card payments must be approved by the credit card holder before purchase. If in the event a credit card has been used by third-party without the owner’s consent (i.e. Refusal by the “Client” to pay) Console Warehouse will inform the appropriate authorities of the fraud and legal action will be taken to recover any debts. The customer should also be aware that administration and legal fees which have been incurred in the pursuance of recovering of any the debt will be paid for by the individual who illegally purchased the products or services or the cardholder.
Payment after Delivery: The customer agrees that once products or services have been delivered to them if payment for any reason is cancelled or refunded by their chosen payment provider they will become legally responsible for payment of the debt.
Payment Conversions: All billing is completed in the UK pounds. Your bank will auto-convert to the day rate. You can select the most major currencies to get an estimated value by going to the menu at the top of the page and changing the store’s currency. All rates are checked live but should be regarded as an estimate. Your bank rate will differ.
Multiple Product Orders: For a multiple product order, Console Warehouse will make every attempt to ship all products contained in the order at the same time.
Shipping Charges: You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
Order Acceptance Policy: The customer’s receipt of electronic or other forms of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Console Warehouse reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
Pre-Orders: Items that are listed as pre-order will always be shipped on a first-come, first-served basis. All shipping dates given are estimated and should not be treated as a guaranteed date. It is the customer’s responsibility to always check the product page and/or the Console Warehouse website for any updates regarding shipment delays, change, or confirmation of shipping dates. Pre-Order items are not classified as Out-of-Stock items and therefore do not fall under the stated Out-of-Stock terms. No exceptions.
Order fulfilment mistakes: If Console Warehouse makes an error of supply resulting in the shipment of incorrect product to the customer you will be accepted for the return no later than 7 days from the date of receipt to the customer.
Invoice Disputes: If the customer disputes an invoice. They must inform Console Warehouse within seven days in writing or via e-mail. Outside this seven day, period Console Warehouse will assume that the invoice value has been accepted and full payment is therefore due.
EXCHANGE XBOX SALES
Console Warehouse offers our customers an Exchange Xbox service. We will provide an RGH/Jtag replacement for a customer’s own Xbox 360 unit. We provide on our website and by confirmation e-mail a full process of how the “Exchange Sales Process” works. Please read it carefully and follow all instructions fully.
WARRANTY & POLICY TERMS
Supplied Items: Items that have been supplied by Console Warehouse which are new will be covered by a 12-month warranty under the Sales of goods act 1979 (see below).
Sales of Goods Act: The Sales of Goods Act 1979 is an Act that regulates the sale of goods that are bought and sold in the UK and the binding contract between both parties. The contract of sale states that the transfer of property from a seller to a buyer is completed through a money transaction, known as the price.
Goods must determine a level of satisfactory quality for the price that the consumer is willing to pay, and meeting the description and relevant factors at the time of purchase. These factors might include the level of expectation that an item may conjure, for example, second-hand goods will provide much less expectation than that of a brand new product which will have a much higher expectation with regards to its quality and will cause concern about expectation if it has a defect.
Goods should be fit for purpose, i.e. that they are capable of carrying out the purpose for what they were designed to do. A seller should express the purpose of their goods and has a responsibility to make sure that they attain that state.
The Sale of Goods Act amendment in March 2012 states that if a fault occurs with a product within the first 6 months of purchase, the consumer is entitled to assume that it was sold to them with the defect present. This means that the goods were not of a reasonable standard at the time of purchase and the vendor is in breach of their statutory and contractual obligations, whereby the Act protecting customers through their statutory consumer rights.
Referring back to the original Act of 1979, these consumer rights covers anyone who purchases faulty goods becomes entitled to a free refund(either in full or in part), replacement or repair service, and the onus falls on the retailer to provide this.
Consoles Supplied: Our consoles because of their age fall outside the Microsoft/Sony manufacturer’s warranty and therefore the consoles are not covered by the manufacturer’s warranty and no warranty is given or implied by Microsoft or Sony.
Testing: All of our consoles are rigorously tested to ensure they are fully functional before dispatch Console Warehouse offer any warranty after the console has been shipped /posted to the customer. We offer this to give our customers peace of mind as we have never had any issues regarding our refurbishment and upgrade work in the past, and do not expect to have any in the future. If you wish to confirm this statement please take a look at our customer reviews the “Reviews” section of the console warehouse website.
Once payment from the customer for goods or services has been received by Console Warehouse it is accepted by Console Warehouse that the customer has fully accepted and agreed to our Warranty/Policy statements and terms.
On Delivery: When in receipt of goods from Console Warehouse the Customer must diligently check the goods /products delivered for damage by the shipping/postage agent.
If the goods are damaged they must inform the carrier and their customer services immediately or within 12 hours of receipt. Any delay in reporting the loss or damage to the carrier may impact on any claim.
Shipping Claims: In the event, an item has been received damaged during transit from our chosen shipping company the customer must follow the following procedure
- Inform the shipping agent/Carrier as soon as possible or within 12 hours of receipt giving them details of the damage and photos. Any delay in reporting the loss or damage to the carrier may impact on any claim.
- Inform Console Warehouse in writing as to the damage and supply 3 pictures of the damage
- Pack the item up safely and securely for shipping
- Return the item within 48 hours to Console Warehouse of delivery to the customer to the delivery address Console Warehouse provides.
On receipt of the returned goods, Console Warehouse will issue the customer a full refund less any extra shipping costs incurred.
Claims: Any damaged goods must be returned to Console Warehouse as soon as possible. Before any claims for refund can be investigated, reviewed, or accepted. By agreeing to Console Warehouse terms and conditions of service the customer also agrees that no refund can be paid to the customer by Console Warehouse for any loss or damage until the item has been returned for inspection. Once the carrier has to accept responsibility and liability and Console Warehouse will any reimbursements of funds due to the customer.
Aborted Delivery By The Carrier: If a carrier has neglected to deliver an item and assigned it for return to Console Warehouse a full refund will be given to the customer within 4 days.
Return Items Shipping: Console Warehouse cannot accept any refund claims for loss caused by the shipping or postage chosen by the customer for returns but will endeavor to challenge the carrier for a refund on the customer’s behalf. This only applies to items shipped/posted by the customer.
Console Warehouse and its employees or directors do not support or condone “Piracy” of any third party products or software. Our products, services, and software are supplied in good faith to gamers, hobbyists, and enthusiasts of gaming.
Copyright Disclaimer: Under Section 107 of the Copyright Act 1976, allowance is made for ‘fair use’ for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational, or personal use tips the balance in favor of fair use.”
The customer may not use any of our products or services for any illegal or unauthorised purpose nor may you, in the use of the products or services violate any laws in your jurisdiction. (This includes but does not limit copyright laws). You the customer must not transmit any worms, viruses, or any code of a malicious or destructive nature.
By ordering a product, service, accepting a quotation, or making an invoice payment the customer confirms that they have read, understood, and agree to the Terms and Conditions of this Agreement. The customer also agrees that these Terms and Conditions are legally binding and a contractual agreement between the customer and Console Warehouse.
GENERAL TERMS & CONDITIONS
Console Warehouse reserves the right to refuse service to anyone for any reason at any time.
The customer understands that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by Console Warehouse
All headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and conditions of service.
The customer also agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and conditions of service.
Timescales: In any instances that a time scale or schedule has been given by the customer if the deadline is not met Console Warehouse will not be held responsible for any losses incurred by the customer.
Illness & Other Unexpected Events: Offering our Clients a continuous service is one of Console Warehouse’s main goals however our client agrees that Console Warehouse cannot be liable for the absence of service as a result of illness or other unplanned events.
Outside Console Warehouse Control: The client agrees that Console Warehouse cannot be held liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism, and war or any act or omission of any third party services.
Liabilities: Console Warehouse cannot be held liable by the Client for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
Terms Agreement: By agreeing to Console Warehouse terms and conditions your statutory rights are not affected.
We are committed to providing a high-quality efficient service to all our clients. In the unlikely event that you are unhappy with our service, we want you to tell us about it. This will help us to improve our standards of service to our clients.
If you have a complaint, please contact us in writing or via e-mail with as much detail as possible. We will acknowledge receipt of your complaint initially as detailed below. In order to carry out a full investigation into the circumstances surrounding your complaint, we will need time to ensure we consider your complaint carefully and will respond in seven days or receipt.
What happens next?
Console Warehouse will use the following procedure in dealing with your complaint:
- Initially, Console Warehouse will send you a letter acknowledging receipt of your complaint within three days of receiving it, enclosing a copy of this procedure
- We will then investigate your complaint. This will normally involve passing your complaint to a Director who undertakes the investigation.
- the Director will call you to discuss your complaint with you within 24 hours of receiving your complaint
- Within three days of contact, the Director will confirm any decisions which have been made with regards to your complaint
- At this stage, if you are still not satisfied, you should contact us again and we will arrange for another Director unconnected with the matter to review your complaint carefully and make a final decision
- You may receive a further call from a Director to establish any other details
- This decision will be sent to you in writing confirming our final decision.
LIMITATION OF LIABILITY
Limitations of Liability covering services provided by Console Warehouse are in accordance with the company’s Public Liability Insurance.
Console Warehouse agrees to follow the purchase instructions of the customer in good faith. Therefore the customer agrees to indemnify Console Warehouse in full, against unlawful acts which may give rise to any legal claim on resulting in pursuance of penalties, damages, costs, legal expenses whatsoever arising, which may occur as a result of following the client and or instructing principle instructions.
The Client will indemnify and keep fully indemnified its officer’s employees or other agents against any third party claim or action made or instituted against any of them in respect of any losses, damages cost or other expenses in connection therewith (including without limitation any payment by Console Warehouse legal advice to settle any such claim or action) which is either due to the Client (by act or omission) rendering the Information given to Console Warehouse inaccurate or incomplete or arise otherwise in connection with this agreement but (in connection only to the Client’s use of Console Warehouse Services) save to the extent that Console Warehouse is in default.
Console Warehouse shall have no liability to the client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if Console Warehouse has been advised of the possibility of such damages
Force Majeure: In the event of either party being rendered unable wholly or in part by force majeure to carry out its obligations under this agreement it is agreed that on that party giving notice of such force majeure to the other party with reasonable promptness the obligations of the party giving such notice so far as they are affected by such force majeure shall be suspended during the continuation of the same it is agreed that each party shall use all reasonable endeavors to remove or avoid such force majeure with all reasonable dispatch.
The term “force majeure” as used herein shall mean acts of God, strikes, lockouts or other industrial disturbances, acts of public enemy, wars, blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fire, storm, civil disturbances, terrorism, governmental or quasi-governmental regulations, and directions and any other cause not within the reasonable control of the party claiming suspension all of which by the exercise of due diligence such party is unable to prevent.
In the event that the obligations of either party are suspended (as aforesaid) by reason of force majeure for a period in excess of 30 days then either party to this agreement may on giving written notice to the other terminate this agreement.
Revision of Terms & Conditions: Console Warehouse reserve the right to revise their “Terms and Conditions” at any time. Console Warehouse will inform the customer in writing of any changes made and if no contact is made by our “Client within seven days Console Warehouse will presume the customer is happy with the updates and agree to the new “Terms and Conditions”
Any breach of any of the terms or conditions of service will result in immediate termination of services and result in legal action being taken by Console Warehouse
On receipt of goods or services from Console Warehouse, it is the Client’s responsibility to ensure that the items supplied are used in a lawful and appropriate manner. The Client must obtain all the necessary permissions, copyrights, and authorities in respect of the use of items purchased from Console Warehouse.
Console Warehouse and its suppliers, employees, or directors do not support or condone “Piracy” of any third party products or software. Our products, services, and software are supplied in good faith to gamers, hobbyists, and enthusiasts of gaming. On receipt of goods from Console, Warehouse customers are requested to act responsibly and adhere to copyright and authorities with the use of the goods supplied.
By agreeing to Console Warehouse’s terms and conditions the Customer acknowledges the legal responsibility of Console Warehouse and Indemnifies Console Warehouse against any claims or legal actions however related to the supply of any products or services to the customer.
When receiving goods supplied by Console Warehouse the Customer must make every effort to receipt the goods themselves as allowing a third party to accept them may result in any claims not being delivered upheld. If goods have arrived damaged the Client must inform Console Warehouse in writing within 12 hours of receipt of their goods.
Console Warehouse will work within prescribed delivery dates quoted on our website. If the customer does not receive the products within the prescribed time the “Client” must inform Console Warehouse in writing within 24hour of the expiry of the final expected delivery date.
By ordering a product, service, accepting a quotation, or making an invoice payment the customer confirms that they have read understood and agree to the Terms and Conditions of this Agreement and have entered into a “Contractual Agreement” with Console Warehouse to supply goods or services. The Client also agrees that these Terms and Conditions are legally binding.
It is the customer’s responsibility to make sure you understand the full purpose of the products, device(s) before you purchase it. We do not provide refunds on any opened or used merchandise if the item is not deemed defective.
Console Warehouse is not responsible for the customers’ ability to use or install any of the item(s) we sell. It is up to the customer to fully research how to use or install any item(s) prior to purchasing from Console Warehouse. In some cases, items may require certain skills in order to be installed successfully for use (i.e.: Downloading, PC, updating, using special tools, etc.).
In the event of product misuse Console Warehouse is not responsible for any damages that may occur while using any of the products we supply. Any damage that may occur is the responsibility of the customer and Console Warehouse does not accept any liability.
The customer is responsible (With no acceptations) for all shipping charges this includes any returned parcels due to incorrect details or address supplied.
It is the responsibility of the customer to conduct themselves in an appropriate manner when dealing with Console Warehouse its company and/or staff. Any acts of aggression or profanity will not be accepted, please respectfully ask any questions or work with Console Warehouse to resolve any concerns you may have.
Console Warehouse reserve the right to terminate contact and/or communication if the guidelines above are not followed. No compliance may also result in the banning of the customer from placing any future orders with Console Warehouse or logging onto the Console Warehouse.com website.