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AccessoriesTerms & Conditions - v1.2 - Revised 13th June 2008
These terms and conditions help to keep the www.gameworlddirect.co.uk website a safe place to trade and set out the full extent of any agreement reached between you and Game World Direct (Fraghost LTD) in connection with this site. You should understand that by placing an order, you accept the following terms and conditions:
LEGAL DISCLAIMER:
In many countries it is legal to install and use an electronic upgrade in your personal game console. However the copying of games is illegal in many (if not all) countries. Some countries laws do not allow you to use backups, even if you own the original, It is the responsibility of the customer to check your own country's laws, and respect them. If you have the right to make backups, this means that you have bought the original license to use this game. The GWD Team, nor any other associated companies condone the illegal copying and/or distribution of computer software for game consoles or any other format. You must act accordingly to the laws of your country! Respect the laws, Respect the gaming industry, and use our products accordingly in its original state.
The intended purpose of our Electronic Device Products is to allow you to use your game console to play homebrew software, 3rd party software, imports and backups of software that you legally own or developed by yourself, for preservation, maintenance and servicing purposes which is allowed by the law.
The products are delivered with completely blank & removable EPROM. Without the EPROM, or with a blank EPROM the device will function on a games console, but without any features of the public domain Flash File specifications. The product as delivered to the end user breaks no circumvention laws from any country in any way whatsoever. There will be many Flash Files in the public domain for you, the end user, to experiment with.
Offering many varied features and functions - the choice is yours! If any Flash Upgrade fails or if the Flash File is corrupt in some way, you can perform the operation time and time again without any risk of damage to the product or your Games Console, as the product in it's default legal status will work without a flash file, with an empty flash file, or even with corrupted flash file! In it's Default Legal Status, the product will not apply any patch to games console Bios or Controller. The Flash content is yours to do with as you please and can be updated an unlimited number of times.
Please note that any modification to any console will void the manufacturers warranty, and that by purchasing from GWD you are accepting that you are aware of all information listed in this disclaimer.
General
- The owner of this web site is Fraghost LTD whose Registered office (THIS ADDRESS IS NOT OUR GOODS RETURN ADDRESS, PLEASE DO NOT SEND ITEMS TO THIS ADDRESS, FOR RETURNS AND OTHER POST, PLEASE SEE OUR RETURNS POLICY) is Fraghost LTD, Bank Chambers, 3 Churchyardside, Nantwich, Cheshire, CW55DE. Registration number 6420692.
- Your contract for purchases made through this web site is with Fraghost LTD, and you undertake that any and all goods ordered by you are for your own private and domestic use only.
- You agree that e-mail can be used as a long-distance means of communication.
- No contract for the sale of any product will subsist between you and Fraghost LTD unless and until Fraghost LTD accepts your order by way of an e-mail confirming that it has received payment in full for all the goods you have ordered. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Fraghost LTD sends the e-mail to you (whether or not you receive that e-mail). This confirmation e-mail amounts to an acceptance by Fraghost LTD of your offer to buy goods from Fraghost LTD or a 3rd party supplier that is engaged on your behalf by Fraghost LTD.
- This confirmatory e-mail will contain all relevant statutory information concerning your contract.
- The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with paragraph 32 below from time to time.
- You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
- Fraghost LTD will not pass on your personal or credit or debit card details to any third party.
- You undertake that all details you provide to Fraghost LTD for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
- If there are any changes to the details supplied by you it is your responsibility to inform Fraghost LTD as soon as possible.
- Your statutory rights are not affected (in particular see below as to your rights to withdraw from the contract) but otherwise all purchases are non-exchangeable, non-refundable and non-transferable.
- You may cancel your order at any time prior to your order being processed by clicking on the ‘cancel’ link next to the product ordered on your account page on the website. We can also accept cancellations by by post or by calling 08700 424 602 during normal office hours.
You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 7 working days from the day after you receive the product by:
12.1 sending the notice of cancellation by post to the address listed below or calling the office. 12.2 where you have already received the goods, returning the goods to Fraghost LTD unopened together with the original invoice within 7 working days from the date that you received the goods.
Fraghost LTD will then refund you the purchase price of the goods.
- Once Fraghost LTD receive notification from you that you wish to withdraw from the contract (in accordance with these terms) any sum debited to Fraghost LTD from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by Fraghost LTD in the condition that they were in when delivered to you.
- This Liability section applies only to the extent permitted by law. For the avoidance of doubt, Fraghost LTD do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from Fraghost LTD’s negligence or wilful default, or that of Fraghost LTD’s employees, agents or subcontractors or (b) fraudulent misrepresentation.
- Fraghost LTD does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, specifications and descriptions of listed goods, products and services.
- Fraghost LTD will do its best to correct errors and omissions as quickly as practicable after being notified of them.
- TO THE FULLEST EXTENT PERMITTED BY LAW, Fraghost LTD IS PROVIDING THIS WEB SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, Fraghost LTD DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.
- In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Fraghost LTD shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify Fraghost LTD of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
- Fraghost LTD do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Fraghost LTD website or for any products or services purchased from the Fraghost LTD.
- Fraghost LTD will only be liable for direct loss up to a maximum total of the price of the product or service purchased in respect of any claim.
- All electrical products are covered by a 12 month manufacturer's warranty. If your product develops a fault while under warranty, please contact Fraghost LTD and we will advise you where to send it for repair. It is a "return to base" warranty therefore there will be a delivery charge to return the product back to the relevant UK service centre.
- Credit and Debit cards are debited before items are shipped by Fraghost LTD. All prices include sales taxes (where applicable) unless otherwise stated. Shipping is charged on a weight basis, and can be altered at any time without notice.
- Fraghost LTD aim to arrange shipment of all in stock items within 48 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. Fraghost LTD are not able to supply dates our suppliers may get an item in stock.
- You can keep track of your order status yourself on-line with the order tracking facility on your account page. Our standard Returns Policy applies to all purchases from Fraghost LTD.
- The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in instalments.
- Title to any product ordered will pass to you once Fraghost LTD has received payment in full for that product.
- If your delivery address is outside of the U.K. you maybe subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; Fraghost LTD advises each customer to contact their local customs office for further information.
- From time to time Fraghost LTD may engage a 3rd party to fulfil orders, a contract for the sale of these products will be made between the 3rd party supplier and yourself.
- Please note that when shipping products internationally you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
- For Christmas Deliveries we recommend that you order by the 10th December. We will endeavour to dispatch all 'In stock' orders within 24 hours, however we cannot guarantee delivery on or before the 24th December as the post may be delayed in your area.
- It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. Fraghost LTD uses FRAUD CHECKING METHODS to track the electronic 'fingerprints' of every order placed on Fraghost LTD to enable them and us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
- Fraghost LTD may amend these terms and conditions from time to time, and place the new version on the website. When Fraghost LTD do so, Fraghost LTD will mention the fact on our home page (www.gameworlddirect.co.uk). All purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms.
- These terms and conditions shall apply when Fraghost LTD accepts your order by e-mail confirming that it has received payment in full for all the goods you have ordered. They shall supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between Fraghost LTD and you relating to your purchase. Fraghost LTD advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by Fraghost LTD.
- You are advised to read (and are responsible for reading) all information on this website fully.
- If any of these terms are held to be invalid or unenforceable, those terms will be struck out and the other terms remain.
- These terms and conditions are subject to the laws of the United Kingdom, and will be held up to the fullest extent of the law.!!
- Should we be unable to repair your console, this will be returned, the same way it was received, no refunds will be given (Due to postal and labour costs).
