Terms & Conditions
FunStock Ltd (GB) Limited, trading as FunStock.co.uk ("FunStock", "Us", "We" or "Our"), a company registered in England and Wales (company number 6401904) whose registered address is at: 1 Barley Rise, Baldock, Hertfordshire, SG7 6RT . Our VAT registration number is GB 921018858.
We reserve the right to update the Terms and Conditions at any time. When We do so, We will provide access to the new Terms and Conditions on the Site home page. The new Terms and Conditions will take effect immediately, and will govern all transactions with Us through the Site. If you do not agree with the new version of the Terms and Conditions, you must cease to use the Site.
Accessing the Site
We cannot guarantee that the Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site or any computer system, server, router or any other internet-connected device.
We cannot and do not guarantee or warrant that any content of the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
We reserve the right, at our discretion, to withdraw, suspend or modify the Site or certain features or parts of the Site with or without notice to you, where We have reason to do so. There may also be times when the Site or certain features or parts of the Site become unavailable, whether on a scheduled or unscheduled basis. You agree that We will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of the Site or any service available on or through the Site.
We do not accept liability for any losses or claims arising from any inability to access the Site or any failure to complete a transaction.
Using the Site
This Site is for personal and commercial use.
In using the Site and information available from the Site, you agree that you will not:
(a) post, disseminate or transmit unauthorised advertisements or promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
(b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content;
(c) impersonate any person or entity, or fail to state or otherwise misrepresent an affiliation with any person or entity;
(d) engage in any activities in order to withhold or cloak identity or contact information;
(e) send harassing and/or threatening messages to others;
(f) engage in "flooding" - i.e. ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address);
(g) use the information available on the Site for any illegal, immoral or anti-social purpose, in violation of any applicable laws or regulations or in a manner which is or may be damaging to Our name or reputation;
(i) electronically stalk or otherwise electronically harass another; or
(j) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission.
You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that:
(1) contains personally identifiable information belonging to minors;
(2) is for commercial purposes or contains advertising or is intended to solicit a person to buy or sell services or to make donations.
Accuracy of information
We will use reasonable endeavours to ensure that information on the Site is accurate, but commentary and other material posted on the Site are not intended to amount to advice or authority on which reliance should be placed. Except to the extent that Our Trading Terms apply (as set out below), We make no representation or warranty that any information is accurate, complete or up-to-date and, to the fullest extent permitted by law, We accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone to whom you communicate such information.
All content on the Site is protected by copyright. We, or Our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content. Except as expressly set out in these Terms & Conditions, nothing shall give you any rights in respect of any intellectual property owned by Us or Our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, Our name, trade marks, logos or other proprietary marks, or any of the content of the Site, in whole or in part, except as provided in these Terms & Conditions.
You may download information from the Site for your own personal non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without Our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trade mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
Whilst We are always happy to hear from you, it is Our policy not to accept or consider creative materials, ideas or suggestions other than those We specifically request. This is to avoid any misunderstandings if your ideas are similar to those We have developed independently. Therefore, We request that you do not send to Us any original creative materials such as original artwork etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by Us or our affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. We are free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
As a customer of our site we (or our preferred partners) may contact you from time to time with promotional offers and information. If you do not wish to receive these, please send an email with the subject heading "unsubscribe" to "firstname.lastname@example.org"
Your Site account
You may create an account on this Site by clicking on the Your Account link on the homepage and following the on-screen prompts. Please note that you will be required to supply information including a valid email address and your home address. This needs to be the registered address of your chosen payment card. Incorrect details may result in the rejection of your order.
You can amend your details at any time by logging in or while placing your next order. To do so , either select 'change your details' on the 'checkout' screen or log in and navigate to your account pages and follow the relevant links.
Note that We reserve the right to suspend or terminate your account if it is or appears to Us to be used in breach of any of the provisions of these Terms and Conditions, including the provision of false registration details or any other misuse of the Site. Any person who holds such a suspended or terminated account must not re-register on the Site without Our prior consent.
We assume no responsibility for the contents of any other web sites to which the Site has links and We do not endorse the material on any linked web site. The provision of any links does not imply We have any association with their operators. We shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or in reliance on any content, goods or services available on such hyperlinked sites.
We continue to review Our service to ensure that customers keep coming back to Us for more than just great value in all the products we sell.
Pricing on the Site may vary from FunStock prices on other sites. In any instance where the online price is lower please contact email@example.com with a link to the cheaper price and we will endeveour to match the price wherever possible.
The prices of products advertised for sale on the Site are as set out on the Site, errors and omissions excepted. All prices are in pounds (£) sterling (except where specified), inclusive of VAT at the current rates, but excluding delivery charges (except where specified). Delivery charges will be clearly set out when you place your order and will be added to the total amount due once you have selected a delivery service from the options available. Prices and delivery charges displayed are valid and effective only in the United Kingdom.
Prices may change at any time prior to acceptance of your order.
In the unlikely event that the price of an item has been incorrectly advertised on the Site, We will usually contact you to ask whether you wish to proceed with your order at the correct price. If you are not happy to proceed, or We are unable to obtain your instructions, We will cancel your order and any sum debited by Us from your debit/credit card will be refunded in full to the same card. We will not be obliged to supply products at the incorrect price.
Any product with a BBFC (British Board of film Classification) rating will be clearly described as such on the product page for that item. For further information on BBFC ratings, see the Video Standards Council Website or the Ask About FunStock's Website.
Warning: It is an offence to attempt to buy a certificated title if you are under the required age or to attempt to purchase any such title on behalf of an under age third party.
Persons placing orders for the purchase of products on the Site, confirm that they are of the appropriate age to receive and view the specified certification of the title(s) so ordered.
Any person ordering a product for a third party hereby certifies the intended recipient of the order is of the appropriate age to receive and view the specified certification of the title(s) so ordered.
We reserve the right not to supply any age-restricted product where We reasonably believe that a customer is below the relevant minimum age.
We have taken reasonable steps to display as accurately as possible the pack shots, product descriptions, screen shots, specifications and other detailing of Our products in the images that appear on the Site. However, as the actual detailing you see onscreen will depend on your monitor, We cannot guarantee that your monitorÂ´s display of such detailing will exactly reflect the detailing of the product upon delivery. All detailing of products is subject to change and may not represent the finished product.
Offers cannot be used in conjunction with any other offer (online or otherwise). We reserve the right to restrict offers to one purchase per household at our discretion. All offers are subject to availability while stocks last. Offers may be withdrawn without any notice.
The feature on the Site of a product does not constitute a guarantee of its availability. Products, prices and technical requirements are subject to change at any time without notice.
Please note that the Site stocks PAL UK games, consoles, accessories only (except where otherwise stated).
Orders for Sales & Purchases
You may place an order to purchase a product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order (by 'submitting your order' on the 'review and confirm' page of the checkout procedure).
All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances. On any such occasion We will email you to make you aware as soon as it is possible to do so.
You will receive an email, once your order is in process detailing your order reference and details of the product(s) you have ordered. Please note that this email is an acknowledgement only and is not an acceptance of your order.
Acceptance of your order and the formation of a contract between you and Us will take place when We send you an email confirming that the products you have ordered are being despatched to you, unless We have notified you that We do not accept your order or you have already cancelled it in accordance with the provisions below (see Cancelling an Order).
Although We endeavour to give accurate stock availability information on the Site occasionally products you order may not be available. If this happens We will cancel your order, send you an email to confirm the cancellation and any sum debited by Us from your debit/credit card will be refunded in full to the same card.
These are orders for items that have not yet become available. You may be able to make a pre-released order using the Site, and where possible (and subject to availability) such orders will be shipped to you on the day prior to release, in order that you may receive it on the release date. Release dates are set by the manufacturers and are subject to change. As a result We are not liable for any changes to a pre-release date advertised by Us.
Pre-release orders will be supplied at the price applicable at the time of order, or the price applicable when your order is processed prior to despatch, whichever is lower.
Your card will be charged the full amount at the point of sale and your order will then be dispatched in time for release.
We cannot accept your order until you have paid for it in full. You can pay by all major credit or debit cards (except American Express). Payment will be charged at the point of submitting your order, usually just before despatch.
For pre-release orders your card will be preliminarily checked for security purposes. You will be charged for the full amount of your order at the time of purchase. Should the release date move, you will be informed by email and have the option of either a) to proceed with your order or be b) a full refund.
Upon submitting your order, you confirm that the payment card that is being used is yours, and you meet the age restrictions for the title purchased.
All credit/debit card holders are subject to validation and fraud checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, We will not accept your order, We will not be obliged to inform you of the reason for the refusal and We will not be liable for any delay or non-delivery. We are not responsible for your card issuer charging you as a result of Our processing of your credit/debit card payment in accordance with your order.
You authorise Us to debit your nominated payment card to recover all charges and amounts due and owing to Us.
Subject to availability, We will use reasonable endeavours to deliver the products you have ordered as soon as possible after your order is accepted by us. You shall be given an estimated time for delivery at the time your order is placed. If the goods are not available for delivery within 30 days of being ordered you shall be entitled to cancel your order and receive a full refund of any monies paid. Orders for in stock, non pre-release products placed before 1pm are usually dispatched same day.
We do not ship to PO Box addresses. Further information about our delivery areas, delivery charges and estimated delivery times is set in our Delivery Information
Delivery charges will be clearly set out when you place your order and will be added to the total amount due once you have selected a delivery service from the options available. Prices and delivery charges displayed are valid and effective only in the United Kingdom (except where otherwise stated).
We deliver the products ordered to the valid delivery address which you supply. Orders over £200 can only be despatched to the card holder's address. We cannot deliver items within the same order to multiple addresses. We currently offer worldwide delivery. Certain deliveries may require a signature to confirm receipt.
We will advise you by email if there is likely to be a delay in despatching your order. We reserve the right at Our discretion to ship orders only to the billing address.
If you order two or more items from Us and one of those items is not in stock, We will contact you (using the details you provide to us when ordering or in your Site account) to discuss changes to your order. There will be no extra postal charges for orders where delayed items are sent separately.
Once delivered (or collected), the products ordered will become your property (provided they have been paid for in full) and your responsibility. Except in relation to products that are damaged or faulty when delivered or which have been incorrectly delivered, We will not accept any liability for their loss, damage or destruction after they have been delivered.
Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for non-UK deliveries, some of our products may not be available for delivery to certain destinations outside of the UK. We reserve the right to define what can and cannot be delivered to destinations outside of the UK.
Please note that many countries have import restrictions on certain products or materials. The products you order for delivery to destinations outside the UK may be subject to duties, taxes or additional levies upon importation. These duties or taxes are levied once the product reaches the country of destination and you are responsible for paying any such costs.
Please note that you will be considered the importer of record when ordering goods from this Site for delivery overseas. You are responsible for determining whether there is any restriction on delivery of our products to your selected destination and you must comply with all laws and regulations of the country in which you are receiving the goods. We recommend you contact your local customs authority or post office (where applicable) to learn more about customs restrictions and possible costs prior to placing an order.
You can check the current delivery status of your order at any time by logging in to your Site account. In addition, We will send you an email (to the email address you supply when you register with the Site) alerting you of any change of status of your order including when we've despatched your order.
Your order should arrive within not more than 10 days of despatch (not including Sundays) for domestic orders or 28 days of despatch for international orders. This maximum delivery period shall have elapsed before we will consider claims for lost in transit consignments. If you suspect a delivery to be overdue then please either send Us a message via the Contact Us facility on the Site or email the Customer Services Department at firstname.lastname@example.org.
If the required number of working days has elapsed then print out the Royal Mail Claim Form below and complete it, remembering to include your signature. You can post the form to FunStock, 1 Barley Rise, Baldock, Hertfordshire, SG7 6RT or email it to email@example.com. Remember to keep proof of postage. If you are able to scan your form with a valid signature you can email it to: firstname.lastname@example.org
Please note this applies to UK standard post orders only.
For queries on International or Parcel Force orders please contact Customer Services.
Cancellations and Returns Policy
You may cancel your order (or any part of it) at any stage before it is delivered to you. Please note that it may not be possible to stop despatch of the products you have ordered and you will need to return the products in accordance with the provisions set out below.
You may cancel your order by contacting Us by email or post in accordance with the following provisions.
Unless items are damaged or faulty when delivered, you may only cancel your order if:
(i) in the case of new software the items are as new, in a saleable condition, unused, undamaged and still in the original sealed packaging;
(ii) in the case of pre-owned software and/or hardware the items are in the same condition they were in when we delivered them to you, have not been used by you (except to the extent reasonably necessary to examine them), are undamaged and, in the case of any game or other computer software, provided that it is still in the original sealed packaging (if applicable).
If you are cancelling an item purchased in a discounted or promotional offer all items purchased in any offer are part of the same contract and have to be returned if you wish to receive a full refund. If all the items are not returned the refund will be adjusted accordingly, at Our discretion. To partially cancel your order for a combined product you will need to contact our Customer Services Department.
All products should be returned within 14 days of you cancelling your order. Until such time as they are returned to Us, you must retain possession of the items and take reasonable care of them.
All products must be returned with the original packaging. Products should be posted in appropriate protective packaging. We advise that on any return you obtain a certificate of posting and retain this for your records and that you take out sufficient postal insurance to cover the value of the returned products.
If you cancel your order, any sum debited by Us from your debit/credit card will be refunded in full to the same card.
Damaged or Faulty Products
In the unlikely event that any product you purchase is damaged or faulty when delivered to you, or is not what you ordered, We may offer a repair, exchange or refund as appropriate, in accordance with your legal rights.
If you believe a product is faulty or damaged prior to delivery to you please return the item to us.
Our policy on damaged and faulty products does not affect your statutory rights.
You are responsible for the use you make of the products you order. To the extent not prohibited by law, We accept no liability for indirect, special or consequential losses; any loss which is not reasonably foreseeable; or any business losses of whatever nature (including loss of profits, contracts, goodwill, opportunity and other similar losses) arising out of or in connection with the use of the Site or any products or services purchased from the Site.
We shall not be liable for any delay or failure to perform any of Our obligations insofar as the performance of such obligations is prevented by an event or by matters beyond Our reasonable control.
We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
Nothing in this section or elsewhere in these Terms & Conditions affects your statutory legal rights.
You agree to be bound by any terms and conditions imposed by the distributor or producer of any product or service or any other copyright material and in particular you must not:
(a) make copies of material supplied to you by Us for sale or rental or for any other reason whatsoever; or
(b) show any copyright material in a public place or for profit.
All products are priced in GBP (British Pounds), the currency selector provided by Funstock Digital displays this price converted to either USD (US Dollar) or EURO using the prevailing exchange rate of the day. Please not that this does not represent an offer to transact in this currency and all transactions will be completed in GBP. The final value paid for converted product is determined by the customer’s bank and will include any charges or commissions they chose to apply. Funstock Digital will not be held liable for any price difference between the value displayed on the website and the final value paid by the customer. No refunds or returns will be offered in circumstances where the customer incorrect assessed the final value they would pay.
In the event that any part of these Terms and Conditions are held to be illegal, invalid or unenforceable, such provisions will be severed and the remainder of these Terms and Conditions shall continue in full force and effect.
Failure by Us to enforce a right does not result in a waiver of such right. You may not assign or transfer your rights under these Terms & Conditions.
You and We agree that English law applies to these Terms and Conditions and that any dispute between us arising out of or in connection with these Terms and Conditions will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply. We reserve the right to terminate your access to this Site and any use of Our online services at any time with or without cause or notice.
A copy of these Terms and Conditions are available on written request to: Terms and Conditions, FunStock, 1 Barley Rise, Baldock, Herts, SG7 6RT
Any formal legal notices should be sent to Us at the address at the end of these Terms & Conditions.
If you have any queries concerning Our service, the Site or any products you purchase from Us (for example technical problems) please contact Us on:
Telephone: 01462 683763 (local rate throughout the UK) Monday to Friday, 9am to 5pm
Post: FunStock, 1 Barley Rise, Baldock, Herts, SG7 6RT
These terms and conditions were last updated on 28th April 2014.