Terms & Conditions
TERMS & CONDITIONS
General Information
Business Address: Blackhawk Gaming, Unit 13A The Old Sawmills, Halves Lane, East Coker, Yeovil, BA22 9JJ.
The following are the terms and conditions for any order for Blackhawk Gaming to supply goods and/or services. The terms and conditions may only be varied, in writing, by an authorised representative of Blackhawk Gaming. Acceptance of these Terms and Conditions shall be implied by a customer’s acceptance of a quotation for services, or by a Customer’s order for goods or services whether online, verbally or in writing.
INTERPRETATION
In these Conditions the following words and expressions have the following meanings:-
“Seller” means Blackhawk Gaming
“Seller’s Website” means the website published by the Seller on the World Wide Web of the Internet with url: http://blackhawkgaming.co.uk
“Buyer” means the individual, organisation, company or entity whose offer for the Goods is accepted by the Seller
“Website User” means someone who interacts with the Seller’s website in any way
“Conditions” means the Seller’s standard terms and conditions of sale, as set out herein, together with any future amendments, modifications and/or revisions thereto
“Goods” means the goods (including any instalment or part of them) which the Seller is to supply to the Buyer in accordance with these Conditions (which Goods shall be shown on the Seller’s Website or on the sales order acknowledgement document in respect of the Goods issued by the Seller to the Buyer)
“Online Order” means an order for Goods from the Buyer submitted to the Seller through the Seller’s Website by completion of the staged ordering process set out therein through submission of forms and following a series of hypertext links as directed on the Seller’s Website
“Online Order Confirmation” means confirmation in Writing by the Seller of acceptance of an Online Order issued prior to the supply of the Goods to the Buyer
“Writing” includes electronic email
1. PRICE AND DESCRIPTION
1.1. The description and price of the goods you order will be as shown on the Seller´s website at the time you place your order.
1.2. All pictures and videos of our products are for illustration purposes only.
1.3. The goods are subject to availability. If the goods or parts of the goods ordered are not available, the Seller will inform the Buyer as soon as possible with logical alternatives, remove the unavailable part entirely and supply the rest of the goods or will substitute any missing parts with an equivalent part if available. If applicable the Seller will refund or re-credit the Buyer for any sum that has been paid by them or debited from their payment method for the goods.
1.4. Every effort is made to ensure that prices shown on the Seller´s website are accurate at the time the order is placed. If an error is found, or pricing has been affected by fluctuation, the Seller will inform the Buyer as soon as possible and offer them the option of reconfirming their order at the correct price, or cancelling their order. If the Seller does not receive an order confirmation within 14 days of informing the Buyer of the error, the order will be cancelled automatically. If the Buyer cancels the order, or if the order is cancelled automatically due to the expiry of the 14-day period, the Seller will refund or re-credit any sum that has been paid by the Buyer or debited from their credit card for the goods.
1.5. In addition to the price, the Buyer may be required to pay a delivery charge for the goods, which will be made known to them prior to completion of the transaction.
2. PAYMENT
2.1. Payment for goods and/or services shall be due to the Seller (by a non-Account Customer) at the point of order, unless otherwise stated in writing.
2.2. In default of any payment on the due date and without prejudice to any other rights or remedies the Seller reserves the right to demand immediate payment of all outstanding balances owed by the Buyer to the Seller whether or not then due.
2.3. Interest (both before and after any judgement) shall be charged on outstanding balances due by the Buyer to the Seller at the rate of 8 per cent per annum above Bank of England base rate from time to time (to accrue pro rata on a daily basis from the due date for payment until the date of actual payment).
2.4. The Buyer shall not be entitled to withhold or set-off payment for Goods delivered for any reason whatsoever. The Seller may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Buyer against any amount payable by the Seller to the Buyer.
2.5. In the case of a Buyer who is a credit account holder with the Seller, the Seller shall be entitled in its sole discretion to suspend or terminate the Buyer’s credit account if the Buyer fails to make a payment when it becomes due or if the Seller otherwise reasonably believes that the Buyer has failed or will fail to comply with the terms of the credit account.
2.6. The Buyer shall indemnify the Seller forthwith on demand from and against any legal or other expense incurred by the Seller in the collection of any sums outstanding from the Buyer to the Seller, including without limitation, legal costs and fees.
3. WARRANTY
3.1 See separate web page for warranty details. https://www.blackhawkgaming.co.uk/warranty/
4. TITLE RETENTION
4.1. Until the purchase price of the Goods and all other indebtedness of the Buyer to the Seller shall have been paid or satisfied in full, the property in the Goods shall remain vested in the Seller.
4.2. Until the title in the Goods has passed to the Buyer:-
4.2.1. the Buyer shall not purport to be the owner of the Goods
4.2.2. the Buyer shall insure the Goods (for their full reinstatement value) against theft or any damage howsoever caused until their price has been paid in full or until their sale whichever shall first occur and the Seller shall be entitled to call for details of the insurance policy to be provided to it
4.3. Nothing in these Conditions shall:-
4.3.1. Entitle the Buyer to return the Goods or to delay payment for the Goods; or
4.3.2. Constitute or be deemed to have constituted the Buyer as the Seller’s agent; or
4.3.3. render the Seller liable to any third party for any unauthorised representation or warranty made or given by the Buyer to such third party in relation to the Goods; or
4.3.4. prevent the Seller from maintaining an action for the price of the Goods not withstanding that the property in the Goods may not have passed to the Buyer.
5. DELIVERY
5.1. We endeavour to use a postage/delivery service that ensures safe and timely delivery keeping any transport issues to a minimum.
5.2. Any dates specified by the seller for delivery of goods and/or services will be given in good faith but are approximate only.
5.3. Subject to other provisions of these Conditions, the seller shall have no liability to the Customer for any loss (including loss of profit) costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the goods and/or the provision of services (except in the case of Consumer Customers), if caused by the seller’s negligence or breach of contract.
6. RETURNS
6.1 See separate web page for returns policy. https://www.blackhawkgaming.co.uk/returns-information/
6.2. Either Seller or Buyer can cancel an order prior to your acceptance of the quotation. The Seller reserves the right to levy a small charge to cover any subsequent administrative expenses.
6.3. An online order can be cancelled within 14 days of delivery. See separate web page for returns information. https://www.blackhawkgaming.co.uk/returns-information/
8.6. An order (not online) from the Buyer may not be cancelled by the Buyer after Acceptance except with the agreement in Writing of the authorised representatives of the Seller and on terms that the Buyer shall indemnify the Seller in full forthwith on demand from and against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of the cancellation (whether directly or indirectly) by the Buyer of that order.
7. SELLER’S WEBSITE TERMS OF USE
7.1. The content of the pages of the Seller’s website is for the Website User’s general information and use only. It is subject to change without notice.
7.2. The Seller’s website uses cookies to monitor browsing preferences. If the Website User allows cookies to be used, the personal information may be stored by the Seller for use by third parties. See separate privacy policy.
7.3. Neither the Seller nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. The Website User acknowledges that such information and materials may contain inaccuracies or errors and the Seller expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
7.4. The Website User uses any information or materials on the Seller’s website is entirely at their own risk, for which the Seller shall not be liable. It shall be the Website User’s own responsibility to ensure that any products, services or information available through this website meet their specific requirements.
7.5. The Seller’s website contains material which is owned by or licensed to them. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
7.6. All trademarks reproduced in the Seller’s website, which are not the property of, or licensed to the operator, are acknowledged on the website.
7.7. Unauthorised use of the Seller’s website may give rise to a claim for damages and/or be a criminal offence.
7.8. From time to time, the Seller’s website may also include links to other websites. These links are provided for the Website User’s convenience to provide further information. They do not signify that the Seller endorses the website(s). The Seller has no responsibility for the content of the linked website(s).
7.9. The Website User’s use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
8. GENERAL
8.1. These Conditions are the only terms upon which the Seller offers and agrees to contract with the Buyer for the sale and purchase of Goods. Any contract made between the Buyer and the Seller for the sale and purchase of the Goods shall incorporate and be subject to these Conditions which shall govern such contract to the exclusion of any other terms and conditions subject to which any offer is made or purported to be made by the Buyer. In no case shall the Buyer’s conditions of purchase apply to such contract.
8.2. Whilst every effort is made by the Seller to ensure that no such error or omission occurs, any typographical, clerical or other error or omission in any sales literature, website-based information, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction by the Seller at any time without any liability on the Seller’s part.
8.3. The Seller’ advice regarding the performance of a custom-built system is a best estimate. This is not a guarantee of performance.
8.4. Unless otherwise agreed in Writing, the Seller reserves the right to despatch or deliver Goods, or components of goods, of a modified design (as a result of changes in the law or at the sole discretion of the Seller) provided that any difference does not make the Goods unsuitable for any purpose the Buyer has made known to the Seller; and such despatched or delivered Goods shall be of equal or higher value to the Goods which the Buyer originally ordered.
8.5. The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any order for Goods submitted by the Buyer to the Seller, and for giving the Seller any necessary information relating to the Goods within a sufficient time to enable the Seller to perform its obligations under these Conditions. The Seller shall incur no liability resulting from inaccurate information being supplied by the Buyer.
8.7. The Buyer’s attention is drawn to the provisions of Section 6 of the Health and Safety at Work etc Act 1974. The Seller will make available on written request such information on the design and construction of the Goods as is in its possession to ensure that as far as is reasonably practicable the Goods are reasonably safe and without risk to health when properly used.
8.8. Any advice or recommendation which the Seller may give as to the storage, application or use of the Goods and which the Seller does not confirm in Writing is followed or acted upon entirely at the Buyer’s own risk and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
8.9. Governing Law. Any contract for the sale and purchase of Goods between the Seller and the Buyer (which contract shall incorporate these Conditions) shall be governed by and construed in accordance with English Law and the parties shall submit to the non-exclusive jurisdiction of the English Courts.
8.10. All rights and remedies expressly reserved by the Seller in these Conditions are without prejudice to any other right or remedy available to the Seller. Where rights and decisions in these Conditions are to be exercised or made at the sole discretion or discretion of the Seller then the Seller shall be under no duty or obligation to justify or provide a reason to the Buyer for the decision.
8.11. The Seller’s agents or employees are not authorised to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into a contract with the Seller for the sale and purchase of Goods the Buyer acknowledges and agrees that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.
8.12. All estimates, drawings, designs, plan or models the Supplier may prepare for the Buyer’s information remain the Seller’s property and are subject to the Seller’s copyright and other intellectual property rights. They must not in whole or in part be submitted to or copied or otherwise made use of by any other party.
8.13. The Buyer will not use any of the Seller’s intellectual property rights in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Seller, without the Seller’s prior written consent.
8.14. The Buyer agrees to the Seller collecting and using such details (including, without limitation, Personal Data as defined in the Data Protection Act 1998) as the Buyer provides to the Seller for such purposes as are necessary in the Seller’s sole discretion for the Seller to comply with its obligations under these Conditions. The Seller may have to pass the Buyer’s details (including, without limitation, Personal Data as defined in the Data Protection Act 1998) on to responsible third parties for the same purpose. The Seller shall not be responsible for any breach of security or any act or omission of third parties who receive the Buyer’s details (including, without limitation, Personal Data as defined in the Data Protection Act 1998). See separate Privacy Policy. https://www.blackhawkgaming.co.uk/privacy/
8.15. WEEE regulations (January 2007) ensure that the amount of waste on certain electrical and electronic equipment is reduced, separated from household waste, collected separately and ultimately disposed of in a sound environmental manner (recycled and recovered). The Buyer agrees that the collection, recovery/treatment and disposal of Electrical or Electronic Equipment purchased from the Seller will be the Buyer’s responsibility.
8.16. These Terms and Conditions do not affect the statutory rights of a Consumer Customer under the Consumer Rights Act 2015.