TERMS & CONDITIONS OF SALE

KONAMI CORPORATION OF EUROPE BV aims to provide you with a service you can return to again and again.  This is an online shopping service that is both easy to use and secure.  There are however, some terms and conditions you should be aware of to make your use of the website entirely satisfactory. By accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below.

General

(a)            In these conditions “the Company” shall mean KONAMI CORPORATION OF EUROPE BV and “you” shall mean the person, firm or company placing an order with the Company.

(b)            Orders placed with the Company shall not be binding on the Company or deemed accepted by it unless and until written acknowledgement and acceptance of such order is issued to you by the Company.

(c)            The Company shall sell and you shall purchase the goods in accordance with any order of yours which is accepted by the Company pursuant to sub clause (b) above, subject in either case to these terms and conditions which shall govern the contract to the exclusion of any other terms and conditions and which shall not be varied unless agreed in writing by a Director of the Company.

(d)            Any typographical or clerical error or omission in any sales literature, quotation, price list, order acknowledgement, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.

Price and Payment

(a)            The price shall be the UK pound sterling price quoted by the Company and confirmed in the Company’s order acknowledgement. All quoted prices shall be valid for the period stated on the web site from time to time.  Notwithstanding this, in the event a product or service is listed at an incorrect price, we reserve the right to cancel an order whether or not the order has been confirmed and your credit card charged in which case a full credit will be issued to your credit card account.

(b)           Except as otherwise stated in the order acknowledgement all prices shall include VAT but exclude delivery and you shall be liable to pay the Company’s specified delivery charges, which shall be made clear prior to completion of your order.  Please note that both our standard delivery charge and next day service apply to the majority of the UK Mainland.  Remote parts of the UK and any delivery that involves a sea crossing may be subject to a surcharge which will be advised to you before despatch of your order.

(c)            Unless otherwise agreed in writing by the parties, payment of the price shall be due and payable at the time the order is placed with and accepted by the Company.

(d)            We accept Delta, MasterCard, Switch and Visa. See “Privacy and Security” for reassurance of the safety and security of our service.

Delivery

(a)            Orders which are despatched on the standard service will normally be delivered within 10 days but please allow 28 days from the order being confirmed particularly at peak periods.

(b)            Delivery shall occur when the Company or its carrier arrives at the delivery address specified in the order and indicates its arrival. Whilst every effort is made to deliver the goods on the dates or within the periods specified in the order acknowledgement such dates shall not be of the essence of the contract. However, in the event that the goods are not likely to be delivered on the date or within the period quoted for delivery the Company will give you prior notice and the option to cancel your order and receive a refund of all sums paid in respect of such order.

(c)             If you fail to take delivery of the goods when delivered, the Company shall be entitled to attempt redelivery of the goods at a later date and to invoice you a further delivery charge.

(d)                             Risk of damage to or loss of the goods shall pass to you upon delivery.  All goods should be checked upon delivery from our courier.  If the goods arrive in a damaged condition you must not sign for them.  Our returns department will arrange directly with the courier for the return of goods damaged in transit and will arrange for a free replacement to be sent subject to stock availablility.

(e)                             Delivery is subject to availability of the goods.  Where your chosen item(s) are out of stock we will advise you prior to taking payment.

Cancellation and Returns

(a)            If, for any reason, you are not totally satisfied with your purchase, you may cancel your order without charge, subject to sub clause (c) and (d) below at any time before delivery or within 7 working days following delivery of the goods in accordance with the Distance Selling Act. All notices of cancellation must be given to the Company in writing.  If you wish to return a purchase, please refer to the returns instructions included in your package or contact us for more details.

(b)            If the Company receives a notice of cancellation given in accordance with sub clause (a) above, the Company will refund to you all monies due in respect of such cancelled order within 30 days of such cancellation notice.

(c)             In the event that you cancel any order after delivery of the goods, you are obliged to return the goods to the Company by sending them back to the Company at your expense.  It is your responsibility to ensure that the goods are returned to us safely including the possibility of damage to the goods in transit so we recommend using an insured recorded delivery service.  If the goods are damaged in transit, the Company reserves the right to refuse a refund and it will be your responsibility to seek compensation from the carrier.

(d)            You must ensure that any goods to be returned to the Company upon cancellation of an order are stored in a suitable place and are returned in the same condition as they were in on delivery in their original unused condition and in the original packaging. The Company reserves the right to charge a standard fee of ten pounds sterling to cover any necessary packaging and/or repackaging costs on returns.  This is in addition to any despatch costs on sending the item.  The Company shall be entitled to recover from you all loss, costs, charges and expenses incurred by it in connection with goods which are returned damaged or not saleable as new.  In addition, you may invalidate your right to cancel if the goods exhibit signs of wear or tear beyond that necessary to inspect the goods.

(e)            No order which has been accepted by the Company may be cancelled, except in accordance with sub clause (a) above, nor varied including changing the specified colour of the goods, except with the agreement in writing of the Company and on terms that you will pay the Company’s charges and expenses as a result of such cancellation or variation.

Defects and Replacements

(a)            The company will at its own cost and expense repair or replace goods forming the subject of the contract, or refund the cost if no replacement is available, which are defective in materials or workmanship subject however to the following conditions:-

·         In the vent of a complaint in respect of a matter not apparent on reasonable inspection you must give notice thereof to the Company within three days of the defect complained of coming to your attention but in any event notice of complaint must be given to the Company by you within 12 months of delivery;

·         The Company shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage or misuse of the goods;

·         Minor variations in the colour of the goods delivered from those shown in sales literature shall not constitute a defect; and

·         In all cases the goods must be made available to the Company for collection or, at the Company’s option, be returned to the Company at the Company’s expense within 7 days following notice of complaint.  The company will not charge a returns fee if the goods are confirmed by the Company as being defective.

(b)          You must inspect the goods upon or as soon as reasonably possible after delivery and in the event of any matter giving rise to complaint which is apparent to you on such reasonable inspection you must notify the carrier if inspection is upon delivery and the carrier will return the goods to the Company, or the Company if inspection is shortly after delivery;

(c)            Except in respect of death or personal injury caused by the Company’s negligence, the Company shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at law, or under the express terms of the contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, it’s employees or agents or otherwise) which arise out of or in connection with the supply of the goods or their use or resale by you, except as expressly provided in these conditions.

(d)             Subject as expressly provided in these conditions and except where goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

(e)            Where the goods are sold under a consumer sale (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) your statutory rights are not affected by these conditions.

(f)            Save for liability for death or personal injury resulting from the negligence of the Company the Company’s aggregate liability under any one claim or under the total of all claims arising from any one act or default of the Company however such claim or claims arise (be it by negligence, breach of contract, misrepresentation (other than fraudulent misrepresentation) or otherwise) shall in no circumstances exceed the contract value of the goods the subject of the claim.

Customer Service

(a)            Our customer service telephone line 0845 2267 573 is open Monday to Friday 9:00 am until 5:00 pm. Alternatively you can contact us by email on konamisupport@keiken.co.uk.

(b)            The office is not always open on Bank Holidays, but an answering service is available out of office hours.

Descriptions

(a)            Every care has been taken to ensure that all the product information provided on the website is accurate.

(b)            Descriptions, measurements, colours, prices and offers are all correct to the best of our knowledge at the time of publication.

Complaints

(a)            If you have a complaint of any kind please do not hesitate to contact us on konamisupport@keiken.co.uk

(b)            All complaints will be dealt with by a Supervisor or Manager.

(c)             We promise to keep you informed at every stage of the resolution process.

Privacy and Security

(a)             We want you to shop with us in total confidence.  Confidentiality is a major part of our customer service and something that we have taken every possible step to safeguard; SSL encryption ensures we keep your details safe.

(b)                               If you have any worries about online shopping, please don't hesitate to contact us for further information on konamisupport@keiken.co.uk

(c)                               We are committed to protecting your privacy.  We will only use the information collected for our own Company use and will never pass this information to other companies outside the Konami Group, except to our trusted service suppliers to enable your order to be delivered.

(d)                               We may, from time to time, inform you by e-mail of new products and special offers from the Konami Group.  If you would prefer not to receive such information in the future, please click on the following link konamisupport@keiken.co.uk and include the word ‘unsubscribe’ in the subject line.

General

(a)            No waiver by the Company of any breach of the contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

(b)            If any provision of these conditions is held by a competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of the provisions in question shall not be affected thereby.

(c)                              The contract shall be governed by the laws of England and any dispute arising out of or in connection with it shall be determined by the exclusive jurisdiction of the English Courts.

(d)                              The Company shall not be held liable for any breach of this agreement caused by circumstances out of its control including, but not limited to; Acts of God, fire, lightening, flood or extremely severe weather, explosion, war, disorder, industrial disputes, acts or omissions of internet service providers or acts of local or central Government or other competent authorities.

(e)                              If we believe that an order has been placed fraudulently, then we may share that information with third parties including the Police, credit card companies and any other organisation that may help to track and or prevent future occurances of fraud.

(f)                                Your statutory rights are not affected.