Please ensure you read and agree to the correct Terms and Conditions, depending on whether you are classed as a Consumer or Business.
If you are a Consumer please read the first Terms and Conditions.
If you are a Business please read the second Terms and Conditions, which are marked Business.
STANDARD TERMS AND CONDITIONS OF BUSINESS (consumer)
1.1 In these terms and conditions (“the Conditions”):
“Delivery Address” means the address for delivery of the Goods to You, as indicated by You when placing an Order;
“Goods” means any goods (including all components, parts and accessories) to be supplied by Us to You under these Conditions;
“Order” means the placing of an order (or an Order Form via the Website) with Us;
“Order Form” means Our order form on Our website, an email from You to Us placing an order, or a phone call from You to Us placing an order, a pro forma invoice sent to You by Us containing the details of the order on which orders shall be accepted by Us for the supply of the Goods;
“Our/ Us/ We” means Pinball & Stork.
“Writing” a reference to “writing” or “written” includes email
“Website” means Our website of www.pinballstork.com;
“You/ Your” means the person who purchases the Goods from Us.
1.3 You can contact us by telephoning our customer services team.
or by email to firstname.lastname@example.org.
1.4 No variation of these Conditions shall apply unless confirmed in writing by or on behalf of a Director of Home Leisure Direct Limited. We reserve the right to amend and update these Conditions and this Website at any time without notice to reflect changes in relevant laws and regulatory requirements and it is Your responsibility to re-visit this page each time You use the Website or place an Order with Us to ensure that You comply with the Conditions.
2. CHANGES TO THESE CONDITIONS
2.1 We will notify You regarding any more significant changes to these Conditions and this Website and you may then contact us to end the contract before the changes take effect and receive a refund for any goods paid for but not received.
2.2 You must be over the age of 18 years to place an Order and We reserve the right not to accept an Order where We reasonably believe that You do not meet this requirement.
2.3 These Conditions together with Our Order Form constitute the whole agreement between the parties and supersede any prior promises, representations, undertakings or implications whether written or oral.
2.4 We request that you note the right of cancellation in clause 3 and the limitation of liability in clause 13.
3. OUR CONTRACT WITH YOU: ACCEPTANCE AND CANCELLATION
3.1 Where Goods are ordered from the Website You will be required to submit an Order Form. You will also be required to click through, read and accept this document before being able to proceed with Your Order. Goods may also be ordered over the telephone by contacting Us at either 0800 622 6464 or 01454 413636.
3.2 The placing of an Order with Us shall be deemed to be Your acceptance of these Conditions.
3.3 By submitting an Order Form or placing an Order via the telephone with Us, You shall be deemed to have accepted these Conditions. We will then send an automatic receipt of order to the email address You have provided (for the avoidance of doubt this will not constitute acceptance of Your Order).
3.4 All Goods are subject to availability. If the Goods You have ordered are unavailable We will contact You to advise of the date of availability or to discuss the supply of a suitable alternative item. Should You wish to cancel Your Order at this point then You will be able to do so. If we are unable to accept your order, we will inform you of this and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
3.5 If the Goods ordered are available, We will then send You written confirmation of acceptance of the Order (“Acceptance Notice”).
3.6 We will assign an order number to you and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.7 Our website is solely for the promotion of our goods in the UK. We do in, certain circumstances, accept orders from and deliver to outside of the UK. However this is at Our discretion once receiving an Order Form from You as it depends on factors including the nature of the Order, availability of products and factors which are outside of Our control.
3.8 Orders received on Saturdays, Sundays or public holidays and after 1pm on weekdays, will be processed the next working day.
4. YOUR RIGHTS OF CANCELLATION AND RETURNS
4.1 Subject to clause 4.6, you may cancel Your Order without reason within 14 calendar days from the date of delivery of the Goods. You may notify us of Your wish to cancel by email, telephone, letter or fax. You may use our Notice of Cancellation Form (https://www.pinballstork.com/company/notice-of-cancellation.html) which can be downloaded from our website. If you cancel under this clause the following will apply:
4.1a You should return the Goods to us within 14 days of notifying us of your wish to cancel in the same condition as they were delivered (in the original packaging, unused and/or flat-packed where appropriate). You must pay any delivery costs for their return depending upon the goods it will cost between £2 and £600 including VAT;
4.1b Subject to clause 41.1(a), we will provide you with a refund using the same means of payment as you made for the Goods. The refund will include post and packaging at our standard rate only even if you chose a more expensive option for delivery. We will provide this within 14 days of your notice of cancellation if no Goods were delivered or within 14 days of receipt of the Goods (or earlier if we receive proof of return);
4.1c We have the right to deduct monies from your refund up to the total price for the Goods where the Goods show signs of use which diminishes their value whilst in Your possession. We will notify You of the diminish in value in writing giving you a reasonable time to respond before deducting this from Your refund which We will return to You. Subject to clause 12 and clause 4, Goods returned for any reason must be returned within 14 days from the date of delivery of them, and in the same condition as they were delivered (in the original packaging, unused and/ or flat-packed where appropriate). You must pay any delivery costs for their return, depending upon the goods it will cost between £2 and £600 including VAT. We will not accept returns or cancellations if the Goods have been altered in any way that could be deemed as You treating the Goods as Your own. Please note that You have a duty to take reasonable care of the Goods whilst they are in Your possession.
4.2 If the Goods You are returning are either damaged by You or due to Your poor packaging then on inspection of the Goods We reserve the right to reject the return and You will incur the cost of re-delivery to Your address and no refund will be processed.
4.3 All bespoke items (where you have specified certain colours, woods, additional branding, or any other type of variation which do not come as standard) are non-refundable.
4.4 Even if We are not at fault and You do not have a right to change your mind (see clause 4.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the Goods are delivered and paid for. If You want to end a contract before it is completed where We are not at fault and You have not changed Your mind, just contact us to let Us know. The contract will end immediately and We will refund any sums paid by You for goods not provided but [We may deduct from that refund [£[ ] as compensation for the net costs we will incur as a result of your ending the contract OR] reasonable compensation for the net costs we will incur as a result of your ending the contract OR a percentage of the price calculated as per [TABLE] depending on the date on which you end the contract, as compensation for the net costs we will incur as a result of your doing so.]
4.5 This clause 4.4 applies where You purchase bespoke Goods from Us under any credit arrangement with Us. You must tell Us immediately if You cancel Your credit arrangement in respect of those bespoke Goods. If You do cancel Your credit arrangement in respect of those bespoke Goods then You must pay us for those Goods within seven days starting the day after You cancel the credit arrangement.
4.6 YOUR LEGAL RIGHTS
4.7 We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.
5. OUR RIGHTS TO END THE CONTRACT
5.1 We may end the contract for a product at any time by writing to You if:
5.1a payment is not received by Us when We process the payment immediately before the dispatch of the Goods within the payment period in the invoice sent with the Acceptance Notice to You and You still do not make payment within 14 calendar days of Us reminding You that payment is due:
5.1b you do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Goods, for example, in relation to You communicating and Us accepting details before Us accepting your Order which are required for effective delivery of the Goods to You; or
5.1c you do not, within a reasonable time, allow Us to deliver the products to You.
5.2 You must compensate us if You break the contract. If We end the contract in the situations set out in clause 5.1 We will refund any money You have paid in advance for products We have not provided but we may deduct or charge you [£[ ] as compensation for the net costs we will incur as a result of your breaking the contract OR reasonable compensation for the net costs we will incur as a result of your breaking the contract OR a percentage of the price calculated as per [TABLE] depending on the date on which we end the contract, as compensation for the net costs we will incur as a result of your breaking the contract.]
5.3 We may withdraw the goods. We may write to You to let you know that We are going to stop providing the goods. We will let you know at least as soon as reasonably practicable in advance of Our stopping the supply of the goods and will refund any sums You have paid in advance for products which will not be provided.