Terms and Conditions of Sale
This a legal agreement between you and NCsoft Europe Limited (“NCsoft”) stating the terms and conditions (the “Terms”) that govern the sale of Product(s) to you. This Agreement, together with all updates and additional terms collectively constitute the “Agreement” between you and NCsoft.
1. DEFINITIONS
1.1 In these Terms the following words shall have the following meanings set out below:
“Confirmation” the confirmatory note sent by NCsoft setting out the following details: (i) your order number or reference number; (ii) details of the Product(s) purchased together with the purchase price of the Product(s);
“Contract” a contract between NCsoft and you for the sale and purchase of the Product(s), incorporating these Terms;
“NCsoft” NCsoft Europe Limited of 30 City Road, London EC1Y 2AB;
“Order Form” the series of pages for the ordering of Product(s) set out on the Site;
“Product(s)” the goods and/or merchandise displayed on the Site;
“Site” means the NCsoft website http://eu.plaync.com/eu/
2. CONTRACT FORMATION
2.1 Your Contract with NCsoft will be concluded as follows:
(a) Completion of the Order Form (which includes the provision of your credit or debit card details) shall constitute an offer by you to purchase the Product(s) subject to these Terms;
(b) Upon electronic receipt of the Order Form, NCsoft will check that all parts of the Order Form have been completed correctly and confirm that you have sufficient funds to cover the total cost of all Product(s) currently in stock;
(c) Upon confirmation of the details in clause 2.1(b), NCsoft will send you a Confirmation by email. This shall constitute NCsoft’s acceptance of your order;
2.2 You are entirely responsible for entering your details correctly on the Order Form. You warrant that all details supplied by you are true and accurate. If there are any changes to your details once your Contract has been concluded then it is your responsibility to inform NCsoft.
2.3 NCsoft is not obliged to conclude a Contract on these Terms.
3. ORDERING AND DELIVERY
3.1 Prices for the Product(s) are as published on the Site and are inclusive of all applicable local taxes and duties for delivery to the UK. NCsoft reserves the right to alter the prices of the Product(s).
3.2 NCsoft shall accept payment in pounds sterling (£) for UK orders, and Euros (€) for orders delivered elsewhere.
3.3 NCsoft shall accept the following methods of payment
Maestro (Switch), Solo or Delta logos, credit cards displaying the Visa or MasterCard logos. NCsoft does not accept American Express, Electron or ELV (German customers only). By paying via these payment methods, you warrant that the card used is yours and that there are sufficient funds or credit to cover all and any payments due to NCsoft under these Terms.
3.4 Product(s) not in stock will be placed on back order and will be dispatched to you as soon as it is in stock.
3.5 NCsoft will not charge your debit/credit card until the Product(s) you have ordered are available to be dispatched to you.
3.6 Payment is due as soon as the Product(s) are available for dispatch.
3.7 NCsoft will promptly correct any mistakes in bills, receipts or payments that you tell us about, no later than 30 days of you receiving your Product(s).
3.8 You may choose to have your Product(s) shipped by tracked courier service. The cost of this service will depend on the quantity of the Product(s) and where it is being shipped to and will be shown in your shopping cart.
3.9 NCsoft will charge for postage and packing of the Product(s). Such charges will be as published on the Site.
3.10 In order to prevent fraudulent credit card use, we will only accept orders
(a) up to a maximum value (including shipping costs) of £400 or €560; and
(b) up to a maximum of 10 Product(s).
3.11 NCsoft will deliver to the following countries:
Andorra, Australia, Austria, Belgium, Bosnia, Canada, Channel Islands, Croatia, Cyprus, Czech Republic, Denmark, Eire, Faroe Islands, Finland, France, Germany, Gibraltar, Greece, Hungary, Iceland, Isle of Man, Israel, Italy, Liechtenstein, Luxembourg, Malta, Monaco, Montenegro, Netherlands, New Zealand, Norway, Poland, Portugal, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Kingdom, United Arab Emirates, United States of America, Vatican City.
Please note we are unable to ship the Product(s) to PO Box addresses.
4. DELIVERY TIMES
4.1 NCsoft shall aim to dispatch all orders by the next working day after payment has cleared.
4.2 Delivery is by Royal Mail First Class post although NCsoft reserves the right to effect delivery by any other means. NCsoft shall not guarantee any delivery times or dates published on the Site. Time for delivery shall not be made of the essence by notice.
4.3 For UK residents delivery will take place within 7 days but please allow up to 28 days for delivery. For European and North American orders, please expect delivery within 10 days, but again please allow up to 28 days for delivery.
4.4 In the event of non-delivery of the Product(s), you shall inform NCsoft’s Customer Services team in writing.
4.5 NCsoft’s liability for non-delivery of the Product(s) shall be limited to providing replacement Product(s).
5. RETURNS AND REFUNDS
5.1 If the Product(s) you receive is/are damaged or do not conform to the product description please contact Customer Services within 10 days of receipt via http://uk.support.plaync.com/, and explain why the Product(s) is/are unsatisfactory. We will then provide details of how you can return the Product(s) (at your cost) for a refund or exchange. Product(s) must be returned to us with its original packaging. The Product(s) is/are your responsibility until it reaches NCsoft. It is recommended that when you return Product(s) to NCsoft that you use a delivery service that insures you for the value of the Product(s).
5.2 If NCsoft has agreed to exchange or refund your Product(s), you will be issued with a returns authorisation which must be quoted when returning any Product(s) to NCsoft. You must return the Product(s) to NCsoft promptly.
5.3 When NCsoft has agreed to refund you, it will return your money within 30 days.
5.4 If you have any further questions please go to:
English support http://uk.support.plaync.com/
French support http://fr.support.plaync.com/
German support http://de.support.plaync.com/
Spanish support http://es.support.plaync.com/
5.5 Please note that if you wish to submit a direct request to our Customer Services team on the above websites you will need to create a PlayNC Support Account.
5.6 If you already have a PlayNC Support Account, you will be prompted to log-in before submitting your support enquiry.
5.7 Please ensure all the information you enter is as accurate as possible – this will help in making our response time and enquiry process as quick as possible.
5.8 When trying on items of clothing, please ensure that you are not wearing perfume / aftershave or a deodorant which may leave a scent or marks on the Product(s). We will be unable to accept the return of any Product(s) where you have not taken reasonable care of it/them. The Product(s) must be returned with its original packaging with any enclosed documentation. Handle with care and do not apply any unnecessary force.
5.9 This returns policy does not affect your statutory rights.
6. DISTANCE SELLING REGULATIONS
6.1 In addition to clause 5, under the Consumer Protection (Distance Selling) Regulations 2000 (the “Regulations"), you are given the right to cancel orders for the Product(s) during the period of seven working days after the day on which delivery of the Product(s) takes place and to obtain a full refund.
7. LIMITATION ON LIABILITY
7.1 NCsoft shall not be responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any cause which is beyond its reasonable control.
7.2 NCsoft’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Contract shall be limited to the total price of the Product(s) ordered under these Terms.
7.3 Any liability of NCsoft for non-delivery of the Product(s) shall be limited to replacing the Product(s) within a reasonable time or issuing a refund for the price of the Product(s).
7.4 NCsoft shall not be liable to you for loss of profit, loss of business, depletion of goodwill, costs, expenses or for any indirect or consequential loss or damage or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract and whether or not NCsoft was made aware of these circumstances.
7.5 Nothing in these Terms excludes or limits the liability of NCsoft for death or personal injury caused by NCsoft’s negligence or fraudulent misrepresentation.
7.6 NCsoft does not warrant that the Site is free from any errors or omissions but it shall endeavour to ensure that all prices and information on the Site is up to date and correct.
8. GENERAL
8.1 NCsoft reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Product(s) ordered by you (without liability to you) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of NCsoft including, without limitation, acts of God, governmental actions, acts of terrorism, war or national emergency, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
8.2 These Terms supersede all previous arrangements, understandings, representations or agreements between you and NCsoft with respect to the subject matter hereof and constitutes the entire agreement between you and NCsoft.
8.3 No variation of these Terms may be made unless such variation is agreed in writing and signed by you and an authorised representative of NCsoft.
8.4 The failure of NCsoft to exercise or enforce any right or provision of these Terms will not constitute a waiver of such a right or provision.
8.5 This Contract and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with English law.
8.6 The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter.
