DEFINITIONS:
“Buyer” means the individual or organisation that buys or agrees to buy the Goods from the Seller;
“Consumer” shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
“Contract” means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
“Goods” means the arcade machine/product(s) that the Buyer agrees to buy from the Seller;
“Seller” means Punching Dragon Arcades Ltd of The Studios - Unit 8, Watermill Industrial Estate, Aspenden Road SG9 9JS that owns and operates www.PunchingDragonArcades.com;
“Terms and Conditions” means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
“Website” means www.Punchingdragonarcades.com.
CONDITIONS:
Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
Any complaints should be addressed to Punching Dragon Arcades Ltd of The Studios - Unit 8, Watermill Industrial Estate, Aspenden Road, SG9 9JS
ORDERING:
All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.
The Seller requires a minimum deposit of 50% (Not fully refundable-See cancellation fee below) of the full purchase price with an order and then the balance on, or prior to delivery. Any work undertaken by the Seller will only commence once the initial deposit or full payment has been received.
With any late payment, or problems in these regards, the Seller reserves the right to reclaim any costs involved in work already undertaken. Once an order has been placed with us, the person who places the order will agree to be personally liable for the payment of the Goods. Ownership will not be passed until full payment is received.
LEAD TIMES/DELIVERY:
Goods supplied within the UK will normally be delivered within 28-42 days of acceptance of an order. Certain options may increase the lead time and if this is the case then the Seller will be informed at the point of purchase. Full shipping instructions will be sent and/or explained to the Seller once an order is in place. Deliveries are via 1 person and therefore can only be into any ground floor room. We cannot take responsibility of any problems with the cabinet including artwork etc should the Goods leave this ground floor. Any access problems including anything more than a single step needs to be conversed with the Seller prior to Order so a resolution can be agreed first. It is also the Buyers responsibility to measure every part of the Access route and ensure the Goods have a possible right of way.
The Seller shall use its reasonable endeavours to meet any date agreed for delivery. Assurances of delivery dates are made in good faith and are adhered to as well as feasibly possible. Delivery dates are sometimes based around production runs and may very occasionally arrive some weeks later than the expected delivery date. We will do everything in our power to ensure that you are fully informed of all progress. In any event, the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the Goods shall be made to the Buyer’s address specified with the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Risk in the Goods shall pass to the Buyer upon delivery of the Goods, or where the Buyer fails to take delivery at the agreed time, at the time delivery was attempted. Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.
CANCELLATION AND REFUND:
Due to the bespoke nature of our products, when a client places an order whether by verbal means, in writing, or through making some form of payment, they hereafter agree to be bound by that order. Should the Buyer wish to cancel an order after either the initial OR Full payment has been made, a cancellation fee of £500 will ensue. This £500 will be used to cover storage, relisting, and reselling the machine when a customer refuses to pay the final balance
As a consumer you have the right, in addition to your other rights, to cancel the contract and receive a refund (Minus delivery and cancellation fee) by informing the Seller by email to Hello@Punchingdragonarcades.com within 7 working days of receiving the Goods.
Goods must be returned by the Buyer within 28 days of cancellation in the original packaging and should be adequately insured during the return journey. The Buyer will receive a refund of all monies paid for the Goods (Minus delivery and cancellation fee). If the Buyer fails to return the Goods following cancellation, the Seller shall be entitled to deduct the cost of recovering the Goods from the Buyer.
Where returned Goods are found to be damaged due to the Buyer’s fault, the Buyer will be liable for the cost of remedying such damage. Refunds will not be given purely due to Goods arriving later than expected, as they are manufactured individually for each Buyer. Any or partial refund will be at the discretion of the Seller.
WARRANTY:
All Goods that are purchased from the Seller will be covered by an initial 90 day on-site warranty in the unlikely event that something should go wrong. This is followed by an ensuing 9 month back-to-base hardware parts/labour warranty, whereby the Buyer is responsible for the cost and organisation of the safe return and collection of the cabinet (or pay a reasonable callout charge whichever is more cost effective to the Buyer). We also offer unlimited telephone support for the whole life of the product.
For customers that are outside of our standard 100mile (As the crow flies) delivery radius from Stevenage, Hertfordshire and have paid an increase over our Standard £100 delivery charge then all issues (Software / Hardware) will be worked on remotely between the Seller and Buyer. Hardware issues are very rare however components do naturally fail at times. Therefore full instructions and detailed walkthroughs will be given remotely by our technical team on how to replace to ensure a satisfactory resolution to the Buyer.
Onsite Service upgrades may be available, prices vary as to product and client location, please ask for further information. Any repair, service, or modification carried out on any machine by the client, or any unauthorised third party during the warranty period may lead to the warranty being invalidated. The Seller will not accept any liability for damage to the machine as a result of misuse.
LIGHT GUNS:
Punching Dragon Arcades recommend the Sinden light gun. Considered by many as the best light gun on the market they are best in an environment where the lighting can be controlled. If you use Sindens in a room with large windows and variable light then you are likely to encounter problems. The best place for Sinden guns is in an area with dim to Normal light levels and absolutely no direct light bouncing off the screen or directly into the cameras of the guns. If you have curtains/blinds that can be drawn or the room lighting can be set to a consistent level then that will be perfect,
LEGAL:
All payments received are for parts and labour solely. Games or access to games are provided at no cost. No unlicensed games/ROMs will be supplied with any machine. Punching Dragon Arcades Ltd in no way condones any form of copyright infringement. We have no affiliation with any companies shown or mentioned unless otherwise stated. All trademarks and logos belong to their owners.
All product and company names are trademarks™ or registered® trademarks of their respective holders. Use of them does not imply any affiliation with or endorsement by them. Punching Dragon Arcades does not print any of the stickers/decals you may see on this site. When ordering a machine from Punching Dragon Arcades it is up to you to ensure you are legally allowed to use any logos / images in your design. The selection of artwork and images applied to the Goods, as well as acquiring the authorisation for their reproduction, where necessary, is entirely the responsibility of the customer. Punching Dragon Arcades Ltd will not under any circumstances check contents, apart from aspects related to the technical specifications and the artwork’s compatibility with the required specifications.
Punching Dragon Arcades Ltd may not be in any way held responsible for the non-authorised use of pictures by customers or for any type of rights violation by third parties.
The customer hereby releases Punching Dragon Arcades Ltd undertaking therefore to indemnify it, from any responsibility to third parties that may complain about violations of intellectual property rights, damage to company image, honour, decorum, moral integrity or any monetary or non-monetary damage in consequence to the art work of images and contents requested by the user.
Punching Dragon Arcades Ltd reserves the right, at any time, to stop any order which shows a clear violation of intellectual property rights of third parties or if the contents are defamatory, violent or otherwise contrary to public law and morality.
MEDIA:
All requests to show or use the Sellers products at any public event must be agreed to in writing by the Seller prior to the event taking place.
Photography and filming of the Sellers products is permitted for private use. Any photography or filming intended for the public domain must be agreed to in writing by the Seller prior to publication.
All public broadcasts or live streams featuring the Sellers products must be agreed to in writing by the Seller prior to commencement. The ownership of a product made by the Seller does not constitute a waiver of any of the above terms.
RIGHTS OF SELLER:
The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
The Seller reserves the right to withdraw any Goods from the Website at any time.
The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
LIMITATION OF LIABILITY:
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
In no event shall the Seller or its employees, agents or licensors be liable for any incidental, consequential, punitive or multiple damages of any kind. We hold no responsibility if you misuse any ROM files, the software or you burn, mutilate, electrocute, lose, or destroy your body, your house or any other items of any worldly importance whilst using one of our products.
SEVERANCE:
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
CHANGES TO TERMS AND CONDITIONS:
The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
ACCEPTANCE OF TERMS:
Your access to and use of www.PunchingDargonArcades.com (“Website”) is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions, you must immediately stop using this Website.
CHANGES TO WEBSITE:
Punching Dragon Arcades Ltd reserves the right to:
Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Punching Dragon Arcades Ltd shall not be liable to you for any such change or removal; and
Change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
LINKS TO THIRD PARTY WEBSITES:
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
COPYRIGHT:
All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Punching Dragon Arcades Ltd or property of their respective owners and used by Punching Dragon Arcades Ltd as permitted by law.
In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
DISCLAIMERS AND LIMITATION OF LIABILITY:
To the extent permitted by law, Punching Dragon Arcades Ltd will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
Punching Dragon Arcades Ltd makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
INDEMNITY:
You agree to indemnify and hold Punching Dragon Arcades Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Punching Dragon Arcades Ltd arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
PRODUCT ADD ONS:
The LED base upgrade : Is controlled via an App on your smart phone. You must have access to a smart phone in order to use the LED base.
Our Blue tooth upgrade : Must be operated with the connected device within 4 meters from the cabinet to avoid any streaming issues.
Our Sinden Config service : Only issues are the lack of 2 player on House of the Dead, and Virtua Cop 1 and 2. Single player and simultaneous 2 player works perfect on all other Gun Games. Once this is resolved we will advise customers how to configure remotely if needed.
GOVERNING LAW:
These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.
PRIVACY POLICY:
Punching Dragon Arcades Ltd is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the data protection legislation in the UK.
The purpose of this statement is to explain to you what personal information we collect and how we may use it.
If you have left your name, email address or telephone number with us at a trade show or expo via our contact cards, we will only contact you on the conditions as agreed at the event.
When you order, we need to know your name, address, telephone number, email address, and any payment details. This allows us to process and fulfil your order. You have the option to withhold personal information that is not required for the order process.
We do not store any financial details for our clients and certainly do not sell, rent or exchange your personal information with any third party for commercial reasons, beyond the essential requirement for any validation required during purchase.
We follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access in accordance with the UK data protection legislation.
We do not collect sensitive information about you except when you specifically knowingly provide it. In order to maintain the accuracy of our database, you can check, update or remove your personal details by emailing :
Hello@PunchingDragonArcades.com
Should you have any questions about privacy, please contact us at the address given above.