TERMS & CONDITIONS

Please read these terms of sale carefully. These terms and conditions apply to the use of any area of our website. By accessing this website you automatically agree to the terms and conditions set out below, even if you do not make a purchase. If you do not agree to be bound by these terms and conditions, we would kindly ask you to leave our website. If you have any questions relating to these terms and conditions, please contact us using the contact form.

Definitions

In these Terms and Conditions, "we"/"us" means Kult Games, "you" means user or customer, and "website" means the website located at www.kultgames.pt.

Registration

Registration is mandatory for all customers who wish to make a purchase. By registering on our site you agree that all the personal Information you provided is true, current and accurate. You also warrant to us that you are at least 18 years of age and that you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these Terms and Conditions.

Always keep your personal information updated, to do this simply edit your registered information on your account settings (login is necessary). Kult Games will not bear responsibility for any item that is lost or undelivered due to an incomplete or false address provided by the user. All your order history will be available for consultation on the Kult Games website for a period of 12 months, after which time orders are removed from customer's account pages.

Products

Images of products on our website are for illustrative purposes only; actual products may differ from such images.

Prices

All prices displayed on our website are in Euros(€) and include a 23% VAT(value added tax) fee.

Delivery dates

The delivery dates displayed on the website are not garanteed, they are dependent on the product's avalability in our physical store (if it shows "in stock"), or in the manufacturer's european warehouse (if it shows "by order" or "delivery in 1 to 2 weeks). If an item is showing a "by order" tag, it means the item is not in stock in the store, and we must be order it from our suppliers (if it is available in the EU warehouse, it will take 2 to 3 weeks to arrive).

Order Process

Your order for products constitutes a contractual offer. No contract will come into force between you and Kult Games unless and until we accept your order in accordance with the procedure detailed below.

After you confirm your order and complete payment, using  one of the payment methods available, we will send an order acknowledgment by Email. This Email does not constitute order acceptance, for it is merely intended to be used as confirmation (from Kult Games to you) that you have placed an order using our website. We consider that order acceptance and the completion of the contract between you and us, takes place on the dispatch of the products you have ordered.

This contract may change if: 1.We notify you that we are unable to accept your order; 2.You have cancelled it in accordance with the instructions shown in "Contract cancellation - Policy & Procedure" section of the "Terms and Conditions guide". We may not be able to accept your order if:

- You have not registered properly, therefore not providing all the requested mandatory information, such your real name, phone number, e-mail address, and/or others;

- You are under 18 years of age and therefore cannot enter into binding legal contracts;

- We realize that there has been a pricing or product description error;

- The product you ordered is unavailable from stock and there is no likelihood of us receiving stock in the short term;

- We have been unable to obtain authorization  or confirmation for your payment;

- The delivery address is not covered by our couriers options, unfortunately  there are a small number of regions worldwide that this would apply to, typically areas that are politically unstable or have unreliable customs.

Furthermore, we reserve the right to reject any offer to purchase by you at any time.

Payment options

We can accept payment from you using any of the following payment methods:

- Paypal payment services;

- Major credit cards via PayPal website Pro Gateway;

- Bank Transfer (bear in mind that the buyer must support all bank fees);

- Multibanco Reference payment or MBway.

Delivery policy

We will arrange for the products to be delivered to the delivery address indicated in your order. Your personal information and address must be correct or else we will not bear responsibility for any item that is lost or undelivered. We will endeavor to deliver products on, or before, the date for delivery set out in our order confirmation or, if no date is set out in our order confirmation, within the time frame mentioned in the "Delivery times" section of the Shipping Rates and Policies guide. However, since shipping is conducted by a third-party, we cannot guarantee delivery by the relevant date.

If a delivery attempt is made by our delivery agents and a cost is incurred to us by a customer’s failure to arrange redelivery or collection of a package, then you accept that we may pass the delivery charge to you. Also if following a failed delivery, you ask us to cancel/refund the order, the costs incurred for the original delivery and return will not be refunded.

If a order has been shipped and you have not received it, you must inform us within a reasonable period. This period is deemed to be 15 days for EU locations and 30 days for the Rest of the world. Past these timescales we will resend packages at our discretion.

Defective or Wrong item Returns- Policy & Procedure

In the event you receive a damaged or defective product, or if by human error Kult Games sends an item you did not order, you must send us a valid notice of warning (either using the Contact Form or Email) within 7 working days after the day you received the relevant product(s). Kult Games will pay the return shipping costs if the product is defective or if the return is a result of our error. We will ship a replacement item free of charge, within 10 working days of receiving the returned item.

No returned merchandise will be accepted without a Product Return Authorization (PRA). To apply for a PRA you must send us an email indicating the item you would like to return, your original order number and reason.

After the initial 7 working days described above, all warranty issues should be forwarded to the item's manufacturer, which will in turn analyze and respond to your query.

Contract cancellation - Policy & Procedure

You may cancel a contract to purchase a product(s) at any time within 14 days after the day you received the relevant product(s), subject to the limitations set out below.

No returned merchandise will be accepted without a Product Return Authorization (PRA). To apply for a PRA you must send us an email indicating the item you would like to return, your original order number and reason.

You may return any item that is unused, unopened and undamaged in their original packaging, with the exception of magazines and books, purchased at Kult Games within 14 days of the original delivery. Accepted products returned by you will be refunded in full (including the shipping cost of sending the products to you), within 10 working days of receiving the returned item. Please be advised that you are responsible for paying the cost of carriage to return the unwanted item to us (if you return the products at our expense, we will pass that expense on to you).

Refunds

If you return an item using a confirmed PRA, or cancel a contract before we ship any products to you, then you are entitled to a refund. We will usually refund any money received from you using the same method originally used by you to pay for your purchase, please be advised that we do not refund any import duties. We will process the refund due to you as soon as possible or, in any event, within 10 working days of receiving the returned item(s), or in case the contract was canceled before shipment of good, your valid notice of cancellation.

General terms and Information

We will process and store all your personal information, supplied to us during the registration process, in accordance with the terms of our privacy policy. If you have any questions related to the privacy policy, please check the appropriate section of our website -Privacy Policy.

These Terms and Conditions do not affect your statutory rights (including, but not limited, to your right to cancel a contract, receive a refund and/or others).

If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.

By agreeing to these conditions you agree to indemnify Kult Games and its owners, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms and Conditions by you, or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.

Nothing in these terms of sale will limit or exclude your or our liability for: Death or personal injury caused by negligence; For fraud or fraudulent misrepresentation; Or any matter for which it would be illegal for to limit or exclude, or attempt to limit or exclude, liability.

The products we sell are intended for personal use only and we will not be liable for any business losses (including, without limitation, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time).

Kult Games cannot be held responsible for any technical issues and any results sustained, including interruption of access, technical problems, reliability, inaccuracy, loss of information and hacking by external parties, you experience as a result of using the kultgames.eu website. Please inform us of any problems, errors or omissions and we will endeavor to correct them as soon as is possible.

Gift-vouchers and Coupons

All Gift-vouchers and Coupons are limited to a single use per person. In addition Gift-vouchers expire after 6 months of purchase and cannot be exchanged for cash (products only).

Updates to Website and Terms&Conditions

We reserve the right to change or remove this website or part thereof, either on a temporary or permanent basis, with or without notice to you; we also reserve the right to alter the conditions of use and the terms of sale as we see fit. It is the responsibility of the user to check regularly to determine whether the Terms&Conditions have been changed. Your continued use of the website, or any part thereof, is confirmation by us that you have accepted any changes or alterations. If you do not agree to any of the changes enacted to the conditions, then you must immediately stop using the Website.

Third party links

We may provide links to other websites or resources for you to access (click through to) if you choose so. You accept and agree that, although you have chosen to enter the linked site from our website, we cannot be held responsible for the availability, quality or content of these external sites. Kult Games does not endorse and is not responsible or liable for their privacy practices, any advertising, content, products, goods or other materials or services available from them. Please make your own decision before accessing any of those sites.

Legal disputes

These Terms and Conditions are governed in accordance with Portuguese law. By accepting these Terms and Conditions you fully accept the exclusive jurisdiction of the courts of Portugal. Should you wish to enter in a dispute with Kult games, then all legal issues must be resolved in the judicial district of Lisbon.

Copyright

"All the website design, text, graphics, software and all underlying source code on this website are copyright to kultgames.pt - ALL RIGHTS RESERVED.

Temporary permission is granted to electronically copy, save and print portions of this web site for the sole purpose of placing an order with kultgames.eu, or using this web site as a shopping resource. You agree not to otherwise reproduce, modify, copy or distribute, publish or use for commercial purposes any of the materials or content on this website without our written permission."

Trademarks

The name "Kult Games" and the Kult Games logo are registered trademarks of Galaxy Games, Unipessoal Lda. The Kult Games logo is registered and protected by INPI (Instituto Nacional da Propriedade Industrial). Other product and company names mentioned on this web site may be the trademarks or registered trademarks of their respective owners.

All other Images and Trademarks (which include, but are not limited, to product names, logos and company names) used or mentioned on this website, are used without permission and for the sole purpose of marketing said products. All are registered trademarks of their respective owners.