Terms and Conditions of Sale
Last Updated: 13 Oct 2023
These are the terms and conditions on which we supply our products to you which are confirmed as being goods only.
These terms may have changed since you last reviewed them
Please read these terms carefully before ordering with us. These terms tell you what you need to know about buying with us. If you think that there might be a mistake in these terms, please let us know. We may revise these terms and conditions without notice by posting revised terms and conditions of sale on our website. The terms and conditions posted on the website or app at the time you place your order will govern that purchase.
1. Who we are and how to contact us
1.1 Who we are. We are Wayland Games Limited – a company incorporated and registered in England and Wales with company number 06690851. Our main office is at Wayland Games Limited, 17-19 Eldon Way, Hockley, Essex, SS5 4AD, United Kingdom, whilst our registered office address is Units 17-19 Eldon Way, Hockley, Essex, SS5 4AD and our registered VAT number is GB942355718.
1.2 How to contact us. You can contact us at [email protected] and/or via the support section on our website, or visit us in store.
1.3 How we may contact you. If we have to contact you, we will send an email to the email address you provided to us when placing your order online.
1.4 You can find out everything you need to know about us from our website, which can be accessed here: https://www.waylandgames.co.uk/about-us. We also confirm the key information to you in writing on or after you order in any format that we select and containing such details as we select, at our sole discretion in all respects.
2. Placing an order
2.1 How you can place an order. Orders are placed through our website. Once you’ve added the product(s) you’d like to your basket, you’ll go through our checkout procedure where you’ll need to enter your contact details, delivery and billing information. Please check, double check and even triple check your order (e.g. the product(s), and delivery address) before clicking the “complete order” button or the “pay now” button.
2.2 Acceptance of your order. Your order is an offer from you to us to buy the product(s) in your basket. After you place an order, you will receive an email from us confirming that we have received it. Our official acceptance of your order takes place when we email you to confirm we’ve dispatched your product(s). It’s at this point that a contract will come into existence between you and us. When we acknowledge your order, we’ll also confirm your order number. If you need to contact us about your order, you should quote this number.
2.3 Restrictions on placing orders. To order our products, you must be at least 18 years old and be authorised to use the payment method which you use to pay for the products you order. If you are under 18, you may place an order only with involvement of a parent or guardian.
3. Our rights to cancel or reject your order
3.1 If we cannot fulfil your order. In the unlikely event that we’re unable to fulfil your order (e.g. because the product is out of stock, we haven’t been able to verify the billing information you’ve provided, a credit reference we have obtained in unsatisfactory, you have requested delivery to a country that we do not currently ship to, or there has been an error in the pricing or description of the product – but not limited to the aforementioned), we’ll let you know by email and we will refund any monies paid for the product if already taken.
3.2 Unusual or suspicious activity. We provide our products for your personal use only. We may cancel an order if we notice something unusual or suspect that our products are being exploited for any commercial, business or resale purpose. If this happens to you and you think we’ve made a mistake, get in touch with our customer service team through your account on our website.
3.3 Suspending the supply of products. We may have to suspend the supply of a product to you to (and shall have no liability for any suspension as a result of the following):
3.3.1 deal with technical problems or make minor technical changes;
3.3.2 update the product to reflect changes in relevant laws and regulatory requirements; and/or
3.3.3 make changes to the product as notified by us to you or otherwise.
3.4 We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the product for a substantial period of time, we adjust the price so you don't pay for it while it’s suspended. If we suspend supply, or tell you we're going to suspend supply, for more than 6 months you can contact us to end the contract and we'll refund any sums you've paid in advance for products you won't receive.
3.5 We can withdraw products. We can stop providing a product. We let you know and we refund any sums you've paid in advance for products which won't be provided.
4. Our products
4.1 What we provide. We provide third party hobby supplies, miniatures, wargames, tabletop games, accessories, toys and games and related items as we update and determine from time to time in our sole discretion.
4.2 Descriptions of products. The pictures of products including but not limited to its colour (and packaging) on our website are for illustrative purposes only. We work to ensure that products are displayed accurately but we can’t guarantee that a device’s display of the colours exactly reflects those of products.
4.3 Gift cards. We currently do not offer gift cards.
5. Delivery
5.1 Delivery costs - All information regarding our delivery charges can be found as you check out.
5.2 Additional charges - EEA deliveries are processed on a DDP (delivered duties paid) basis so there should be no additional charges on delivery of your order. However there may be local fees applied to orders outside of customs VAT which are the responsibility of the customer. More information about our EU/EEA shipping can be found here. Shipments going to the rest of the world will have the incoterm DDU (Delivered Duties Unpaid) meaning all additional fees are the responsibility of the customer.
5.3 Delivery speed will depend on the delivery method selected during the checkout process, please refer to our estimated delivery times here. If you are buying products during promotional periods, it may take a little longer for them to be despatched to you.
5.4 We are not responsible for delays outside our control. If delivery of the products to you is delayed by an event outside our control (e.g. including but not limited to, postal/courier delays, supply delays, logistics or bad weather), we’ll let you know as soon as possible if we are able. We won't compensate you for the delay.
5.5 We will only advise a courier to deliver to the address input at the point of checkout, we will not amend this without your prior consent nor will we ever request delivery to a safe place. Should you make any changes while the parcel is in transit and have the order delivered to any alternate address or safe place, once delivered, Wayland Games will no longer be liable for the parcel, it's contents or condition, this liability will pass to the customer.
5.6 Unfortunately, we do not currently ship to the countries stated in our shipping policy here.
6. Your rights to end the contract
6.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract, as set out below. We’re under a legal duty to supply products that are in conformity with this contract and nothing in these terms will affect your legal rights.
6.2 If what you have bought is faulty or differs substantially from how it is described on our website you may have a legal right to end the contract (or to get the product replaced or to be given a refund). In this case, the return will be free in the United Kingdom provided you return the product to us within 30 days (unless stated otherwise on our website) from the date you receive it. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk.
Summary of your key legal rights
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
Up to 30 days: if your goods are faulty, then you can get a refund.
Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
6.3 If you want to end the contract because of one of the reasons set out below, the contract will end immediately, we will refund you in full for any products which you have paid for but which have not been supplied to you. The reasons are:
6.3.1 we have told you about an upcoming change to the product or these terms which you do not agree to;
6.3.2 we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
6.3.3 we have told you that supply of the products may be significantly delayed because of events outside our control;
6.3.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four weeks.
6.4 If you have changed your mind about the product. We offer a goodwill guarantee which gives you 30 days (unless stated otherwise on our website), to change your mind and receive a refund instead of the standard 14 days (which does not affect your legal rights in relation to faulty products). You have 30 days (unless stated otherwise on our website), from the day you (or someone you nominate) receives the products or we deliver it (whichever is the earlier) to change your mind. If your products are split into several deliveries over different days, you have until 30 days (unless stated otherwise on our website), after the day you (or someone you nominate) receive(s) the last delivery to change your mind. In either case, you will need to pay the cost of the return within the aforementioned cancellation period set out above, or you can return the products directly to our physical store (but you'll need to bring your original order number with you to do this) again within the same period. If you choose to send the product back to us, in which case this must be using an established delivery service, you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price.
6.5 For full details please refer to our returns and refund policy which can be viewed here: https://www.waylandgames.co.uk/return-and-refund-policy. In all other cases (if we are not at fault and there is no right to change your mind). Even if we are not at fault and you do not have a right to change your mind, you can still end the contract before the products are delivered and paid for – just contact us to let us know.
6.6 We can always change a product: to reflect changes in relevant laws and regulatory requirements; and/or to make minor technical adjustments and improvements. These are changes that don't affect your use of the product.
7. Returns and refunds
7.1 Tell us you want to end the contract. To end the contract with us, ask us any questions or in the unlikely event that you have any complaints about the product, please let us know by contacting our customer service team through the account section on our website or via email to [email protected]. Please provide your name, delivery address, order number and email address so we can help you quickly and easily. We don't refund any extra you have paid for express delivery or delivery at a particular time.
7.2 Returning products after ending the contract. If you end the contract for any reason after products have been sent to you or you have received them, you must return them to us. The process for returning products to us is set out in our Returns Policy. Unless stated otherwise on our website, please make sure that the products are returned to us within 30 days. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due.
7.3 How and when we will refund you. We will refund you the price you paid for the products (including delivery costs where applicable and subject to the above provisions) by the method you used for payment. If you used a discount code to buy the product, the amount refunded will be reduced to take into account the benefit of any discount which you received when buying the product. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, your refund will be made within 14 days from the day we receive the unused product back from you.
8. Our rights to end the contract
8.1 We may end our contract with you. We may end the contract for a product at any time by writing to you and claim compensation due to us if:
8.1.1 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the address for delivery; or
8.1.2 you do not, within a reasonable time, allow us to deliver the products to you; or
8.1.3 you don't make any payment to us when it's due and you still don't make payment within 7 days of our reminding you that payment is due.
8.2 Refunds. If we end the contract in the situations set out in clause 8.1, we will refund any money you have paid to us for products we have not provided.
9. Price and payment
9.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order or, in the case of our physical stores, will be displayed on the products. We take care to ensure that the price of the product advised to you is correct. However, please see clause 9.4 for what happens if we discover an error in the price of the product you order. We charge you when you order the product(s). We do offer alternative payment options with Klarna please note that additional terms and conditions will apply if you choose either of these options – please see https://cdn.klarna.com/1.0/shared/content/legal/terms/0/en_gb/slice_it_card/.
9.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we’ll adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.3 We may change the price of our products. Sometimes we need to make changes to the price of some of our products. When this happens, we’ll update the prices on our website, and in store. If you placed your order for a product before the price change, the price will be as stated on our website or our app (as applicable) at the time when you placed your order.
9.4 What happens if we get the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, if the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.
9.5 When you must pay and how you must pay. We accept payment by Visa, Mastercard, & PayPal. We will charge you at the point you place the order through the checkout, although the price payable by you for the products may appear as pending transactions against the payment method you use.
9.6 We charge interest on late payments. If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You pay us the interest together with any overdue amount.
9.7 We also offer the option for you to purchase using Klarna Bank (AB) (publ). The availability of these options to you is subject to approval by Klarna. Further information and the terms which apply to these options can be found on Klarna’s website. Please note that we reserve the right to withdraw or suspend these options with Klarna at any time at our sole discretion.
10. Discount Codes
10.1 From time to time we will release discount codes (“Codes”) via email or other marketing channels. These Codes will allow a discount to be applied to a new order at waylandgames.co.uk. To apply a Code please enter it (and remember to click “apply”) where specified during the check-out process.
Please note: Codes are valid for a limited period of time as specified in the relevant email or marketing communication, they cannot be used outside of that time period.
10.1.1 Save as expressly stated in the relevant email or marketing communication, Codes are only valid on full-priced items and cannot be used on sale, outlet or promotional items.
10.2.2 Only one Code can be applied per order. Codes cannot be used in conjunction with any other offer and are not available for staff of Wayland Games Limited.
10.1.3 Codes are territory/store specific, cannot be exchanged for cash and are non-transferable.
10.1.4 Codes cannot be applied towards delivery charges.
10.1.5 Returned items will be refunded at the discounted price paid (the discount applied between the goods proportionately). Where a qualifying spend is noted in relation to use of a Code, if items purchased using that Code are later returned to us which brings the amount spent below any qualifying level, the offer value may be deducted from any refund. This does not affect your statutory rights. A discount will not be applied to items subsequently replaced.
10.1.6 Orders are subject to stock availability and acceptance by us. We reserve the right to decline to accept orders where, in our reasonable opinion, a Code is invalid for the order being placed or is the subject of improper use or fraudulent activity.
10.1.7 We reserve the right to withdraw, amend or extend offers at any time on reasonable notice.
10.2 Specific offer terms and conditions are provided with each Code - for specific information relevant to that Code, please refer to the email or marketing communication on which it is featured.
11. Our responsibility for loss or damage suffered by you
11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable direct result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen. We are also not responsible for loses you suffer caused by us breaking this contract if the loss is: something you could have avoided by taking reasonable action, including following our reasonable instructions for use; and/or it relates to your use of a product for the purposes of your trade, business, craft or profession.
11.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products (including the right to receive products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; and supplied with reasonable skill and care); and for defective products under the Consumer Protection Act 1987.
11.3 We are not liable for business losses. We only supply the products for private use. If you use the products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
12. How we may use your personal information
12.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Notice which you can view here: https://www.waylandgames.co.uk/privacy-notice.
13. Other important terms
13.1 We may transfer this contract to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer, you may contact us to end the contract within seven days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing and in advance of any proposed transfer.
13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms and neither of us will need to ask anybody else to sign-off on ending or changing it.
13.4 We may change these terms at any time. We may make changes to these terms at any time to reflect changes in the law or for any other reason whatsoever in our sole discretion in all respects. The most up-to-date version of our terms will always be displayed on our website so please have a look before placing an order for our products to ensure you know about any changes which may have been made since your last visit to our website.
13.5 If a court or other authority finds part of this contract illegal, or otherwise decides that some of these terms are unlawful, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.
13.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Wales, Northern Ireland or Scotland, you can bring legal proceedings in respect of the products in either the courts of the country you live in.
