Terms and Conditions

IMPORTANT NOTE:

  • IF YOU ARE NOT PURCHASING A DOWNLOADABLE GAME ONLY PART A OF THESE TERMS AND CONDITIONS WILL APPLY TO OUR CONTRACT
  • IF YOU ARE PURCHASING A DOWNLOADABLE GAME THEN ONLY PART B OF THESE TERMS AND CONDITIONS WILL APPLY TO OUR CONTRACT

 

In both parts of these conditions:

  1. “We” or “us” or “our” means Red Herring Games LTD of 55 St Augustine Ave, Grimsby, DN32 OLD (trading address:26a Wellowgate, Grimsby, North East Lincolnshire DN32 0RA), United Kingdom.
  2. “commercial purposes” means for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit;
  3. “good” means the goods described on our website and included within your order and supplied to you pursuant to these conditions including but without limitation downloadable games;
  4. “working day” means a day (other than a Saturday, Sunday or Public Holiday) when banks in London are open for business.

PART A – NOT APPLICABLE TO DOWNLOADABLE GAMES

 

1. The contract between us

When you place an order to purchase goods from us and tick the box indicating your acceptance of these conditions you make a binding offer to  purchase those goods in accordance with these conditions and subject to the terms of the licence agreement incorporated within them. At the same time  you warrant to us that you are legally capable of entering into binding contracts and that you are at least 18 years old.We reserve the right to make non material alterations to the specification of the goods as described on this website. We must receive payment of the whole of the price for the goods (together with any delivery charges) that you order before your order can be accepted. Once payment has been received by us we will confirm that your order if accepted has been accepted by sending an email to you at the email address you provide with your order or otherwise in writing. Our acceptance of your order brings into existence a legally binding contract between us.
The contract will create legal obligations as far as you are concerned in connection with the use of the goods. In particular you will be agreeing to fully comply with the terms of the license contained in clause 6 of Part A of these conditions. Our contract is binding on you and us and our respective  successors and assignees. You may not transfer, assign, charge or otherwise deal with or dispose of the contract without our prior written consent. We may assign, transfer, charge, sub-contract or otherwise dispose of our rights and obligations under the contract at any time during its term. If after you place your order we send you an acknowledgement of that order this does not mean that your order has been accepted unless the acknowledgement specifically says that it has been accepted.

 

2. Price

  1. The prices payable for goods that you order are as set out on our website. If applicable they include Value Added Tax (“VAT”).
  2. You may be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out on our website and will be displayed at our “checkout” prior to you being asked to confirm your order.

 

 

3. Right for you to cancel your contract or return the goods

  1. You may cancel your contract with us for the goods you order at any time before the goods or some of them are dispatched to you. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. To cancel your contract you must notify us either by email or otherwise in writing.
  2. Similarly you have the right to return the goods to us within 7 working days of the day after the goods are delivered to you. This is provided that they are returned unused at your expense and in the same condition that they were upon delivery. If you are returning the goods in this way you must notify us by email or otherwise in writing. In this way we are complying with consumer protection rights relating to UK distance selling.
  3. Once you have notified us that you are cancelling your contract or returning the goods to us in accordance with these conditions any sum paid to us for the goods (including any delivery charges which you have paid) from your credit or debit card will be credited to your account or otherwise repaid in an appropriate manner reflecting how you have paid us (e.g. PayPal) as soon as possible and in any event within 30 days of your order or within 10 days of the receipt of returned goods if later. If re-turned goods are damaged in any way or unusable then we will refund an appropriate proportion of the sum paid to us after we have advised you of the position by email or otherwise in writing.

 

 

4. Cancellation by us

  1. We reserve the right not to accept your order in whole or in part at our sole discretion or to cancel the contract between us if:
    1. we have insufficient stock to deliver the goods you have ordered;
    2. we do not deliver to your area or cannot deliver the goods you have ordered to your area; or
    3. one or more of the goods you ordered was listed at an incorrect price due to a typo- graphical error or an error in the pricing information received by us from our suppliers.
  2. If we do not accept your order or cancel your contract we will notify you by email or otherwise in writing and will credit to your account any sum paid to us from your credit or debit card or otherwise in an appropriate manner
    reflecting how you have paid us (e.g. PayPal) as soon as possible and in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

 

5. Delivery of goods to you

  1. We will deliver the goods ordered by you in the manner set out on this website and to the address you give us for delivery at the time you make your order.
  2. The goods will be dispatched as soon as possible after your order is accepted and in any event within 10 days of your order. If this is not possible for any reason we will advise you by email or otherwise in writing. Usually we dispatch the goods but on occasions the goods or some of them may be sent to you direct by our supplier.
  3. We may deliver the goods by instalments. On occasions we will replace goods already sent to you at our expense if we discover that they are faulty (e.g. a printing error).
  4. Where you or your addressee at the delivery address fail to take delivery of the goods we shall be entitled to charge our additional reasonable costs of redelivering the goods if you request or we attempt re-delivery.
  5. You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

 

6. Your license to use the goods and the intellectual property rights in them

You acknowledge and agree to be bound by the terms of our license to you to use the goods, as follows:

  1. you agree that the goods will only be used by you and for non commercial purposes.
  2. if in breach of your license the goods are used for commercial purposes you agree that within 7 days of receipt of an invoice from us and with time being of the essence you will pay us a sum equivalent to our current charge for providing the goods for the purpose for which you have used them less the sum that you have already paid for the goods together with all costs and expenses that we have reasonably incurred in enforcing the terms of your license.
  3. you agree that the Intellectual Property Rights in the goods remain vested in us and that we are granting you a non exclusive license to use the goods for the purpose set out in these conditions. “Intellectual Property Rights” include patents, design rights, copyright, trademarks, service marks (in each case whether registered or not), applications or rights to apply for any of the foregoing, database rights, Know-How, trade or business name, rights in confidential information, goodwill, and other similar rights existing in each case in any part of the world.
  4. without prejudice to the generality of the foregoing you agree that you will not copy, reproduce, resell or re-distribute the goods.

 

7. Liability

  1. If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by email which we have acknowledged or otherwise in writing at our contact address within 10 working days of the delivery of the goods to you with time being of the essence.
  2. If you do not receive the goods ordered within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us by email or otherwise in writing at our contact address of the problem within 40 days of the date on which you ordered the goods with time being of the essence.
  3. If you notify a problem to us under clauses 7.1 or 7.2 above, our only obligation will be, at your option:
    1. to make good any shortage or non-delivery;
    2. to replace or repair any goods that are damaged or defective; or
    3. to refund to you the amount paid by you for the goods in question in whatever way we choose.
  4. If we accept an order for delivery outside the United Kingdom the goods may be subject to import duties or other taxes in addition to VAT. These import duties or other taxes are outside our control and must be borne by you. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase. In some cases we are prohibited by law from exporting some items (e.g. ‘cracker snaps’) in which case any such items will not be dis-patched to you as part of your order and the description of the goods will be deemed to be varied accordingly.
  5. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition or arising from our contract generally and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.3.3 above.
  6. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

 

8. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent either by acknowledged email to our email address published on this web-site or to our office address at 55 St Augustine Avenue, Grimsby, North East Lincolnshire DN32 0LD, United Kingdom. All notices from us to you must be in writing and sent either by email to the email address that you provide in your order form or to the address you give us for delivery at the time you make your order.

 

9. Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, damage incurred in course of post, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

 

10. Invalidity

If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
11. Privacy

Both you and us acknowledge and agree to be bound by the terms of our privacy policy as detailed on this website.

 

12. Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
13. Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.
14. Entire agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
15. Waiver and Time

No delay act or omission by either you or us in exercising any right or remedy will be deemed a waiver of that or any other right or remedy. Unless stated otherwise time is not of the essence of any date or period specified in these conditions.

 

 

PART B – APPLICABLE TO DOWNLOADABLE GAMES ONLY

1. The contract between us

    When you place an order to purchase goods from us and tick the box indicating your acceptance of these conditions you make a binding offer to purchase those goods in accordance with these conditions and subject to the terms of the license agreement incorporated within them.
    At the same time you warrant to us that you are legally capable of entering into binding contracts and that you are at least 18 years old.
    We reserve the right to make non material alterations to the specification of the goods as described on this website.
    We must receive payment of the whole of the price for the goods that you order be-fore your order can be accepted.
    Once payment has been received by us we will confirm that your order if accepted has been accepted by sending an email to you at the email address you provide with your order. Our acceptance of your order brings into existence a legally binding contract be-tween us. The contract will create legal obligations as far as you are concerned in connection with the use of the goods. In particular you will be agreeing to fully comply with the terms of the license contained in clause 6 of Part B of these conditions.
    Our contract is binding on you and us and our respective successors and assignees. You may not transfer, assign, charge or otherwise deal with or dispose of the contract without our prior written consent. We may assign, transfer, charge, sub-contract or otherwise dispose of our rights and obligations under the contract at any time during its term.

2. Price

The prices payable for goods that you order are as set out in our website. If applicable they include Value Added Tax (‘VAT’).

 

3. Right for you to cancel your contract or return the goods

  1. You may cancel your contract with us for the goods you order at any time before the goods have begun be-ing downloaded from our website. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. To cancel your contract you must notify us either by email or otherwise in writing.
  2. You do not have the right to cancel your contract with us for the goods you order after the goods have been downloaded or partially downloaded from our website. If the goods prove to be faulty after downloading we will either replace them with a non faulty version or refund to you the amount paid by you for the goods in question in whatever way we choose. In addition and without any contractual obligation on our part, if the goods are not to your satisfaction we will sympathetically consider replacing them or making a refund provided (with time being of the essence) that you contact us within 5 days of the relevant download being completed.
  3. Once you have notified us that you are cancelling your contract in accordance with these conditions before the goods have been downloaded or partially downloaded from our website any sum paid to us for the goods from your credit or debit card will be credited to your account or otherwise repaid in an appropriate manner reflecting how you have paid us (e.g. PayPal) as soon as possible and in any event within 30 days of your order.

4. Cancellation by us

  1. We reserve the right not to accept your order in whole or in part at our sole discretion or to cancel the con-tract between us if we are unable to deliver the goods you have ordered;
  2. If we do not accept your order or cancel your contract we will notify you by email or otherwise in writing and will credit to your account any sum paid to us from your credit or debit card or otherwise repaid in an appro-priate manner reflecting how you have paid us (e.g. PayPal) as soon as possible and in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

 

5. Delivery of goods to you

  1. We will deliver the goods ordered by you in the manner set out on this website.
  2. You will become the owner of the goods you have ordered when they have been delivered to you in electronic format. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

 

6. Your license to use the goods and the intellectual property rights in them

You acknowledge and agree to be bound by the terms of our license to you to use the goods, as follows:

  1. you agree that the goods will only be used by you and for non commercial purposes.
  2. if in breach of your license the goods are used for commercial purposes you agree that within 7 days of receipt of an invoice from us and with time being of the essence you will pay us a sum equivalent to our current charge for providing the goods for the purpose for which you have used them less the sum that you have already paid for the goods together with all costs and expenses that we have reasonably incurred in enforcing the terms of your license.
  3. you agree that the Intellectual Property Rights in the goods remain vested in us and that we are granting you a non exclusive license to use the goods for the purpose set out in these conditions. “Intellectual Property Rights” include patents, design rights, copyright, trademarks, service marks (in each case whether registered or not), applications or rights to apply for any of the foregoing, database rights, Know-How, trade or business name, rights in confidential information, goodwill, and other similar rights existing in each case in any part of the world.
  4. without prejudice to the generality of the foregoing you agree that you will not copy, reproduce, resell or re-distribute the goods.

 

7. Liability

  1. If the goods we deliver electronically are not what you ordered or are defective we shall have no liability to you unless you notify us by email which we have acknowledged (or otherwise in writing at our contact address) of the problem within 10 working days of the delivery of the goods to you from our website with time being of the essence.
  2. If you notify a problem to us under clauses 7.1 above, our only obligation will be, at your option:
    1. to make good any shortage or non-delivery;
    2. to replace or repair any goods that are damaged or defective; or
    3. to refund to you the amount paid by you for the goods in question in whatever way we choose.
  3. If we accept an order for delivery outside the United Kingdom the goods may be subject to import duties or other taxes in addition to VAT. These import duties or other taxes are outside our control and must be borne by you. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
  4. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition or arising from our contract generally and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.2.3 above.
  5. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

 

8. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent either by acknowledged email to our email address published on this web-site or to our office address at 26a Wellowgate, Grimsby, North East Lincolnshire DN32 0RA, United Kingdom. All notices from us to you must be in writing and sent either by email to the email address that you provide in your order form or to the postal address you give to us at the time you make your order.

 

9. Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, damage incurred in course of post, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

 

10. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

11. Privacy

Both you and us acknowledge and agree to be bound by the terms of our privacy policy as detailed on this website.

 

12. Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

13. Governing law

The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

 

14. Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

15. Waiver and Time

No delay act or omission by either you or us in exercising any right or remedy will be deemed a waiver of that or any other right or remedy. Unless stated otherwise time is not of the essence of any date or period specified in these conditions.

@RedHerringGames

Floss has clearly had a tough day at the office meeting and greeting couriers and painters and decorators.… https://t.co/JnrFJViw6B
busy day planning. And Printing. And Plotting. And Packaging. And now I'm shrinkwrapping, and it doesn't begin with a P. :-( @emmaRHG
RT @emmaRHG: Arrived in the office to find @Redherringgames being very rude about the printers! Here we go again... #definitelyChristmaspl
@PurePunjabiLtd It might be!!
Is it wrong to be terribly excited about a printer??
"Join us for Team Building Murder Mystery at Lees Hall Golf Club - Sheffield " https://t.co/LUr86bTY17
Join us for Team Building Murder Mystery at @LeesHallGC - Sheffield https://t.co/LUr86bTY17 @EmmaRHG
@eamonngriffin @SamEades Evidence tape, coroners toe tags, evidence labels, photography cards, flags... and we can… https://t.co/manv6O0vvB
@eamonngriffin @SamEades We can certainly help! We have evidence bags, CSI tape, Police tape, fingerprint kits, Gu… https://t.co/ZB00tgExQM
Wishing @emmaRHG a very Happy Birthday today. https://t.co/VgKBTa6EpN

Flexible and fun!

We contacted Red-Herring-Games for a party for a special occasion. Why going to restaurants to eat is the preferred activity to mark milestones is beyond me and my friends.   The choice of mystery was obvious, looking at the options from New Zealand on the web Red Herring stuck out from the international options.  A quick look at the site and games showed subtlety as well a range of choices.  The numbers you could have for each evening was important,  Red Herring had scaling options a good range of scenarios but most importantly were Jo and team being flexible, responsive and helpful.

Rachel McWilliam, Arts Development Officer, Lincs Inspire

Thank you Red Herring Games for the marvellous 'Murder!  Cargo Connections?' event that you organised for us as part of Museums at Night at the Fishing Heritage Centre in Grimsby. The whole evening went so well and was brilliant fun.  I know from all the feedback that our visitors had a fantastic time. It was really good working with you and I have no doubt that we will do again in the not too distant future.  

A. Nonymous (council employee)

I would like to thank you and your colleague for helping contribute towards our successful conference last month.  Everyone really seemed to enjoy the evening and it was rewarding that so many delegates were able to participate in addition to the main "Actors".  Our conference evaluation froms included the following comments:
  • "Enjoyed the evening entertainment!"
  • The evening entertainment was great and the confusion made it great fun!"
With thanks and best wishes.

Sarah Spencer (Cleethorpes Chronicle)

I had no idea what to expect before purchasing a ticket for Old, New, Borrowed, Blue, which was being staged at a nearby hotel, and feared it might involve taking part in some way. However thankfully for me no acting was necessary, just some amateur sleuthing. "Wedding guests" of which I was one, were called upon to move from room to room in the hotel in groups, questioning a number of possible murderers with the aim of solving the mystery of the dead bridegroom. The interviewees were really fun characters and gave us all some good laughs. Of course they all had motives and it was a case of identifying the shiftiest. The wedding theme was particularly good, as it fitted well with the venue, the buffet that was part of the evening (with a wedding cake in the middle) and the fact that everyone had been able to dress up to fit in without going to the trouble of fancy dress. I didn't think I had enough "evidence" to actually accuse anyone but later regretted not even writing down my first guess as it wouldn't have been too far off the mark. The evening was great fun and everyone seemed to enjoy it and take part. I would definitely recommend Old, New, Borrowed, Blue as good for getting even reluctant or first-time mystery party-goers involved.  

Alan Young (Personal Touch Mortgages)

What a cracking nights entertainment! We don't get out much nowadays with 2 kids and this was exactly what we were looking for in a good night out. Lots of fun with tongue firmly in cheek and everyone kept guessing whodunnit right to the very end. Would definitely attend another!!!!!  

Newsletter

© Red Herring Games Ltd. Company No. 07753101 VAT No. GB 168 2160 09 | Professional Website Management Web Design Company and SEO Agency REDSE7EN