TERMS AND CONDITIONS OF SALE

THE CUSTOMER

By placing an order through the Website, the Customer confirms that they meet the minimum age requirement for purchasing any Product in their order for which an age restriction applies.

 

THE SALES CONTRACT

Once the Customer has completed their order, they will receive an email from Occicat Games acknowledging receipt of the order. This does not mean that the order has been accepted. The Customer’s order constitutes an offer to Occicat Games to purchase the Products. All orders are subject to acceptance by Occicat Games. Confirmation of such acceptance will be provided to the Customer by means of a notification confirming that the Products have been dispatched (hereinafter referred to as the “Dispatch Confirmation”). The contract between Occicat Games and the Customer (hereinafter referred to as the “Contract”) is formed as soon as any one of the following events occurs:

the Dispatch Confirmation is sent;

Occicat Games receives payment for the order;

the Products are dispatched to the Customer.

The Contract applies only to those Products whose dispatch has been confirmed by Occicat Games in the Dispatch Confirmation. Occicat Games shall not be obliged to supply any other Products included in the order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

Occicat Games reserves the right:

to refuse all or part of an order where the Products are unavailable, regardless of the reason;

to refuse all or part of an order where the Website contains obvious errors or inaccuracies relating to the description or price of a Product;

to impose restrictions on the quantities ordered of any Product where availability of such Products is limited.

 

OWNERSHIP OF PRODUCTS

The Customer becomes the owner of the Products once they have been delivered.

Once the Products have been delivered, they become the Customer’s responsibility. Occicat Games shall not be held liable for their use, loss or destruction.

 

PRICES AND PAYMENT

The price of the Products shall be the price displayed on the Website, except in the circumstances relating to pricing errors set out below. The price of the Products is confirmed before the order is finalized and is also stated in the Dispatch Confirmation.

All prices are displayed in the currency corresponding to the country selected by the Customer. The Customer will be charged in that currency.

Product prices may change at any time. However, such changes will not affect orders that have already been finalized and confirmed by a Dispatch Confirmation.

Product prices may be subject to certain sales taxes depending on the destination to which the order is to be shipped. Prices displayed on the Website at the time of order confirmation take such taxes into account where applicable. If the Customer is liable for any tax that has not been collected by Occicat Games, it is the Customer’s responsibility to pay such tax where required.

Product prices do not include shipping costs, which will be added, where applicable, to the total amount payable when the Customer confirms the order. Details of shipping costs are available on the Website’s Shipping and Delivery page.

Despite our best efforts, it is always possible that some of the Products listed on the Website may be incorrectly priced. If the correct price of a Product is lower than the price displayed on the Website, Occicat Games will charge the Customer the lower price at the time of dispatch. If the correct price of a Product is higher than the price displayed on the Website, Occicat Games may, at its discretion, either contact the Customer for further instructions before dispatching the Products or refuse the order and inform the Customer accordingly.

Occicat Games is under no obligation to supply Products to the Customer at an incorrect lower price, even after a Dispatch Confirmation has been issued, where the pricing error is obvious and unmistakable and could reasonably have been identified by the Customer as an error.

Payment for the Products must be made using one of the payment methods available at the time the order is confirmed.

 

DELIVERY

The Products will be delivered to the address specified by the Customer in their order and in accordance with the delivery option selected at the time of confirmation.

Occicat Games invites the Customer to refer to the “Delivery of Your Order” information provided in the Shopping Cart section.

Orders are dispatched as soon as possible.

Occicat Games takes all reasonable steps to ensure that orders are dispatched and delivered within the stated timeframes. However, such timeframes are provided for information purposes only and are not contractually binding.

Occicat Games may delay the dispatch or delivery date, cancel a Contract, or remove Products from an order without incurring liability if Occicat Games is delayed or prevented from carrying out its activities due to circumstances beyond its reasonable control. Such circumstances include, but are not limited to: natural disasters, government actions, wars or national emergencies, acts of terrorism, demonstrations, riots, insurrections, fires, explosions, extreme or unusual weather conditions, floods, epidemics, exceptional closures, strikes or other industrial disputes, fuel shortages, restrictions or delays affecting carriers, or the inability or delay in obtaining adequate or suitable supplies or materials.

Occicat Games reserves the right to dispatch orders in multiple shipments where certain items are unavailable at the time the order is finalized or where the order is too large to be delivered in a single shipment. In such circumstances, the Customer will only be charged shipping costs once for the entire order. If the Website indicates that a Product is unavailable, the Customer is advised to place a separate order for the available Products in order to avoid any delays.

 

CANCELLATIONS AND RETURNS

Occicat Games hopes that Customers will be satisfied with all Products purchased through the Website. However, the Customer may cancel the Contract at any time, for any reason, within seven working days from the day on which the Products are received (the “Cooling-Off Period”). If the Customer decides to cancel the Contract, they will receive a full refund of the amount paid for the Products.

To cancel a Contract, the Customer must send written notice, which must be received by Occicat Games within the Cooling-Off Period, either by email or by post. The notice must include the Customer’s name and address, as well as the details of the order. Email is the preferred method of communication, as Occicat Games will be able to process the cancellation more quickly if notice is given by email. The Customer must also return the Product(s) to Occicat Games without undue delay, at their own expense and risk, and in the same condition in which they were received. Occicat Games recommends using a registered or tracked shipping service in order to reduce the risk of the Products being lost in transit.

Where a Customer returns Products in accordance with the procedure described above, and provided that the Products are in the same condition in which they were received, Occicat Games will refund the amount due to the Customer as soon as the returned Products have been inspected and, in any event, no later than 30 days from the date on which notice of cancellation was received. Occicat Games will refund the full cost of the Products, including the original shipping costs, but excluding the cost of returning the Products.

Products returned by the Customer due to defects will be inspected by Occicat Games. If the defect is confirmed, Occicat Games will inform the Customer of their right, at the Customer’s choice, either (i) to receive a replacement Product or (ii) to receive a refund for the defective Product. Where a refund is requested, Occicat Games will issue the refund, including the original shipping costs and the costs incurred in returning the Products, as soon as possible and, in any event, no later than 30 days from confirmation that the Customer is entitled to a refund for the defective Product.

Occicat Games generally issues refunds in the form of credit applied to the Customer’s account on the Website. If the Customer requests an alternative method, Occicat Games will refund the amount using the same payment method originally used by the Customer to make the purchase.

Except where otherwise provided by law, Occicat Games shall not be liable for any direct or indirect loss, damage or expense (including loss of profits, business, revenue or other intangible losses) arising from or in connection with any defect in a Product, and shall not be required to pay the Customer any compensation exceeding the amount paid by the Customer for the Product concerned.

Nothing in these Terms is intended to restrict any rights that the Customer may have as a consumer under applicable local law or any other statutory rights that cannot legally be excluded. Nor shall anything in these Terms exclude or limit the liability of Occicat Games for death or personal injury resulting from its negligence or fraud.

 

CUSTOMS DUTIES AND TAXES

Your order may be subject to customs duties, import charges or taxes when the Products reach certain destinations. The Customer is responsible for paying any such customs duties, taxes and import charges. Occicat Games has no control over these charges and cannot predict their amount.

 

COMPLAINTS

Occicat Games strives to provide a high-quality service and attaches particular importance to the views, opinions and feedback expressed by its Customers regarding the Products and services provided. If Occicat Games has failed to fulfil its obligations to a satisfactory standard, Customers are invited to contact Occicat Games, which will make every reasonable effort to resolve the issue.

 

GENERAL PROVISIONS

Applicable laws require certain information or communications sent by Occicat Games to the Customer to be provided in writing. By using the Website, the Customer agrees that communications between Occicat Games and the Customer may primarily take place electronically. The Customer may be contacted by email or informed by means of notices published on the Website. For the purposes of the Contract, the Customer agrees to the use of such electronic means of communication and acknowledges that all Contracts, notices, information and other communications provided electronically by Occicat Games satisfy any legal requirement that such communications be made in writing.

Any notice from the Customer to Occicat Games must be made in writing and sent by email, registered mail or airmail. Full contact details for Occicat Games are provided above. Any notice from Occicat Games to the Customer may be published on the Website, sent by email, or sent by registered mail or airmail to the address provided by the Customer to Occicat Games. Notices published on the Website shall be deemed to have been received immediately. Notices sent by email shall be deemed to have been received 24 hours after the email was sent. Notices sent by registered mail shall be deemed to have been received three working days after posting, and notices sent by airmail shall be deemed to have been received ten working days after posting.

The Contract is personal to the Customer. The Customer may not transfer, assign or otherwise dispose of any of their rights or obligations arising under the Contract.

If any of these Terms or any provision of the Contract is declared invalid, unlawful or unenforceable by a competent authority, this shall not automatically affect the validity of the remainder of the Contract. All remaining Terms and provisions shall continue to apply to the fullest extent permitted by applicable law.

Any failure or delay by Occicat Games to enforce any or all of the provisions of this Contract shall not be construed as a waiver of its rights under the Contract. Any waiver granted by Occicat Games in respect of a breach or default by the Customer under any provision of the Contract shall not be construed as a waiver of any subsequent breach or default and shall not affect the validity of any other provision of the Contract.

Occicat Games reserves the right to correct and amend these Terms from time to time. The latest version of these Terms is available on the Website. The Customer shall be subject to the policies and Terms in force at the time the Products are ordered from Occicat Games.

No provision of any Contract shall apply to, or be enforceable by, any person who is not a party to that Contract.

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