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Terms and Conditions (Gift Vouchers and Rental Game)

Application

1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are Cryptic Events Ltd whose trading name is Cryptic Enigmas a company registered in England and Wales under number 10903306 whose registered office is at 53 Blackberry Drive, Frampton Cotterell, Bristol BS36 2SL. Our email address is puzzles@crypticenigmas.com; telephone number 07826949619; (the Supplier or us or we).
2. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Services;
5. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
6. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
7. Order means the Customer’s order for the Services from the Supplier as submitted following the step-by-step process set out on the Website;
8. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
9. Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
10. Website means our website www.crypticenigmas.com on which the Services are advertised.
11. Game means the escape room box delivered to you on a rental basis.

Services

12. The description of the Services and any Goods is as set out on the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in any Goods supplied.
13. All Services which appear on the website are subject to availability.
14. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Customer Responsibilities

15. You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with all information required to perform the Services.
16. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.

Personal Information

17. We retain and use all information strictly under the Privacy Policy
18. We may contact you by using email or other electronic communication methods and by pre-paid post and you expressly agree to this.

Basis of Sale (Gift Vouchers)

19. The description of the Services and any Goods in our website does not constitute a contractual offer to sell Services or Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
20. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
21. A Contract will be formed for the Services ordered only when you receive an email from us confirming the order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order, you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any Services.
22. No variation of the Contract, whether about the description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and Supplier in writing.
23. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
24. It is your responsibility to ensure that you have ordered the correct voucher, based upon your geographical location. A surcharge will be applied on the booking of your experience to cover delivery if the incorrect voucher was purchased.
25. All vouchers expire 12 months from the date of purchase.

Delivery (Game Rental)

26. We will deliver the Goods, to the Delivery Location by the time or within the agreed period.
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
28. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
29. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
30. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
31. We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
32. If you or your nominee fail, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
33. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
34. We require a minimum of 7 days’ notice of your intended event date to ensure that we can deliver the game to you in good time.
35. The Goods remain the property of Cryptic Events Limited trading as Cryptic Enigmas.
36. Goods must be returned to us at the agreed time, either via collection from your address by our nominated courier, or by drop off at an appropriate collection depot. The method of collection must be agreed at the time of the event booking.

Fees and Payment

37. The fees for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out on the Website at the date we accept the Order or such other price as we may agree in writing.
38. Fees and charges include VAT at the rate applicable at the time of the Order.
39. You must pay be submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.

Risk and Title

40. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
41. The Goods remain the property of Cryptic Events Limited trading as Cryptic Enigmas.

Withdrawal and Cancellation

42. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.
43. You have the right to request a refund for unused gift vouchers without giving a reason within the 14-day cancellation period. The cancellation period commences from the moment you place the order until 14 days after placing the order. To request a refund, you can write to us at Cryptic Events Ltd, 53 Blackberry Drive, Frampton Cotterell, Bristol BS36 2SL, or by email to puzzles@crypticenigmas.com.
44. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post or email). You must be able to show clear evidence of when the cancellation was made.
45. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
46. Your full refund will be processed within 14 working days of our receipt of your request for a refund.
47. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Conformity

48. We have a legal duty to supply the Goods in conformity with the Contract and will not have conformed if it does not meet the following obligation.
49. Upon delivery, the Goods will:
a) be of satisfactory quality;
b) be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c) conform to their description.
50. We will supply the Goods with reasonable skill and care.
51. We will provide the following after-sales service: The Supplier will arrange for the delivery and return of the game.

Circumstances Beyond the Control of Either Party

52. In the event of any failure by a party because of something beyond its reasonable control:
a) the party will advise the other party as soon as reasonably practicable; and
b) the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).

Privacy

53. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
54. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy.
55. For the purposes of these Terms and Conditions:
a) ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b) ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
c) ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
56. We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
57. Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a) before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b) we will only Process Personal Data for the purposes identified;
c) we will respect your rights in relation to your Personal Data; and
d) we will implement technical and organisational measures to ensure your Personal Data is secure.
58. For any enquiries or complaints regarding data privacy, you can email: puzzles@crypticenigmas.com.

Excluding Liability

59. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession.

Governing Law, Jurisdiction and Complaints

60. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
61. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
62. We try to avoid any dispute, so we deal with complaints as follows: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

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