Terms and Conditions
The following Terms and Conditions of Sale applies to all items and games we sell, and the Purchaser (Buyer) agrees to all terms below by making any purchase from Pinball Owner website or store locations:
1.DEFINITIONS
1.1 “Client” also referred to as “You” or “customer” means an individual who is not acting for the purposes of his/her business or profession and customer who is not a Consumer.
1.2 “Pinball Owner” means Pinball Owner Ltd, also referred to as “We” or “Us” in these terms and conditions.
1.3 “Catalogue” means the catalogue of products and services offered by Pinball Owner.
1.4 “Force Majeure” means any cause affecting the performance by Pinball Owner of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but not limited to) governmental regulations, fire, flood or any disaster or industrial dispute affecting a third party.
1.5 “Normal Working Hours” means 9 am to 9 pm on a Working Week Day (Monday to Saturday)
1.7 “Working days” means Monday to Sunday, excluding Bank or other Public holidays.
1.8 “Delivery Address” means the address for delivery of the Goods to You, as indicated by You when placing an Order.
1.9 “Order” means the placing of an order (or an Order Form via the Website) with Us;
1.10 “Website” means Our website of www.pinballowner.com;
WARRANTY INFORMATION
3-Year Limited Warranty (Within EU Service Area):
Our 3-year limited warranty, which includes our new arcade games and new pinball machines, covers telephone diagnosis, repair and replacement of parts for up to 3 years after you receive your machine. Our warranty covers all parts, labor and road service on the 1st year after you receive your machine. 2nd year after you receive your machine we charge €100 flat rate per service call, all parts, labor and road service included. 3rd year after you receive your machine we charge €165 flat rate per service call, all parts, labor and road service Included. This warranty does not cover abuse or misuse or any item that is moved or repaired without authorization by Pinball Owner.
1-Year Limited Warranty (Within EU Service Area):
Our 1-year limited warranty, which includes our refurbished and restored arcade games and refurbished and restored pinball machines, covers telephone diagnosis and repair and replacement of parts for up to one year after you receive your machine. Our warranty covers all parts, labor and road service for the first 90 days after you receive your machine. The remaining balance of the year after you receive your machine we charge €100 flat rate per service call, all parts, labor and road service included. This warranty does not cover abuse or misuse or any item that is moved or repaired without authorization by Pinball Owner.
What you can expect in a long distance warranty issue:
a) Lifetime telephone technical support.
b) Standard Warranty applies, with the exception of on-site repairs and service. Those costs are the sole responsibility of the recipient.
c) In the event of a defect or malfunction with your equipment please:
Take pictures of the issue, and call or Whatsapp Us on +46737640564
We have telephone technicians ready to take your call and help. (M-F 9-5est)
Should the issue require more in depth troubleshooting, We have a nationwide technician network or in some cases, may ask your assistance to help find contact information for an Amusement/Arcade technician local to your area.
In this case We will vet and conduct business, On Your Behalf, with this provider. We will provide them with any parts as the warranty states. We cannot pay non-employee wages. That is the sole responsibility of the purchaser. Purchaser is always responsible for labor fees.
2. CHANGES TO THESE CONDITIONS
2.1 We will notify You regarding any more significant changes to these Conditions and this Website and you may then contact us to end the contract before the changes take effect and receive a refund for any goods paid for but not received.
2.2 You must be over the age of 18 years to place an Order and We reserve the right not to accept an Order where We reasonably believe that You do not meet this requirement.
2.3 These Conditions together with Our Order Form constitute the whole agreement between the parties and supersede any prior promises, representations, undertakings or implications whether written or oral.
2.4 We request that you note the right of cancellation in clause 3 and the limitation of liability in clause 13.
3. OUR CONTRACT WITH YOU: ACCEPTANCE AND CANCELLATION
3.1 Where Goods are ordered from the Website You will be required to submit an Order Form. You will also be required to click through, read and accept this document before being able to proceed with Your Order. Goods may also be ordered over the telephone AND Whatsapp by contacting Us on +46737640564.
3.2 The placing of an Order with Us shall be deemed to be Your acceptance of these Conditions.
3.3 By submitting an Order Form or placing an Order via the telephone AND Whatsapp with Us, You shall be deemed to have accepted these Conditions. We will then send an automatic receipt of order to the email address You have provided (for the avoidance of doubt this will not constitute acceptance of Your Order).
3.4 All Goods are subject to availability. If the Goods You have ordered are unavailable We will contact You to advise of the date of availability or to discuss the supply of a suitable alternative item. Should You wish to cancel Your Order at this point then You will be able to do so. If we are unable to accept your order, we will inform you of this and will not charge you for the goods. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the goods or because we are unable to meet a delivery deadline you have specified.
3.5 If the Goods ordered are available, We will then send You written confirmation of acceptance of the Order (“Acceptance Notice”).
3.6 We will assign an order number to you and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.7 Our website is solely for the promotion of our goods in Estonia. We do accept orders from and deliver to outside of Estonia. However this is at Our discretion once receiving an Order Form from You as it depends on factors including the nature of the Order, availability of products and factors which are outside of Our control.
3.8 Orders received on Saturdays, Sundays or public holidays and after 2pm on weekdays, will be processed the next working day.
4. TRADE NAMES & TRADE MARKS
4.1 Trade names and marks (other than Pinball Owner’) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.
4.2 Pinball Owner and the Consumer acknowledge the intellectual property rights of suppliers and manufacturers of the products appearing Pinball Owner’ sales literature and on Pinball Owner’ website.
5. PRODUCT DESCRIPTION & SPECIFICATION
5.1 Pinball Owner makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.
5.2 If Pinball Owner cannot supply the goods ordered by the Customer, Pinball Owner reserves the right to offer goods of equal or superior quality at no extra cost. In such a case, if the Customer does not wish to accept the alternative goods offered, he or she may cancel the order and require the refund of any money paid to Pinball Owner in respect of that order, including carriage charges. This shall be the sole remedy of the Customer in these circumstances.
5.3 You will be responsible for ensuring that the Order Form and Acceptance Notice is complete and accurate, and that the Goods will fit through doorways and have sufficient room to enable their use on Your premises. You acknowledge and accept that We will not be held responsible should this not be the case.
5.4 The packaging of the Goods may vary from that shown in images on Our website.
5.5 If You wish to make a change to the goods you have ordered please contact Us. We will let you know if the change is possible. If it is possible We will let You know about any changes to the price of the goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask You to confirm whether You wish to go ahead with the change.
6. YOUR RIGHTS OF CANCELLATION AND RETURNS
Please note that special terms apply to Consumers who wish to return goods, which prevail over the provisions of this Clause 6.
6.1 Pinball Owner is committed to providing our customers with the highest quality products and service. However, on rare occasions, products may be found to be faulty or defective. In such cases we offer the returns facilities described below.
6.2 If you purchase goods in the course of your business, the following provisions of this Clause shall apply. Other than the express provisions set out in these terms and conditions, all other terms and the implied terms or warranties relating to the supply of goods are excluded to the fullest extent permitted by law. Goods are not tested or sold as being fit for any particular application or for use under specific conditions, unless expressly agreed in writing.
6.3 Subject to the right of Consumers to return goods for refund under The Consumer Protection (Distance Selling) Regulations 2000 (see Clause 8), Pinball Owner does not sell products on a trial basis. Customers are strongly advised to check suitability and specifications (including dimensions) of products before ordering.
6.4 Under the Consumer Rights Act 2015, customers wishing to return products should notify Pinball Owner in writing within 7 days, and the goods should arrive with Pinball Owner up to 14 days after this. If the goods are considered not as described or faulty, the customer has 30 days to submit written notification and a further 14 days to return the products. Refunds can then take up to 14 days to be processed.
6.5 No contract shall be cancelled once accepted by Pinball Owner nor shall any Goods which are delivered in accordance with the contract be returned without prior written approval of Pinball Owner and on terms to be determined at the absolute discretion of Pinball Owner.
a) Pinball Owner’ technical support staff or Customer Support staff, as appropriate, will advise you of which method of delivery to use to return the products. Depending on the nature of the product purchased, we will either arrange a courier collection, or request that you return the product directly to us. If the goods are found on inspection to be defective, the cost of returning the item will be refunded to you. Authorized product returns must be sent to: Pinball Owner, Karlavägen 62,
114 49 Stockholm, Sweden.
b) A Goods Returns Authorization Number (RAN) must be obtained from Pinball Owner for each and every return so that we are able to administratively process your return, otherwise we have no means of identifying the Goods being returned. This may result in difficulties in returning monies. The RAN must be clearly shown on each parcel returned, and must be in the original manufacturer’s packaging (which shall not be defaced) complete with accessories, manuals and documentation. Software packages must be returned unopened with the software seals in tact. Except in the case of faulty Goods, returned items not complying with these requirements will be rejected.
c) Pinball Owner cannot accept liability for packages damaged during transit. It is the Customer’s responsibility to wrap the product adequately to prevent damage.
d) Proof of postage is not proof of delivery and you are therefore strongly advised to send your package by recorded delivery, registered post or courier, and to insure the goods for their full value.
e) On receipt of the returned product, if following the testing process, the product is found to be in good working order without defect, we will return the product to you, and the carriage costs of this return will be your responsibility. Please note that if you have, in the meantime, required us to provide you with a replacement product before completion of the testing process, you will have to pay for this product also.
6.6 The right to cancel does NOT apply to personalized goods or goods made to a consumer’s specification
7. PRICE AND PAYMENT
7.1 We believe Our prices are among the most competitive in Estonia market. Should You find a price which You believe to be better elsewhere then please contact Us and We will do Our utmost to beat that price for You. We offer discounts for bulk purchases, repeat customers, schools, universities and charities (such discounts will be at Our sole discretion). For more information please contact Us on info@pinballowner.com.
7.2 All prevailing prices, fees, charges, disbursements, expenses and other sums at time of order payable hereunder are in Euro (€) and are inclusive of Value Added Tax (VAT).
7.3 Pinball Owner reserves the right to modify the prices from time to time without notice.
7.4 All quotations and prices are subject to adjustment on account of new specifications, modifications, quantities, shipment methods or other terms and conditions which are not part of the original price quotation.
7.5 It is always possible that, despite Our best efforts, some of the goods We sell may be incorrectly priced. We will normally check prices before accepting Your order so that, where the Goods’ correct price at Your order date is less than our stated price at your order date, we will charge the lower amount. If the goods’ correct price at our order date is higher than the price stated to You, we will contact You for Your instructions before We accept Your order. If We accept and process Your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by You as a mispricing, We may end the contract, refund You any sums You have paid and require the return of any goods provided to You.
7.6 We accept the following payment options:
• Credit or Debit Cards (Mastercard, Visa, American Express, Unionpay, Maestro and Solo)
• Money Orders
• Wire Transfers or SEPA
• Cash
7.7 If payment is not received from You by Us by the due date on the invoice which we sent to you with the Acceptance Notice we may charge interest to You on the overdue amount at the rate of 5% a year above the base lending rate of the Bank of Estonia from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay Us interest together with any overdue amount.
7.8 If You think an invoice is wrong please contact Us promptly to let Us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved We will charge You interest on correctly invoiced sums from the original due date.
8. The Consumer Protection (Distance Selling) Regulations 2000
8.1 Contracts for the purchase of goods by a Customer not acting in the course of a business and made over the telephone or through the Pinball Owner website, or by mail order, are, with the exception of certain excepted contracts, subject to The Consumer Protection (Distance Selling) Regulations 2000 (‘the Regulations’).
8.2 If the Regulations apply, Customers may cancel goods purchased from Liberty Games by sending a written notice of cancellation by post or hand delivery addressed to Customer Services at Pinball Owner, Karlavägen 62,
114 49 Stockholm, Sweden or by whatsapp to +46737640564 or by e-mail to info@pinballowner.com
8.3 The notice of cancellation must be delivered within 7 working days of the day after date of delivery of the goods.
8.4 The Customer will be responsible for the cost of returning the goods if he or she exercises this right of cancellation under the Regulations. If the Customer does not actually return the goods to Pinball Owner, the Customer is under a duty to make the goods available for collection at the Customer’s expense from the address to which they were delivered.
8.5 The Customer is under a duty to retain possession of the goods whilst awaiting return to Pinball Owner and to take reasonable care of them during this period. The Customer will be liable for any loss of or damage to the goods if he or she fails to comply with this obligation.
9. Pinball Owner’ LIABILITY
9.1 In its dealings with Business Customers, Pinball Owner shall under no circumstances be liable for any consequential or indirect damage or loss, however caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). Pinball Owner’ liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.
9.2 Nothing in this agreement shall limit Pinball Owner’ liability for death or personal injury caused by its negligence.
10. OUR RIGHTS TO END THE CONTRACT
10.1 We may end the contract for a product at any time by writing to You if:
10.1a payment is not received by Us when We process the payment immediately before the dispatch of the Goods within the payment period in the invoice sent with the Acceptance Notice to You and You still do not make payment within 7 calendar days of Us reminding You that payment is due:
10.1b you do not, within a reasonable time of Us asking for it, provide Us with information that is necessary for Us to provide the Goods, for example, in relation to You communicating and Us accepting details before Us accepting your Order which are required for effective delivery of the Goods to You; or
10.1c you do not, within a reasonable time, allow Us to deliver the products to You.
10.2 We may withdraw the goods. We may write to You to let you know that We are going to stop providing the goods. We will let you know at least as soon as reasonably practicable in advance of Our stopping the supply of the goods and will refund any sums You have paid in advance for products which will not be provided.
10. HEALTH & SAFETY
10.1 Pinball Owner confirms that the goods it supplies as a distributor do not present a hazard to health and safety
a) when properly used for the purpose for which they are designed; and
b) if the Customer takes reasonable and normal precautions in their use.
11. ORDERS
11.1 All contracts of sale made by Pinball Owner shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (“the Customer”) with whom Pinball Owner is dealing. Cancellation of orders by business to business customers is not accepted as many orders are dispatched on the same day the order is placed. Cancellation of orders by Consumers will be accepted in accordance with the Consumer Protection (Distance Selling) Regulations 2000. Nothing in these terms and conditions is intended to impinge upon a Consumer’s statutory or contractual rights to reject faulty goods.
11.2 All orders are subject to acceptance and to availability of the goods ordered: Pinball Owner is entitled to refuse any order placed by you.
11.3 You undertake that:
a) all details you provide to us for the purpose of purchasing goods or services offered on our web site are correct, and
b) the credit or debit card you use to make a purchase from us is your own card or your company’s card, that you are authorized to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.
11.4 Please note, Pinball Owner may record and / or monitor inbound and outbound calls and electronic traffic for training purposes.
12. DELIVERY & DELIVERY TIME
12.1 The Goods shall be delivered to the Delivery Address as set out in the Order Form, or to such other place of delivery as is agreed by Us in writing prior to delivery of the Goods.
12.2 Delivery will be deemed as successfully made once the Goods have arrived at the Delivery Address and signed for either by You or by someone at the delivery address on Your behalf. In the case of delivery to certain organizations such as hospitals, airports, hotels, ships and other business premises, the signature of any person authorized to accept delivery on behalf of the organization will be accepted as proof of delivery.
12.3 Prior to delivery, you will be contacted to agree a time with the courier for delivery. If You or someone at the delivery address on Your behalf are not available to accept delivery of the Goods, re-delivery may take up to 7-10 working days and you will be charged for the cost of re-delivery. We will notify You in advance of the amount of the cost of the re-delivery.
12.4 We do not normally deliver on Saturday, Sundays or public holidays.
12.5 Times for delivery of Goods from the date of acceptance of Your Order may vary and are intended to be an estimate only. Approximate times for delivery of certain items can be found next to the Goods advertised on the Website. Please note that in exceptional circumstances delivery can take up to 8 weeks (this is due to the nature of the manufacturing of certain Goods supplied and type of transportation).
12.6 You acknowledge and accept that We will not be responsible for any mistakes made on the Order Form by You regarding incorrect contact, address or delivery details. Where an error has been made You will be solely responsible for notifying Us in writing of the correct details before the Goods have been dispatched or as soon as possible thereafter.
12.7 If Our supply of the goods is delayed by an event outside Our control then We will contact You as soon as possible to let You know and we will take steps to minimize the effect of the delay. Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay You may contact Us to end the contract and receive a refund for any goods You have paid for but not received.
12.8 Where Goods are installed on Delivery, you are required to inspect the Goods before signing the delivery note. You must inform us within 24 hours of Delivery by phone on +46737640564 if you discover any surface defects or marks on the Goods. The Goods will be your responsibility once they have been signed for.
12.9 Where Goods are packaged, You must report any defects You discover on opening the packaging to us verbally by telephone on +46737640564 within 24 hours and in writing within 48 hours of Delivery.
12.10 If no one is available at Your address to take delivery, We will leave You a note informing You of how to rearrange delivery.
12.11 If You do not collect the goods from Us as arranged or if, after a failed delivery to You, We will contact You for further instructions and may charge You for storage costs and any further delivery costs. If, despite Our reasonable efforts, We are unable to contact You or re-arrange delivery or collection We may end the contract.
12.12 You have legal rights if We deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
12.12a we have refused to deliver the goods;
12.15b delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
12.15c you told us before we accepted your order that delivery within the delivery deadline was essential.
12.13 If You do not wish to treat the contract as at an end straight away, or do not have the right to do so, You can give Us a new deadline for delivery, which must be reasonable, and You can treat the contract as at an end if We do not meet the new deadline.
12.14 Any estimates given are subject to change and are dependent on time and method of payment, product availability, and turnaround times of shipping companies.
12.15 The shipping address provided by the customer must be accessible by an 18 wheeler semi-truck. If the customer provides a shipping address that is not accessible, any auxiliary charges incurred must be paid by the customer.
12.16 The customer is responsible for knowing the dimensions of the products being ordered and to insure the delivery location is accessible. If a customer is unable to receive an item due to inaccessibility and it is returned, it will be considered a refusal to take delivery and will be subject to a partial refund according to the Returns and Cancellations Policy below.
13. PRODUCT SETUP
13.1 Please note that some items on our web site require some assembly.
13.2 Most items sold by us also require a small amount of “setup time”, which instructions are provided for via game manuals and on our website.
13.3 We cannot be held responsible for any damage to items due to improper setup.
13.4 In the event that setup is provided by Us or its authorized representatives, we assume no responsibility for damage to the item or the premises in which the items is being delivered. This includes damage to walls, doors, doorways, flooring, and any other places where such damage might occur during deliver and setup.
14. FORCE MAJEURE
14.1 Pinball Owner shall not be liable to the Business Customer/Consumer or be deemed to be in breach of the contract by reason of any delay in performing or any failure to perform any of Pinball Owner’ obligations in respect of the Goods, if the delay or failure was due to any cause beyond Pinball Owner’ reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond Pinball Owner’ reasonable control:
a) act of God, explosion, flood, tempest, fire or accident;
b) war, threat of war, sabotage, insurrection, civil disturbance or requisition;
c) acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
d) import or export regulations or embargoes;
e) strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of Pinball Owner or of a third party);
f) difficulty in obtaining materials, labor or machinery; and
g) power failure or breakdown in machinery.
14.2 If we are unable to provide you with your Goods within a reasonable time due to circumstances outside our control, we shall either agree a new timescale with you for the delivery of the Goods or either of us may decide to terminate the contract in which case we will return any prepayments that you have made in full.
15. GENERAL TERMS OF BUSINESS
15.1 Nothing in these terms and conditions affects your statutory rights as a Consumer.
15.2 If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.
15.3 Any waiver of a breach of this Agreement must be in writing.
15.4 Any variation of this Agreement must be in writing and signed by a duly authorized Pinball Owner official.
15.5 The headings are for convenience only and shall not affect the interpretation of this Agreement.
15.6 Assignment You must not transfer any contract made with us under these Conditions, as it is personal to you, without written authority from us. This authority will not be refused without good reason.
15.7 Insolvency
This clause applies if:
a) the Business Customer/Consumer makes any voluntary arrangement with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction);
b) An encumbrance takes possession, or a receiver is appointed of any of the property or assets of the Business Customer/Consumer ; or
c) Pinball Owner reasonably apprehends that any of the events mentioned above is about to occur in relation to the Business Customer/Consumer and notifies the Business Customer/Consumer accordingly.
If this clause applies then without prejudice to any other right or remedy available to Pinball Owner, We shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Business Customer/Consumer and if the Goods have been delivered but not paid for, the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.
15.8 Customer Service queries
Pinball Owner shall make every reasonable effort to resolve or acknowledge by post, telephone or email any queries which the Business Customer/Consumer has made within 48 hours of receipt of any such query.
Pinball Owner shall make every reasonable endeavor to respond to complaints within 5 working days and keep the Business Customer/Consumer reasonably notified of any progress thereafter.
Telephone calls made to Pinball Owner may be recorded for training purposes.
15.9 Third Party (Rights) Act 1999
No third party shall be allowed to enforce any rights under this contract.
The parties hereby exclude the application of the Contracts (rights of Third Parties) Act 1999 to each and every contract made under these Conditions.
15.10 No Waiver
Pinball Owner’ failure to insist upon strict performance of any provision of these Conditions shall not be deemed a waiver of its rights or remedies in respect of any present or future default of the Business Customer/Consumer in performance or compliance with any of these Conditions.
15.11 Notice
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice.
Notice shall be delivered personally or sent by first class prepaid recorded delivery of by registered post (airmail if overseas) or by facsimile transmission and shall be deemed to be given in the case of delivery personally on delivery and in the case of posting (in the absence of evidence of earlier receipt) 48 hours after posting (six days if sent by airmail) and in the case of facsimile transmission on completion of the transmission provided that the sender shall have received printed confirmation of transmission.
15.12 Enforceability
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provision of these Conditions and the remainder of the provision in question shall not be affected.
15.13 Dispute
In the event of a dispute between the Business Customer/Consumer and Pinball Owner, should Pinball Owner in writing require, the Business Customer/Consumer agrees to submit to the jurisdiction in accordance with the Arbitration Act 1996 for the time being in force as a legally binding alternative to court action.
15.14 Jurisdiction
The contract shall be governed by the laws of Estonia and the Business Customer/Consumer agrees to submit to the non-exclusive jurisdiction of the Estonian courts.