Terms & Conditions
All orders and subscriptions are subject to these terms and conditions.
In these conditions:
“We” or “us” or “our” or "supplier" or ”company” means Barton Technology Ltd trading as Chilling Screams of Trident Court, 1 Oakcroft Road, Chessington, Surrey, KT9 1BD, United Kingdom. Chilling Screams is a trading name of Barton Technology Ltd.
“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;
“goods” 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;
“working day” means a working day in the United Kingdom (other than a Saturday, Sunday or Public Holiday) when banks in London, UK are open for business.
The email address to use to contact us is [email protected]
1. The contract between us
1.1 When you place an order to purchase goods from us you are indicating your acceptance of these conditions and 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.
1.2 We reserve the right to make non-material alterations to the specification of the goods as described on this website.
1.3 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.
1.4 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 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. Subscriptions & Cancellations.
2.1 BY PURCHASING ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS AN INITIAL AND RECURRING PAYMENT FEATURE AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES PRIOR TO CANCELLATION OF THE AUTOMATIC RENEWAL OF YOUR SUBSCRIPTION AND YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE PERIODS.
YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR MEMBERSHIP BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD.
IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO YOUR SUBSCRIPTION RENEWAL. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.
2.2 Cancellation. Your subscription will automatically renew unless you cancel your subscription by notifying us at least 3 business days prior to the end of your current subscription. You may do this via completing the cancellation process within your online customer portal. Cancellations for susbcriptions cancelled whilst still in a commitment terms will be cancelled once that commitment term has ended. Cancellations do not initiate any kind of refund if you fail to cancel before the renewal date.
2.3 Automatic Renewal. Your renewal date for all pre-paid subscriptions will be the anniversary of your sign-up date after your initial term ends.
For example, if you bought a six-month subscription on January 7th, your subscription would renew for another six months on July 7th.
2.4 If you have a renewal anniversary date on the 30th or 31st of the month, your renewal date will be moved to accommodate months that do not have those dates. For example, if your subscription was started on January 31st and had a one-month term, it will renew on February 28th (or 29th if it is a Leap Year), and thereafter your renewal date will be the 28th of each subsequent month.
2.5 If you cancel the automatic renewal of your subscription, you may use your subscription until the end of your then-current subscription term. The Company may submit periodic charges (e.g., monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method.
2.6 If you cancel the automatic renewal of your subscription, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. If the Company does not receive payment for a renewal prior to the date of renewal, the Company may, in its discretion, do one or more of the following:
(i) demand full payment,
(ii) charge any form of payment you have obtained to replace your provided form of payment (e.g., you have obtained a replacement credit card number), and you hereby authorise the Company to do so, and
(iii) terminate or suspend your subscription.
2.7 IF YOU DO NOT CANCEL PRIOR TO THE RENEWAL DATE OF A CALENDAR MONTH, YOU WILL BE CHARGED FOR THAT MONTH’S SERVICE AND YOU WILL RECEIVE A MONTHLY BOX. All cancellation requests received after the renewal date of a calendar month will apply to the following calendar month.
2.8 By us stating you can cancel at anytime this directly refers to the renewal and not your commitment term.
2.9 If you have committed to a subscription period lasting longer than one month (e.g., a six month deal/plan, a twelve month deal/plan), you will automatically be charged each month during that subscription period, even if you have set your subscription or membership to cancel prior to the end of that subscription period. Further, unless you cancel your subscription or membership prior to the end of your then-current subscription period, at the end of that period, your subscription will automatically be renewed for an additional subscription period of the same amount of time.
3. Price & Payments
3.1 The prices payable for goods that you order are as set out on our website. If applicable they include Value Added Tax (“VAT”).
3.2 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.
3.3 All customs duties and taxes are the responsibility of the customer.
3.4 Prepaid credit / debit cards are not accepted.
3.5 For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date, you do not edit your credit card information and you have an ongoing subscription, you authorise us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your membership should you wish to discontinue your monthly purchase of Products.
4. Refunds, the right for you to cancel your contract or return the goods
4.1 All sales and subscriptions made on our Site are considered final. You have the right to cancel and return the initial order goods to us within 14 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 cancel your subscription via the online customer portal and request the refund in the comments section. You will then be supplied with an appropriate RMA reference which must be included with the returned items. In this way we are complying with consumer protection rights relating to UK distance selling.
4.2 No refunds are accepted after the statutory 14 day period from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods (or the first delivery of goods in the case of recurring orders).
4.3 No refunds are accepted on any recurring subscription (the ones after the initial payment) payment or delivery.
4.4 Once you have notified us that you are cancelling your contract and the goods have been safely returned to us in accordance with these conditions, any sum paid to us for the goods (including any original delivery charges which you had paid to receive 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 or credit/debit card) 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 returned 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.
4.5 In the event of a refund it is the customer's responsibility to arrange and pay for postage/shipping back to us (e.g. at their own expense). Please note this amount is not refundable.
4.6 All digital products, print-at-home products or other non-physical products (including software and media provided online) are NOT eligible for returns or refunds due to their nature and ease of reproduction.
5. Cancellation by us
5.1 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:
5.1.1 we have insufficient stock to deliver the goods you have ordered;
5.1.2 we do not deliver to your area or cannot deliver the goods you have ordered to your area; or
5.1.3 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.
5.2 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. credit card) 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.
6. Delivery of goods to you
6.1 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.
6.2 The goods will be dispatched as soon as possible after your order is accepted and in any event within 10 working 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.
6.3 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).
6.4 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.
6.5 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.
6.6 We will always process shipping and delivery based on the information you supply at time of order. It is your responsibility to ensure that the current shipping delivery information we hold on file for you is correct and can be safely delivered to.
6.7 If you need to change your shipping address at any time you can do it via our website or by emailing the support team at [email protected] Please allow 3 UK working days for details to be updated across all our systems.
6.8 If a delivery is shipped to an incorrect address which you have supplied we shall be entitled to charge our additional reasonable costs of redelivering the goods if you request or we attempt re-delivery.
7. Your license to use the goods and the intellectual property rights in them
7.1 You acknowledge and agree to be bound by the terms of our license to you to use the goods, as follows:
7.1.1 you agree that the goods will only be used by you and for non-commercial purposes.
7.1.2 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.
7.1.3you 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.
7.1.4 without prejudice to the generality of the foregoing you agree that you will not copy, reproduce, resell or re-distribute the goods.
7.2 All game parts are copyrighted. All logos and designs are considered trademarked.
8.1 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.
8.2 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.
8.3 If you notify a problem to us under clauses 8.1 or 8.2 above, our only obligation will be, at your option:
8.3.1 to make good any shortage or non-delivery;
8.3.2 to replace or repair any goods that are damaged or defective; or
8.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
8.4 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.
8.5 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 in which case any such items will not be dispatched to you as part of your order and the description of the goods will be deemed to be varied accordingly.
8.6 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 8.3.3 above.
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.
8.7 Please note that our games include small items which could be swallowed by young children. Always make sure that game items are kept out of reach from small children to prevent choking and swallowing hazards.
8.8 Please also note that our games are not deemed suitable for an audience under 16 years of age.
9.1 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 Barton Technology, Trident Court, 1 Oakcroft Road, Chessington, Surrey, KT9 1BD, 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.
10. Events beyond our control
10.1 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, medical emergencies, pandemics, explosion or accident.
11.1 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.
13. Third party rights
13.1 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.
14. Governing law
14.1 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.
15. Entire agreement
16. Waiver and Time
16.1 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.
17.1 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or to the Contract (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
By placing an order for Goods and/or Services the Customer is deemed to have accepted these terms and conditions in their entirety. An order is deemed to have taken place when The Supplier receives:
18.1 A completed order form;
18.2 An email authorising the order;
18.3 A verbal confirmation to proceed with the order;
18.4 A completed purchase through an online website store or buy now button whether or not payment is taken at the time of order.
19. Right to amend these Terms and Conditions
19.1 We may change these terms and conditions at any time by posting a new version on our website and/or by emailing them to you. Please check them carefully as they will apply to any recurring deliveries or new orders occurring after the effective date shown.
19.2 Your continued use of the Website and/or Services constitutes your acceptance of such change(s).
Last Updated: 04/04/2020