Terms and Conditions

Gunsmoke Paintball (www.gunsmoke-paintball.co.uk) Online Store
General Terms & Conditions
(Version as of 15/03/2007)

1. Scope

The following terms and conditions shall exclusively apply to offers and deliveries of articles from the website www.gunsmoke-paintball.co.uk

2. Customers

Gunsmoke Paintball (www.gunsmoke-paintball.co.uk) only enters into agreements with Customers who are either
a. individuals having full legal capacity and are over 18 years of age, or
b. legal entities resident or having registered offices in the United Kingdom of Great Britain and Northern Ireland.

Gunsmoke Paintball (www.gunsmoke-paintball.co.uk) reserves the right to rescind the contract if an offer of other individuals or entities than those mentioned above was accepted by mistake.

3. Contract

A contract between Gunsmoke Paintball (www.gunsmoke-paintball.co.uk) and the Customer will be concluded by the order of the Customer, on the one hand, and the delivery of the ordered articles by Gunsmoke Paintball, on the other hand. Upon receipt of the order, Gunsmoke Paintball will send Customers an e-mail confirming this receipt.

4. Returns

To cancel you must email or write to us within seven days of delivery of your items, quoting your order number. You, the consumer, are obliged to take reasonable care of the items and return them in unused condition with the original packaging and accompanied by the original receipt. Returned goods are subject to a 20% restocking fee, Gunsmoke Paintball will not refund these costs.

The consumer is obliged to return the goods at their own cost within 30 days; Gunsmoke Paintball (www.gunsmoke-paintball.co.uk) will not refund this cost.

The customer is responsible for the goods until they are back in the possession of Gunsmoke Paintball (www.gunsmoke-paintball.co.uk) the customer must claim for any damages caused on the return, from the courier used.

If the goods are not returned in unused condition then the right to a refund is forfeited.

When returning items that are deemed to be faulty you must contact us by telephone or email, prior to sending the articles back and obtain instructions and authorised returns reference from Gunsmoke Paintball (www.gunsmoke-paintball.co.uk).

The return address for goods is:

Gunsmoke Paintball
Timberlands
Distillery Lane
Colchester
Essex
CO2 8EX
United Kingdom

In the case of queries regarding returns, please
- Send an e-mail to info@gunsmoke-paintball.co.uk
- Telephone Customer Service on +44 (0)7966 660892

We will give refunds in accordance with your legal rights under the Sale of Goods Act 1979 i.e. where goods are not of satisfactory quality or as described. We shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow manufacture's instructions, misuse, or alteration or repair of the goods.

In other instances we will consider an exchange or credit note provided that the goods are returned promptly; in their original condition and with the receipt.

Please remember that once the 7 day period allowed under the Distance Selling Regulations has lapsed you are not legally entitled to a refund if: a) you have changed your mind about the goods, or b) you find that you no longer need the goods.

You are not entitled to a refund under any circumstances if; a) you have damaged the goods, or b) you were aware of a stated defect before you bought the goods.

All items sold are accompanied with the respective manufacturers warranty. Your statutory rights are not affected

At our discretion we may take goods back after the period of 7 days allowed under the Distance Selling Regulations. These returned goods are be subject to a 20% restocking fee.

Excluded from the right of return are goods which were made according to the specifications of the Customer or clearly personalised (custom paintball markers), Paintballs, sealed DVD's or video recordings or software insofar as the seal has been removed by the Customer, as well as magazines and goods which - due to their nature – cannot be returned.

5. Delivery

The costs for packaging, delivery and postage amount can be seen on our shipping costs page along with countries which are delivered to. This does not apply for large goods that have to be despatched by other than Gunsmoke Paintball’s usual contracted carrier.

Goods are usually delivered within 1 - 3 days. If an article of an order is not available for immediate delivery, it will be delivered separately free of charge.

6. Prices & VAT

All prices for goods on the Gunsmoke Paintball (www.gunsmoke-paintball.co.uk) website include VAT at the relevant prevailing rate on the day of billing.

Our invoice will display not only the price for the goods in pound sterling but also any other elements of the ultimate price charged (i.e. VAT, delivery costs)

7. Payment

Gunsmoke Paintball (www.gunsmoke-paintball.co.uk) accepts Credit and Debit Card (or cheques via post) payments through our Secure Server (secured by RapidSSL.com). Credit card transactions are subject to a 2% handling fee.

In individual cases, Gunsmoke Paintball (www.gunsmoke-paintball.co.uk) reserves the right to require advance payment.

8. Ownership

Goods remain the property of Gunsmoke Paintball (www.gunsmoke-paintball.co.uk) until final payment has been received in full.

9. Warranty

All items sold are accompanied with the respective manufacturers warranty. Your statutory rights are not affected.

10. Liability

Gunsmoke Paintball (www.gunsmoke-paintball.co.uk) shall not be liable in the event of any damage or injury resulting from the sale of any products. Paintball is a sport and appropriate safety measures need to be taken.

Whilst prices and specifications are checked to the best of our ability, no responsibility can be taken for errors or ormissions.

We reserve the right to alter prices and specifications without further notice.We will endeavor to inform you of any changes affecting your order.

11. Age Requirement for Specific Goods

The law specifies a minimum age for the purchase of certain goods. You confirm that you are of the required age and that the goods are for your own use or that of another individual who is of the required age.

12. Force Majeure

Gunsmoke Paintball (www.gunsmoke-paintball.co.uk) shall not be liable for the failure or delay of deliveries, or for damage or defects to products, due to any cause beyond reasonable control of Gunsmoke Paintball (e.g. strikes etc.).

13. Design and Copyright

All forms of images and layout are the property of Gunsmoke Paintball (www.gunsmoke-paintball.co.uk) (images, logos and product content are used with permission from National Paintball Supply Europe www.npseurope.com). Reproductions, in part or in whole, are strictly prohibited without the prior written consent of Gunsmoke Paintball (www.gunsmoke-paintball.co.uk).

14. General

The agreement between Gunsmoke Paintball (www.gunsmoke-paintball.co.uk) and the Customer is governed by the laws of England and Wales. Both Gunsmoke Paintball and Customer submit to the exclusive jurisdiction of the English courts in relation to any dispute concerning this agreement.

15. Privacy and Data Protection

When you submit an order on our online shop you will be asked to provide certain information such as your contact details. We will store this data and hold it on computers or otherwise. We will use this data to fulfil our agreement with you.

We may use information that you provide or that is obtained by us:

(a) To register you with our website and to administer our web site services;
(b) For assessment and analysis (e.g. market, customer and product analysis) to enable us to review, develop and improve the services that we offer. We may inform you (by e-mail, telephone, mail or otherwise) about products and services (including those of other companies and organisations) that we consider may be of interest to you.
(c) For the prevention and detection of fraud.

We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose on-line. You accept the inherent security risks of providing information and dealing on-line over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.

You have the right to see personal data (as defined in the Data Protection Act) that we keep about you, upon receipt of a written request and payment of a fee. If you are concerned that any information we hold on you is incorrect please contact us.

Please be aware that our site may link to other web sites that may be accessed through our site. We are not responsible for the data policies or procedures or the content of these linked web sites.

16. Website Terms of Use

Click here for the Website Terms of Use.