Terms of service
OVERVIEW
This website is operated by Dream Consoles. Throughout the site, the terms “we”, “us” and “our” refer to Dream Consoles.
These Terms of Service apply to your use of the Dream Consoles website and to purchases made from us. By placing an order with Dream Consoles, you agree to these Terms together with any policies referred to within them.
Please read these Terms carefully before placing an order. If you do not agree with these Terms, you should not place an order through our website.
We may update these Terms from time to time. The Terms that apply to your purchase will be those in force at the time your order is placed.
Our online store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to offer our products and services online.
Nothing in these Terms affects your statutory rights as a consumer.
SECTION 1 - ONLINE STORE TERMS
You must have the legal capacity to enter into a contract when placing an order with us. If you are under 18, you should have the permission of a parent or guardian where appropriate.
You must not use our website, products or services for any unlawful, fraudulent or unauthorised purpose.
You must not introduce viruses, malicious code or other material that could damage, interfere with or compromise our website, systems or services.
We reserve the right to restrict or terminate access to our website where we reasonably believe it is being misused or used unlawfully.
SECTION 2 - GENERAL CONDITIONS
We may refuse, restrict or cancel access to our website or services where we have a legitimate reason to do so, including suspected fraud, misuse, unlawful activity, security concerns or a breach of these Terms.
We may make reasonable changes to our website, services, features or functionality from time to time. These changes will not affect any rights you have in relation to an order already accepted by us.
You must not reproduce, duplicate, copy, sell, resell or exploit any part of our website, services, content or intellectual property without our prior written permission, except where permitted by law.
We take reasonable steps to maintain the security and availability of our website and services, but we do not guarantee that the website will always be uninterrupted or free from technical faults.
Nothing in this section affects your statutory rights as a consumer.
SECTION 3 - ACCURACY OF INFORMATION
We take reasonable care to ensure that information displayed on our website, including product descriptions, prices and availability, is accurate and up to date.
However, occasional errors or omissions may occur. If we discover a material error relating to a product, price, availability or other information connected with an order, we will take reasonable steps to correct it.
Where an error affects an order you have already placed, we may contact you to explain the issue and, where appropriate, offer you the option to continue with the corrected information or cancel the affected item or order for a refund.
General website content may be updated, changed or removed from time to time. Historical or editorial information is provided for general reference only.
Nothing in this section affects your statutory rights as a consumer.
SECTION 4 - CHANGES TO SERVICES AND PRICES
We may change the prices of products and services displayed on our website from time to time.
Any price change will apply only before an order is placed and accepted, except where there has been an obvious pricing error.
We may also update, suspend or discontinue parts of our website or services where reasonably necessary, including for maintenance, security, technical, operational or commercial reasons.
These changes will not affect any rights you have in relation to an order already accepted by us.
If we are unable to fulfil an accepted order because a product or service becomes unavailable, we will contact you and refund any payment taken for the affected item or order.
Nothing in this section affects your statutory rights as a consumer.
SECTION 5 - PRODUCTS, CONDITION AND AVAILABILITY
We make reasonable efforts to ensure that product descriptions, photographs, prices and availability shown on our website are accurate.
Many products sold by Dream Consoles are pre-owned. The condition, completeness and any accessories included with a pre-owned item will be described on the relevant product page where applicable.
Pre-owned products may show reasonable cosmetic signs of previous use consistent with their stated condition. Such normal signs of use do not in themselves mean that an item is faulty. This does not affect your statutory rights where goods are faulty, materially not as described or otherwise fail to meet the requirements of consumer law.
Product images are intended to represent the product as accurately as reasonably possible. Colours may vary slightly depending on the display or device being used.
Some products may be available in limited quantities and availability is not guaranteed until an order has been accepted.
We reserve the right to limit quantities where reasonably necessary, including where we suspect fraud, misuse, pricing errors or purchases intended for unauthorised resale.
If an item becomes unavailable after an order has been placed, we will notify you and refund any payment taken for that item.
Your rights regarding cancellations, returns and faulty goods are explained in our Refund Policy and Cancellation Policy.
Nothing in this section affects your statutory rights.
SECTION 6 - ORDERS, PRICING AND PAYMENT
You agree to provide current, complete and accurate information when placing an order with us.
Prices may change from time to time before an order is placed. A price change will not normally affect an order after it has been accepted by us.
We take reasonable care to ensure that prices, product information and stock availability are correct. However, occasional obvious pricing, stock or description errors may occur.
We may decline or cancel an order where:
- an item is unavailable;
- there has been an obvious pricing or description error;
- payment cannot be authorised;
- we reasonably suspect fraud or misuse;
- we are unable to fulfil the order for another legitimate reason.
If we cancel an order after payment has been taken, the amount paid for the cancelled goods will be refunded using the original payment method where reasonably possible.
We may limit quantities purchased per customer, household or order where reasonably necessary.
We will use the contact information supplied with your order if we need to contact you concerning your purchase.
Nothing in this section affects your statutory consumer rights.
SECTION 7 - THIRD-PARTY TOOLS AND SERVICES
Our website may provide access to tools, applications, payment services or other features supplied by third parties.
These third-party services may be subject to their own terms, conditions and privacy policies. We recommend that you review those terms before using them.
We are not responsible for the operation, availability or content of third-party services that are outside our reasonable control.
Where a third-party service is used as part of placing or paying for an order with Dream Consoles, nothing in this section affects any rights you have against us under applicable consumer law.
We may add, change or remove third-party tools or services from our website from time to time where reasonably necessary.
SECTION 8 - THIRD-PARTY LINKS
Our website may contain links to websites or services operated by third parties.
These links are provided for convenience or additional information. We do not control third-party websites and are not responsible for their content, availability, security, privacy practices or terms.
If you choose to visit or use a third-party website or service, you should review its own terms and privacy policies before providing personal information or entering into any transaction.
Dream Consoles is not responsible for losses arising solely from the use of third-party websites or services that are outside our reasonable control.
This does not affect any rights you may have against Dream Consoles where a third-party service forms part of a purchase or service we are legally responsible for providing.
SECTION 9 - REVIEWS, COMMENTS AND USER CONTENT
If you submit a review, comment, suggestion, photograph, message or other content to Dream Consoles, you confirm that you have the right to submit that content and that it does not infringe the rights of any other person.
You must not submit content that is unlawful, fraudulent, defamatory, abusive, threatening, obscene, discriminatory, misleading, malicious or that infringes intellectual property, privacy or other legal rights.
You remain responsible for the content you submit.
Where you submit content for publication on our website or related services, you grant Dream Consoles a non-exclusive, royalty-free licence to use, reproduce, display and publish that content for the purposes of operating, promoting and improving our business and services.
We may moderate, refuse to publish or remove user-submitted content where we reasonably believe it breaches these Terms, applicable law or the rights of another person.
We are not responsible for opinions or statements made by third parties in reviews, comments or other user-generated content, except where the law provides otherwise.
Nothing in this section affects any rights you have under applicable law.
SECTION 10 - PERSONAL INFORMATION
Our collection and use of personal information is governed by our Privacy Policy.
Our Privacy Policy explains what personal information we collect, how we use it, the lawful bases we rely on, who we may share it with, how long we may retain it, and the rights available to you in relation to your personal information.
We take reasonable steps to protect personal information and use it only for legitimate business purposes, including processing orders, providing customer service, preventing fraud, improving our services and complying with legal obligations.
Where third-party services are used to process payments, provide delivery, operate our website or support our business, those providers may process personal information in accordance with their own privacy terms and applicable data protection law.
You can view our Privacy Policy through the Privacy Policy link displayed on our website and during checkout.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
We take reasonable care to ensure that information on our website is accurate, including product descriptions, prices, promotions, delivery charges, availability and estimated delivery times.
However, occasional errors, inaccuracies or omissions may occur.
Where we identify an error, we may correct or update the relevant information as soon as reasonably possible.
If an error affects an order you have already placed, we will contact you where appropriate and explain the options available. Depending on the circumstances, this may include proceeding with corrected information, substituting an item with your agreement, or cancelling the affected item or order and issuing a refund.
We will not use this section to remove or reduce any statutory rights you have as a consumer.
Nothing in this section affects your rights where goods are faulty, misdescribed or otherwise fail to meet applicable consumer law.
SECTION 12 - PROHIBITED USES
You must not use our website, services or content for any unlawful, fraudulent or malicious purpose.
In particular, you must not:
- attempt to gain unauthorised access to our website, systems, accounts or data;
- introduce viruses, malware or other harmful code;
- interfere with or disrupt the security or operation of our website or services;
- use automated systems, scraping tools or similar methods in a way that places an unreasonable burden on our website or breaches applicable law;
- submit false, misleading or fraudulent information;
- impersonate another person or misrepresent your identity;
- infringe the intellectual property, privacy or other legal rights of Dream Consoles or any third party;
- use our website to harass, threaten, abuse or unlawfully discriminate against another person;
- use our services for fraudulent transactions, payment abuse or other unlawful activity.
We may restrict or terminate access to our website where we reasonably believe these Terms have been breached or where necessary to protect Dream Consoles, our customers or our systems.
Where appropriate, we may also report suspected criminal or fraudulent activity to the relevant authorities.
Nothing in this section affects your statutory rights as a consumer.
SECTION 13 - CONSUMER RIGHTS AND LIMITATION OF LIABILITY
Nothing in these Terms excludes, restricts or affects your statutory rights as a consumer.
Goods supplied by Dream Consoles must meet the standards required by applicable consumer law, including being as described, of satisfactory quality and fit for purpose where applicable.
For most goods purchased online, consumers have a statutory right to cancel their purchase within 14 days after receiving the goods, subject to applicable legal exceptions. After notifying us of cancellation, goods must normally be returned within a further 14 days.
Further details regarding cancellations, returns and refunds can be found in our Refund Policy and Cancellation Policy.
Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or liability relating to statutory consumer rights.
We will not be responsible for losses that were not reasonably foreseeable when the contract was entered into.
Where you purchase products as a consumer for personal use, we will not be responsible for business losses, including loss of profit, revenue, business opportunity or business interruption arising from your use of those products for commercial purposes.
SECTION 14 - RESPONSIBILITY FOR MISUSE
You are responsible for your use of our website and services and for complying with these Terms and applicable law.
You may be responsible for losses or damage suffered by Dream Consoles where those losses arise directly from your fraudulent, unlawful or deliberately abusive use of our website or services.
We will not seek to make a consumer responsible for losses that they could not reasonably have foreseen or for matters for which Dream Consoles is legally responsible.
Nothing in this section affects your statutory rights as a consumer or limits any liability that cannot lawfully be excluded.
SECTION 15 - SEVERABILITY
If any provision of these Terms is found by a court or other competent authority to be unlawful, invalid or unenforceable, that provision will be treated as removed or limited only to the extent necessary.
The remaining provisions of these Terms will continue to apply and remain in full force.
Where possible, any affected provision will be interpreted in a way that most closely reflects its original purpose while remaining lawful and enforceable.
Nothing in this section affects your statutory rights as a consumer.
SECTION 16 - SUSPENSION AND TERMINATION
You may stop using our website or services at any time.
We may suspend, restrict or terminate access to our website or services where we reasonably believe that:
- these Terms have been seriously or repeatedly breached;
- our website or services are being used fraudulently or unlawfully;
- there is a security risk to Dream Consoles, our customers or our systems; or
- suspension or termination is reasonably necessary to protect our legitimate interests or comply with the law.
Suspending or terminating access to our website does not automatically cancel an order that we have already accepted. Any cancellation of an accepted order will be dealt with in accordance with these Terms and applicable consumer law.
Any provisions of these Terms which are intended to continue after termination, including provisions relating to intellectual property, liability and responsibility for misuse, will continue to apply where appropriate.
Nothing in this section affects your statutory rights as a consumer.
SECTION 17 - ENTIRE AGREEMENT
These Terms, together with the policies referred to within them and any specific information provided to you about a product or order, form the basis of the agreement between you and Dream Consoles.
If there is any inconsistency between these Terms and specific written information we have provided about a particular product or order, the specific information will apply to the extent of that inconsistency.
If we do not immediately exercise or enforce a right under these Terms, this does not mean that we have waived that right.
Nothing in these Terms excludes or limits any statement, representation or information that we are legally required to provide or that you are entitled to rely upon under applicable consumer law.
Nothing in this section affects your statutory rights as a consumer.
SECTION 18 - GOVERNING LAW
These Terms and any contract between you and Dream Consoles are governed by the laws of England and Wales.
If you are a consumer living elsewhere in the United Kingdom, you will continue to benefit from any mandatory consumer protections provided by the law applicable where you live.
Nothing in these Terms is intended to restrict any rights you may have regarding where legal proceedings may be brought under applicable consumer law.
SECTION 19 - CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes in our business, website, services, legal requirements or regulatory guidance.
Any updated version will be published on this page.
Changes to these Terms will not normally apply retrospectively to an order that we have already accepted, unless the change is required by law or you agree otherwise.
The Terms that apply to your purchase will normally be those in force at the time your order is placed and accepted.
We recommend that you review these Terms from time to time if you continue to use our website.
Nothing in this section affects your statutory rights as a consumer.
SECTION 20 - CONTACT INFORMATION
If you have any questions about these Terms, an order, a product or any of our policies, please contact us:
Barry Oates trading as Dream Consoles
Correspondence address: PO Box 11211, Hucknall, Nottingham, NG15 5FT, United Kingdom
Email: info@dreamconsoles.co.uk
Telephone: 07368 814055
Please contact us before returning goods so that we can provide the appropriate return instructions and return address where required.