Terms of Service
TERMS AND CONDITIONS
Please read all these terms and conditions (“Terms and Conditions”).
As we can accept an order made through this Website automatically and make a legally enforceable agreement without further reference to you, please read these Terms and Conditions carefully before you submit your Order to us. These terms tell you who we are, how we will provide any Games to you, how you and we may change or end the contract, what to do if there is a problem and other important
1.1 These Terms and Conditions will apply to the rental or purchase of the Games by you (the Customer or you). We are My Table Top Tavern Ltd, a company registered in England and Wales under number 13927120 whose registered office is at 36 Onslow Street, Anlaby, Hull, HU10 7EU; (MyTTT or us or we).
1.2 These are the terms on which we rent and sell our Games to you. By ordering any of the Games, you agree to be bound by these Terms and Conditions. You can only rent or purchase the Games from the Website if you are eligible to enter into a contract and are at least 18 years old.
1.3 In some areas you will have different rights under these Terms and Conditions depending on whether you are a Business or a Consumer. You are a Consumer if:
1.3.1. you are an individual; and
1.3.2. you are renting and buying games from us wholly or mainly for your personal use (not for use in connection with a Business).
1.4 If you are a Business these terms constitute the entire agreement between us in relation to your rental or purchase of any Games. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and Conditions and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms and Conditions.
Business means a commercial entity that is purchasing the Games in order to resell them or use them in connection with a trade, craft or profession.
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession.
Contract means the legally-binding agreement between you and us for the supply of the Games construed in accordance with, and subject to, these Terms and Conditions.
Delivery Location means the location where you have requested the Games to be supplied, as set out in the Order.
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored.
Games means the products that are available through our website including but not limited to traditional and non-traditional board games which are advertised on the Website and that we supply to you in accordance with the specification of your Subscription.
Order means the Customer's initial commitment to a Subscription, the monthly request for Games, or any offer made by the Customer and accepted by MyTTT to purchase a Game, submitted following the step by step process set out on the Website or as otherwise agreed between the parties (‘Ordering’ and ‘Ordered’ shall be construed accordingly).
Subscription means the Customer's monthly order for Games from us as set out in the Order and renewing on a 30-day cycle.
Website means our website www.mytabletoptavern.com on which the Games are advertised.
3.3 To Order any Games for rental, you must first sign up for your chosen Subscription package, details of which can be found here.
3.4 If at any time you would like to upgrade your Subscription please contact us.
3.5 The description of the Games is as set out in the Website, marketing e-mails or any other form of advertisement. Any description is for illustrative purposes only.
3.6 The packaging of the Games may vary from that shown in images on our Website.
3.7 All Games which appear on the Website are subject to availability and we reserve the right to make changes to the Games available on the Website at any time.
3.8 We can make beneficial changes to Games you have ordered. This could be to comply with any applicable law, regulation or safety requirements, or to implement minor technical adjustments and improvements, for example to optimise the Games.
5 Personal information and Registration
5.1 When Ordering Games through the Website you will be required to register for an account via the Website. You remain responsible for all actions and security in relation to your account.
5.2 In order to receive Games through your Subscription you must complete and maintain your ‘ rental wishlist’ which is accessible through your account. It is your responsibility to ensure that your wishlist has enough Games on it for your Subscription. We will select the delivery of your Games for the next month based on your wish list but subject to availability. If there is not a sufficient number of Games selected on your wish list, 5 working days after your order/subscription renewal, we will send you Games at our selection.
5.3 We retain and use all information strictly under the Privacy and Cookies Policy.
5.4 We may contact you by using e-mail or other electronic communication methods and you expressly agree to this.
6 Basis of Sale
6.1 The description of the Games on our Website does not constitute a contractual offer to rent or sell any Games to you. When an Order for a Subscription has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay. In such an instance, if payment has already been taken we will refund you in full.
6.2 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.
6.3 A Contract will be formed for the Subscription you have chosen when you receive an email from us confirming the Order (Order Confirmation) or within 2 Business Days of the Order being placed by you, whichever is the earlier. 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 Games supplied under your chosen Subscription.
6.4 If we are unable to accept your Order, we will inform you of this as soon as possible. This may be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, or because you have had a Subscription in the past and this has been cancelled by us due to your conduct.
6.5 No variation of the Contract, whether regarding the description of the Games, fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and MyTTT in writing and authorised by a member of our senior staff.
7 Price and Payment
7.1 The price of the Subscriptions and any additional delivery or other charges are those set out on the Website at the date of the Order or such other price as we may agree in writing.
7.2 You will be required to pay when using our online checkout service on the Website by submitting your credit or debit card details with your Order.
7.3 We will take your first monthly Subscription payment immediately upon acceptance of your Order and then every 30 days via Wix Payments or PayPal.
7.4 If you purchase any of our Games outright, payment shall be made through Wix Payments or PayPal.
7.5 Risk of damage to, or loss of, any Games will pass to you when the Games are delivered to you. Every Game will be inspected by us for damage and completeness once you return it to us. If the Games do not pass this inspection, charges may be levied against you at our discretion:
Reasonable wear and tear (e.g. crease marks on cards and boards) - No charge
Unreasonable wear and tear (e.g. drinks spilled on game components or ripped cards) - Cost of replacement components rising to full value of any damaged Game
A non-vital piece is missing (i.e. the game can still be played without this piece) - £1 charge per non-vital piece up to 5 pieces
A vital piece is missing (i.e. game cannot be played without a replacement piece) or more than 5 non-vital pieces are missing - Full cost of the incomplete Game will be taken at RRP
7.6 For the avoidance of doubt, MyTTT will be the sole arbiter in asserting damage during its inspection process and determining any appropriate charges that flow from that damage. Any charges must be paid by you in full. If we receive no reply and cannot resolve the issue in a reasonable amount of time, we reserve the right to take legal action against you.
7.7 If you wish to purchase a Game outright you may contact us to make an offer to do so. However, we shall be under no obligation to sell you any Games that you wish to purchase.
7.8 Prices and charges include VAT at the rate applicable at the time of the Order.
8 Term and Termination
8.1 Subscriptions commence on the date that you receive the Order Confirmation and endure for 30 days, renewing automatically unless terminated by you or us for further 30-day periods.
8.2 You may terminate your subscription for convenience by giving us no less than 14 days’ notice via your online account of your intention to terminate prior to renewal of your Subscription. Your Subscription will then end on the renewal date. You shall be given an extra 3 days after this date to return any Games in your possession (“Grace Period”). If you fail to return any Games by the expiry of the Grace Period, we may levy a late fee against your account or the cost of the full game.
9 Delivery and Return
9.1 We will deliver the Games to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into and an Order for Games has been submitted. Subsequent deliveries will be made on a monthly basis throughout the Duration of your subscription.
9.2 We send our Games via couriers using recorded delivery services so you must sign for the Games upon arrival. If you or your nominee fail, through no fault of ours, to take delivery of the Games at the Delivery Location, we may charge the reasonable costs of redelivering them.
9.3 We only deliver to Delivery Locations in England, Scotland and Wales. however, if 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.
9.4 You agree we may deliver the Games in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
9.5 The Games will become your responsibility once you play them. You must examine the Games after delivery and if there are any problems with the condition of any Game, for example if any pieces are missing from the components list supplied by us, you must contact us immediately to inform us. Once you begin playing the Game, you accept that the Game is complete and assume liability for any missing or damaged pieces.
9.6 Instructions for the return of games will be included alongside them. There is no limit to the amount of time that you may keep a Game PROVIDED THAT you still have an active Subscription which covers the amount of Games in your possession. However, if you do not send one or more Games back, the number of Games held by you will be reduced from the number of Games that you may order under your Subscription in the subsequent month.
10 Cancellation and Returns for Consumers
Right to cancel
10.1 This is a distance contract (as defined in Clause 12.10.1) which, if you are a Consumer, has the cancellation rights (Cancellation Rights) set out below. If you are a Consumer, you can cancel the Order for a Subscription or Order to purchase a Game by telling us before the Contract is completed i.e. prior to receipt of the Order Confirmation or within 14 days of Ordering the Subscription (the “Cooling-off Period), if you simply wish to change your mind and without giving us a reason and we will issue you with a full refund.
10.2 These Cancellation Rights, however, do not apply if you have Ordered a Subscription Ordered and any Games have been dispatched to you. In this case, you may cancel your Subscription but you will not receive a refund of your first payment and your Subscription will expire after the first 30- day cycle.
10.3 To exercise the right to cancel this Contract, you must inform us of your decision to cancel by a clear written statement by email using the Model Cancellation Form shown at Schedule 1. We will then communicate to you an acknowledgement of receipt of such cancellation in a Durable Medium (for example by email) without delay.
10.4 We may end your Subscription at any time by writing to you if you commit a breach of these Terms and Conditions as follows:
10.4.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
10.4.2 you do not, within a reasonable time, allow us to deliver the Games to you; or
10.4.3 you demonstrate a pattern of mistreating or causing damage to our Games.
10.5 If we end the Contract in the situations set out in Clause 12.4, we may deduct or charge you reasonable compensation for the net costs we will incur as a result of you breaching the Contract.
Effects of cancellation in the cancellation period
10.6Deduction for Games supplied. In the event that you return a Game that you have purchased, we reserve the right to make a deduction from the reimbursement for loss in value of any Games supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Games beyond what is necessary to establish the nature, characteristics and functioning of the Games, for example, if it goes beyond the handling that may reasonably be permitted in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss. If we refund you the price paid before we are able to inspect any Product and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount
Timing of reimbursement
10.7 If a reimbursement is due under this Clause, We will make the reimbursement without undue delay, and not later than 14 days after the day we receive your cancellation notice
10.8 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.
Returning Purchased Games
10.9 If you have received Games in connection with the Contract which you have cancelled in accordance with your statutory rights, you must send back the Games without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Games before the period of 14 days has expired.
10.10 For the purposes of these Cancellation Rights, these words have the following meanings:
10.10.1 distance contract means a contract concluded between a Business and a Consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the Business and the Consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the Contract is concluded;
10.10.2 sales contract means a contract under which a Business transfers or agrees to transfer the ownership of Games to a Consumer and the Consumer pays or agrees to pay the price, including any contract that has both Games and services as its object.
10.11 Businesses have no right to cancellation under these Terms and Conditions.
11 Successors and our sub-contractors
11.1 We can transfer the benefit of these Terms and Conditions to someone else, however we will remain liable to the other for its obligations under these Terms and Conditions. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms and Conditions.
11.2 You may only transfer your rights or your obligations under these Terms and Conditions to another person or entity if we agree to this in writing.
11.3 No person who is not a party to these Terms and Conditions shall have any rights to enforce any of its provisions and these Terms and Conditions can be varied without any third party's consent. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms and Conditions.
12 Circumstances beyond the control of either party
12.1 In the event of any failure by a party because of something beyond its reasonable control:
12.1.1 the party will advise the other party as soon as reasonably practicable; and
12.1.2 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 any right to cancel.
13.1 Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
13.2 These Terms and Conditions should be read alongside, and are in addition to our policies, including our Privacy and Cookies Policy.
13.3 For the purposes of these Terms and Conditions:
13.3.1 '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.
13.3.2 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
13.3.3 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
13.4 We are a Data Controller of the Personal Data we Process in providing services to you.
13.5 Where you supply Personal Data to us so we can provide services to you, and we Process that Personal Data in the course of providing services to you, we will comply with our obligations imposed by the Data Protection Laws:
13.5.1 before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
13.5.2 we will only Process Personal Data for the purposes identified;
13.5.3 we will respect your rights in relation to your Personal Data; and
13.5.4 we will implement technical and organisational measures to ensure your Personal Data is secure.
13.6 For any enquiries or complaints regarding data privacy, please contact us.
14 Intellectual Property
14.1 We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
14.2 “My Table Top Tavern“ is an unregistered trade mark and is legally protected by the laws of “passing off” and “unfair competition”. No rights are granted to Customers or any third-parties to reproduce or use our trade mark for any purpose without prior written approval.
14.3 Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
14.4 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors and/or our prior written agreement.
14.5 Should you leave a testimonial or review of our Games, you agree to us publishing your comments on our Website or in any other media format or platform that we choose.
15 Reliance on our Website
15.1 The content on our Website is provided for general information only and is not intended to amount to advice on which you should rely.
15.2 Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
16 Prohibited use
16.1 You may not use the Website for any of the following purposes:
• in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
• in any unlawful or fraudulent manner;
• to transmit, or to procure the transmission of any unsolicited marketing materials to us;
• in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
• to knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
• to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website; or
• making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.
17 Links to other websites
17.1 This Website may contain links to other sites. Unless expressly stated, these sites are not under our control.
17.2 We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
17.3 The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
18 Linking to our Website
18.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
18.2 However, you must not:
• establish a link in such a way as to suggest any form of association, approval or endorsement by MyTTT, unless otherwise approved by us;
• establish a link to our Website in any website that you do not own;
• frame our Website on any other site, nor may you create a link to any part of our Website other than the home page; or
• link from any website that contains fraudulent, false, misleading or deceptive information; or
• defamatory, libellous, obscene, pornographic, vulgar or offensive content; or
• promotes discrimination, racism, hatred, harassment or harm toward any third-party; or
• promotes violence or actions that are threatening to any third-party; or promotes illegal or harmful activities.
18.3 If you contravene this clause, we reserve the right to withdraw linking permission without notice.
19 Limitation of liability
19.1 The Games are manufactured by companies with which MyTTT holds no association. MyTTT does not endorse the quality or fitness for purposes of any of the Games it supplies. All claims or complaints that might arise from the quality or fitness for purposes of a particular Game are therefore between the Customer and the Game manufacturer and MyTTT disclaims all liability thereof.
19.2 If you are a Consumer, we limit our liability as follows:
19.2.1 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the Order process.
19.2.2 Subject to Clause 20.2.3 below, we shall not be liable in contract or tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with your use of this Website, including but not limited to:
indirect and consequential losses, any economic loss, loss of revenue, loss of or damage to reputation, loss of goodwill or data or for any punitive damages, penalties, interest or costs, (including legal and professional costs and expenses) suffered in connection with the supply of the Games. Our total liability to you for all other losses arising under or in connection with any Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for any Games under the Contract. 19.2.3 We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations. Subject to this, we are not liable for loss (for example loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer because we believe the Customer is not buying the Games wholly or mainly for its business, trade, craft or profession.
19.3 If you are a Business, we limit our liability as follows:
19.3.1 Except to the extent expressly stated in Clause 19.3.3, all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
19.3.2 Subject to Clause 20.3.3, we shall not be liable in contract or tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with your use of this Website, including but not limited to: indirect and consequential losses, any economic loss, loss of revenue, business, profits or business opportunities, anticipated savings or profits, loss of or damage to reputation, loss of goodwill or data or for any punitive damages, penalties, interest or costs, (including legal and professional costs and expenses) suffered in connection with the supply of the Games. Our total liability to you for all other losses arising under or in connection with any Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for any Games under the Contract.
19.3.3 We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations including breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or defective products under the Consumer Protection Act 1987.
19.4 Whether you are a Consumer or a Business, this Website and the materials and Games on it are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
20 Governing law, jurisdiction and complaints
20.1 The Contract (including any non-contractual matters) is governed by the law of England and Wales.
20.2 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.
20.3 We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, Customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.