Terms of service

 

1           These terms ("Terms and Conditions")

1.1.      These are the Terms and Conditions on which we supply product(s) directly to you and our website more generally. These Terms and Conditions also govern when we host a games night. They do not apply when you buy our product(s) from another retailer such as Amazon or from a shop selling our products. If you have any issues or concerns about products you have bought from third-party retailers you will need to contact the retailer.

The Terms and Conditions are arranged into the following sections.

·       Section A: Terms relating to buying products from us

·       Section B: Terms relating to buying games night hosting services from us

·       Section C: Terms relating to the purchase of digital games

·       Section D: Terms relating to the Potato Club

·       Section E: Terms relating to the use of our website

·       Section F: Other important terms which apply to the purchase of products from us, hosting games nights and use of our website.

1.2.      Please read these Terms and Conditions carefully before you submit your order to us, when you use our website or when you join our Potato Club. These Terms and Conditions tell you who we are, how we will provide our products and services to you, how you and we may change or end a contract, what to do if there is a problem and other important information. If you would like to discuss any aspects of these Terms and Conditions, please contact us.

 

2           Who we are and how to contact us

2.1       We are Big Potato Limited a company registered in England and Wales trading as Big Potato Games (we will refer to ourselves as “Big Potato“, “we“, “us“, or “our” in these Terms and Conditions). Our company registration number is 09107013  and our registered office is at 63 Gee Street - 2nd Floor, London, EC1V 3RS. Our registered VAT number is GB 480160708.

2.2       You can contact us by writing to us at hello@bigpotato.co.uk and Big Potato Games, 63 Gee Street - 2nd Floor, London, EC1V 3RS or by using our customer service form.

2.3       If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4       When we use the words “writing” or “written” in these Terms and Conditions, this includes emails.

 

Section A: Terms relating to buying products from us

3           General

3.1       All orders for products on the Big Potato website at www.bigpotato.com, www.bigpotato.co.uk, www.bigpotatogames.de or www.bigpotato.com.au (the “website”) accepted by us are subject to these Terms and Conditions. No other terms will apply to the supply of products by us.

3.2       The images of the products on our website are for illustrative purposes only. Your product may vary slightly from those images. The packaging of the product may also vary from that shown in images on our website.

3.3       We may make minor changes to the products to:

(a)   reflect changes in relevant laws and regulatory requirements; and

(b)   implement minor technical adjustments, improvements or to rectify errors.

4           Prices

4.1       The price of a product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 4.3 for what happens if we discover an error in the price of the product you order.

4.2       If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

4.3       It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced or that delivery charges will be incorrectly displayed. We will normally check prices before accepting your order so that, where the product’s correct price or delivery charge at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price or delivery charge at your 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 unmistakeable and could reasonably have been recognised by you as a mispricing, we will cancel the order, refund you any sums you have paid and require the return of any products provided to you.

 

5           Ordering

5.1       The products for sale on the website are for personal non-commercial use only and must not be bought for resale or otherwise for business purposes. Big Potato will only accept orders from consumers for domestic use on the website. If you are a business customer please contact us on 020 3620 9495 to discuss how to order from us.

5.2       Our acceptance of your order will take place when we confirm that acceptance to you via an order confirmation email, at which point a contract will come into existence between you and us.

5.3       Big Potato reserves the right to decline to trade with any person, including if you are attempting to purchase an age restricted product and we are unable to verify your age. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, or because we are unable to meet a delivery deadline or for any other reason. We only deliver to UK addresses for purchases made on our UK site.

5.4       We will assign an order number to your order 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.

 

6           Delivery

6.1       The costs of delivery will be as displayed to you on our website.

6.2       We use a third party courier to deliver your order and we will deliver your order as soon as reasonably possible. During the order process we will let you know when we will aim to deliver the product(s) to you.

6.3       If our supply of the product(s) is delayed by an event outside our control (such as fire, terror, flooding, pandemic, epidemic, or governmental action or direction or any other reason outside of our reasonable control) then we will contact you to let you know and we will take steps to minimise 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 by writing to us at hello@bigpotato.co.uk or by using our customer service form to end the contract and receive a refund for any products you have paid for but not received.

6.4       If no one is available at your address to take delivery and the product(s) cannot be posted through your letterbox, the courier may leave your product(s) in a safe place or may leave you a note informing you of how to rearrange delivery or collect the product(s) from a local delivery depot.

6.5       If you do not collect the product(s) from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a local delivery depot 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 and clauses 12.1 and 12.2 will apply.

 

7           Payment

7.1       We accept payment with the payment methods detailed on the website. We will charge you when you order and you must pay for the product(s) before we dispatch it/them.

7.2       If you think a payment, or request for payment, is wrong please contact us promptly to let us know.

 

8           Ownership and responsibility

You own a product once we have received payment in full. A product will be your responsibility from the time we deliver the product to the address you gave us.

 

9           Returning products or cancelling an order

9.1       Your right to cancel an order or return products will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a)   if what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 10;

(b)   if you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2; and

(c)    if you have just changed your mind about the product, see clause 11. You may be able to get a refund if you are within the relevant period, but this may be subject to deductions.

9.2       If you are cancelling an order for the one of the reasons set out at (a) to (d) below, the contract will end immediately and we will refund you in full for any product(s) which have not been provided and you may also be entitled to compensation. The reasons are:

(a)   we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(b)   there is a risk that supply of the product(s) may be significantly delayed because of events outside our control;

(c)    we have suspended supply of the product(s) for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 (one) month; or

(d)   you have a legal right to end the contract because of something we have done wrong.

 

10         Returning products or cancelling an order which are faulty or misdescribed – your rights

10.1     We are under a legal duty to supply products that are that are as described to you on our website and that meet all the requirements imposed by law. See the box below for a summary of your key legal rights in relation to the product(s). Nothing in these Terms and Conditions will affect your legal rights.

Summary of your key legal rights This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website . The Consumer Rights Act 2015 says products must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: (a)   Up to 30 days: if your product(s) are faulty, then you can get an immediate refund. (b)   Up to six months: if your product(s) can’t be repaired or replaced, then you are entitled to a full refund, in most cases. (c)   Up to six years: if your product(s) do not last a reasonable length of time you may be entitled to some money back.

10.2     If you would like to return a product or cancel an order which is faulty or misdescribed, you are able to do so within 30 days of receiving your product. If you would prefer to e.g. request a replacement within 30 days of receiving the product instead of requesting a refund, you are equally entitled to do so. If more than 30 days have passed since you received a faulty or misdescribed product, you are entitled to e.g. a replacement in accordance with your statutory rights.

10.3     To exercise any of your above rights, please email us at help@bigpotato.co.uk or contact us via our customer service form for a return label in order to post the product(s) back to us. We will pay the costs of any reasonable return postage fees for faulty or misdescribed products.

 

11         Returning products or cancelling an order because you have changed your mind

11.1     If you have bought a product(s) from our website, you may change your mind within 14 (fourteen) days after the day you (or someone you nominate) receives the product(s) or, if your product(s) are spilt into several deliveries over different days, 14 (fourteen) days after the day you (or someone you nominate) receives the last delivery (this is referred to as the “Cooling Off Period“), unless we have personalised the product for you in some way.

11.2     To cancel an order or return a product, please let us know within the Cooling Off Period by doing one of the following:

(a)   Email or customer service form. Email us at help@bigpotato.co.uk or contact us via our customer service form. Please provide your name, home address, details of the order and, where available, your phone number and email address.

(b)   Post. Print off the model cancellation form , complete the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.

11.3     If you cancel your order for any reason after your order has been dispatched to you or you have received your order, you must return the product(s) (and any free gifts provided with it) to us. Please call customer services on 020 3620 9495 or email us at help@bigpotato.co.uk. If you are exercising your right to change your mind you must send off the product(s) within 14 days of telling us you wish to return your product(s).

11.4     We will pay the costs of return:

(a)   if the product(s) are faulty or misdescribed; or

(b)   if you are cancelling or returning because we have told you of an upcoming change to the product or these Terms and Conditions, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.

11.5     You must pay the costs of return if you are cancelling or returning your product(s) because you changed your mind (and let us know within the Cooling Off Period).

11.6     You can return a product to us by sending it back to us. If you do this, you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don't do this and we don't receive the goods at all or within a reasonable time, we won't refund you the price. For help with returns, see our Refund Policy.

11.7     We will refund you the price you paid for the product(s) including delivery costs (where applicable), by the method you used for payment. However, we may make deductions from the price, as follows:

(a)   we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the product(s), if, upon our inspection, this has been caused by your handling them in a way which would not be permitted in a shop (for example, we reduce your refund if the product's condition is not "as new", or if the packaging is damaged or opened). In some cases, because of the way you have treated the product no refund may be due; and

(b)   the maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 1 - 3 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

11.8       We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind during the Cooling Off Period, then your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. In all other cases of cancellation within the Cooling Off Period, your refund will be made within 14 days of you telling us you have changed your mind. We will refund you by the method you used for payment and we won't charge a fee for the refund.

12         Games Rescue Service

12.1     In addition to the above rights, upon purchase of a product, you will have access to Big Potato's Games Rescue Service under which you can receive free replacement game parts. Replacement game parts are subject to stock availability and issued at our discretion as a goodwill gesture. We reserve the right to decline the issue of a replacement game part or restrict quantities of replacement game parts for any reason, including but not limited to the following:

(a)   we are no longer manufacturing the game;

(b)   we believe that the missing part does not affect the core play mechanics of the game;

(c)    we suspect that the service is being abused e.g. to expand gameplay for more players; and

(d)   you did not purchase the game from us.

No form of remuneration or compensation will be offered if we are unable to provide replacements.

 

13         How we may terminate your order

13.1     We may terminate your order for a product at any time by writing to you if:

(a)   you do not make any payment to us when it is due and you still do not make payment within 7 (seven) days of us reminding you that payment is due;

(b)   you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product(s); or

(c)    you do not, within a reasonable time, allow us to deliver the product to you.

13.2     If we terminate your order in the situations set out in clause 12.1 we will refund any money you have paid in advance for product(s) we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

 

Section B: Terms relating to buying games night hosting services from us via our third party hosting provider

14         Terms relating to buying games night hosting services from us via our third party hosting provider

14.1     General: All orders for event services taken via the website and all events accepted and hosted by us are subject to these Terms and Conditions. No other terms will apply.

14.2     Prices: The price of an event (which includes VAT) will be the price given in the quotation provided by our events team. The price will be based on the information you provide us about the number of people who will attend the event. We will cater and staff the event based on this information and this cannot be changed if some people do not turn up so the price will not be reduced if less people attend the event than you originally estimated. If more people than anticipated attend the event, this will result in additional work for our staff and therefore we will charge additional fees on a per head basis.

14.3     VAT: If the rate of VAT changes between your booking date and the date we host your event, we will adjust the rate of VAT that you pay, unless you have already paid for the event in full before the change in the rate of VAT takes effect.

14.4     Ordering: Our acceptance of your booking will take place when we confirm that acceptance to you, at which point a contract will come into existence between you and us. Big Potato reserves the right to decline to trade with any person. If we are unable to accept your order, we will inform you of this and will not charge you for the services.

14.5     Payment: We accept payment with the payment methods detailed on the website. You must pay a 50% non-refundable deposit within 5 working days of us accepting your booking and pay, in full, the remainder of the balance due no less than 14 days before the event is due to take place. If the event is due to happen within 14 days of us accepting your booking, you must pay for the event in full when we accept your booking.

14.6     If you think a payment, or request for payment, is wrong please contact us promptly to let us know.

14.7     Changes: If you wish to make any changes to your booking, for example, if you would like to change the number of guests or the format of the event, please contact us on 020 3620 9495 as soon possible to confirm the changes you would like to make. Any changes that you wish to make may incur additional charges, we will let you know what changes will cost when you contact us.

14.8     Cancellations: If you wish to cancel the event you can do so by calling customer services on 020 3620 9495 or emailing us at help@bigpotato.co.uk. If you cancel:

(a)   more than 14 days before the event is due to happen, your deposit will be non-refundable but you may elect to receive a refund of your balance, or put the balance towards a future event; 

(b)   14 days or fewer before the event is due to happen, you will not receive a refund or your deposit or your balance, but you may elect to put the balance towards a future event; 

(c)    in the event that that the UK government issues a health warning which requires limiting face to face contact, you may cancel the event free of charge.

14.9     We may cancel your event at any time by writing to you if:

(a)   you do not make any payment to us when it is due and you still do not make payment within 7 (seven) days of us reminding you that payment is due (or if you have not made your final payment by the date of the event);

(b)   you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to organise your event;

(c)    the UK government issues a health warning which requires limiting face to face contact; or

(d)   the event is cancelled by our third party hosting provider.

14.10  If we cancel your event in the situations set out in (a) and (b) of clause 13.9 we will refund any money you have paid in advance for your event but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your cancelling the contract. If we cancel your event in the situations set out in (c) and (d) of clause 13.9, you may elect to receive a full refund of monies paid towards the event, or to apply the money you have paid in advance to a new booking arranged between the date of the original booking and 6 months later.

14.11  If the event is delayed or we are unable to run the event due to an incident outside our control (such as fire, terror, flooding, pandemic, epidemic, or governmental action or direction or any other reason outside of our reasonable control) then we will contact you to let you know and we will take steps to minimise the effect of the delay or cancellation. Provided we do this we will not be liable for delays caused by the incident, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.

 

Section C: Terms relating to the purchase of digital games

15         Terms relating to the purchase of digital games

15.1     We provide a link to on our site to digital games offered by a third party, The Games Collective Ltd ("Games Collective") via its site https://game.city/. Games Collective is responsible for the provision of digital games and, in making your purchase of a digital game, you will be subject to the terms and conditions of Games Collective (https://game.city/terms), rather than the applicable provisions of these Terms and Conditions.

15.2     If you have any queries in relation to your purchase of digital games, you should contact Games Collective.

 

Section D: Terms relating to the Potato Club

16         Terms relating to the Potato Club (the "Club")

16.1     The Club is open to individuals who register, using: (a) a valid email address and/or telephone number and/.or; (b) details of their country of residence and/or; and (c) details of their birthday day and month, and consent to receive marketing emails from Big Potato Limited. Participants of the Club are referred to as "Members".

16.2     Entry to the Club is free and no purchase is necessary. All personal details and information given in the sign-up process must be truthful, accurate and in no way misleading. Big Potato reserves the right to remove Members if they have supplied untruthful, inaccurate or misleading personal details and/or information.

16.3     Any personal information shared with Big Potato will be kept secure and only used in line with our Privacy Policy and these Terms and Conditions. 

16.4     Upon registering to receive Big Potato emails and agreeing to these Terms and Conditions, each Member will be automatically enrolled as a Member of the Club.

16.5     Members of the Club will be rewarded by receiving benefits such as access to discount codes, giveaways and other promotions. Details of each promotion, and their terms and conditions (where applicable), will be provided to Members via email or SMS. 

16.6     Big Potato reserves the right in its absolute discretion to amend the features of the Club or suspend or cancel the Club at any time, in the event of circumstances that are unforeseen or beyond its reasonable control (including suspected or actual fraudulent or misleading practices or other breaches of these Terms and Conditions).

 

Section E: Terms relating to the use of our website

17         Terms relating to use of our website

17.1     By using the website, you confirm that you accept these Terms and Conditions and you agree to comply with them. If you do not agree to these Terms and Conditions, you must not use our website.

17.2     We amend these Terms and Conditions from time to time. Every time you wish you use our website, please check these Terms and Conditions to ensure you understand the terms that apply at that time. We may make changes to our website from time to time to reflect changes to our products or services, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

17.3     Our website is made available free of charge. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

17.4     You are responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms and Conditions and other applicable terms and conditions, and that they comply with them.

17.5     Our websites are directed to people residing in [the United Kingdom, Germany or Australia]. We do not represent that content available on or through our websites is appropriate for use in other locations.

17.6     If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by [writing to us at hello@bigpotato.co.uk or by using our customer service form] .

17.7     We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from our licensors.

17.8     You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our website or any services provided via, or in relation to, our website.

17.9     The content on our website is provided for general information only. It is not intended to amount to any advice on which you should rely. We use reasonable endeavours to ensure that the information on the website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the website.  We do not guarantee that the website will be fault free and do not accept liability for any errors or omissions.

17.10  Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

17.11  Due to the nature of electronic transmission of data over the internet any liability we may have for any losses or claims arising from an inability to access the website, or from any use of the website or reliance on the data transmitted using the website, is excluded to the fullest extent permissible by law.

17.12  We do not give any warranty that the website is free from viruses or anything else which may have a harmful effect on any technology. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt 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.

17.13  We may allow you to post information, comments, reviews or other material on our website. This is done in order to facilitate the flow of information about us and our products. Please note that when you provide us with any submission, such as a review, comment, suggestion or idea, you will retain ownership of all copyright in the data you submit but agree to grant us with a world-wide non-exclusive (which means that we can grant the same licence to other people), royalty-free, non-terminable licence so that we may use, copy, distribute, publish and transmit such data in any manner without any notice or compensation to you. You may not post any communications that can be judged as offensive or violating the privacy of other persons or which may be considered as commercial marketing or which is in any way illegal or inappropriate. We may delete any communication we reasonably determine violates these Terms and Conditions or breaks the law, and we can exclude you as a user from our website or service for the same reasons.

 

18         Privacy

Our Privacy Policy explains what personal information we collect, why we collect it, how we use it, the controls you have over your personal information and the procedures that we have in place to protect your privacy. It applies to personal information we collect, for example, when you visit our website, order a product on the website and/or consent to receive marketing from us. Please make sure that you read our Privacy Policy carefully.

 

19         Liability

19.1     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 these Terms and Conditions, but we are not responsible for any loss or damage that is:

(a)     not foreseeable (loss or damage is foreseeable if either it is obvious that it will happen or if, at the time a contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process);

(b)     caused by a delaying event outside our control (as long as we have taken the steps set out in clause 6.3); or

(c)     avoidable (something you could have avoided by taking reasonable action, for example, damage to your own product which could have been avoided by following our advice on how to maintain the product).

19.2     We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractor, for fraud or fraudulent misrepresentation, for breach of your legal rights in relation to the product(s) for defective products under the Consumer Rights Act 2015. A summary of which can be found at clause 10.1.

19.3     We only supply the product(s) for domestic and private use. If you use the product(s) for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

Section F: Other important terms

20         Other important terms

20.1     We may transfer our rights and obligations under these Terms and Conditions to another organisation so that they are then responsible for supplying your product or service. If this happens, we will notify you in writing, full details of the organisation to whom we have transferred our rights and obligations will be available on the website and we'll ensure this transfer won't affect your rights under the contract.

20.2     You may only transfer your rights or your obligations under these Terms and Conditions to another person if we agree to this in writing.

20.3     This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end a contract or make any changes to these Terms and Conditions.

20.4     If a court finds part of these Terms and Conditions illegal, the rest will continue in force. Each of the clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

20.5     If we do not insist immediately that you do anything you are required to do under these Terms and Conditions, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

20.6     These Terms and Conditions are governed by the law of the jurisdiction in which you are resident. If we have a dispute, we will first try and resolve it with you amicably. If we cannot resolve our dispute, you or we can go to your local courts or the courts of England.

 

21         Online dispute resolution

21.1     If you have a complaint, please e-mail us at: help@bigpotato.co.uk.Our Customer Service Team will do their best to resolve any problems you have with us or our products .

21.2     Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you reside within the European Union or the European Economic Area, you may also be able to refer a dispute to the European Online Dispute Resolution (“ODR“) platform at http://ec.europa.eu/odr. The ODR platform is a web-based platform which is designed to help consumers who have bought the product(s) or services online. It provides access to independent alternative dispute resolution services which are usually free for you to use. .

 

22         Changes to these Terms and Conditions

22.1     We may revise these Terms and Conditions at any time to reflect changes in or to:

(a)   relevant laws or regulatory requirements;

(b)   security, technical or operational issues; or

(c)    our products.

If we do, we will consider your reasonable interests before doing so and we will give you advance notice if possible. If we change these Terms and Conditions significantly in a way that will impact you, we will post summary details of the changes below. If we have your e-mail address, we will also email you with information on those changes. Where we need to make urgent changes for security, safety, legal or regulatory reasons, we may not be able to provide you with advance notice but we will let you know as soon as we are able to. If you do not agree to the changes, you can then contact our Customer Service Team writing to us at hello@bigpotato.co.uk or by using our customer service form to end the contract before the change takes effect and receive a refund for any products you've paid in advance but not received.

Latest changes to these Terms and Conditions: [21.10. 2024]

 

MODEL CANCELLATION FORM

 

(Complete and return this form only if you wish to withdraw from the contract)

 

Mobile Terms of Service

Big Potato Games UK

Last updated: Oct. 31, 2024

The Big Potato Games UK mobile message service (the "Service") is operated by Big Potato Games UK (“Big Potato Games UK”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Big Potato Games UK’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Big Potato Games UK through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Big Potato Games UK. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to Big Potato or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Big Potato Games UK mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to Big Potato or email hello@bigpotato.co.uk.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.