Terms of Sale
RECENT MEDIA LIMITED trading as HONKCRAFT
TERMS AND CONDITIONS OF SALE
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you, whether these are goods or digital content.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2. Information about us and how to contact us
2.1 Who we are. We are Recent Media Limited a company registered in England and Wales. Our company registration number is 07798884 and our registered office is at The Courtyard, 77-79 Marlowes, Hemel Hempstead, England, HP1 1LF.
2.2 How to contact us. You can contact us by writing to us at enquiries @ recent-media.com.
2.3 How we may contact you. If we have to contact you, we may do so by using Discord, by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 You confirm by placing an order with us that you are above the age of 16. If you are under the age of 16, we require that your parent or guardian over the age of 18 submits the order for products with us on your behalf.
3.2 We reserve the right to end the contract or reject future orders of our products from you if you breach clause 3.1.
3.3 You should follow the instructions provided on our online shop in order to purchase our products.
3.4 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.5 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product.
3.6 Your order number. We may 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.
4. Our products
4.1 Products: our products are displayed on our website https://honkcraft.net/shop/
4.2 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.3 We own, or are permitted to use the intellectual property rights in our products. We either own the rights or licence the software, rights, logos and graphics associated with products. You may only use our digital content and products as described on our website. Minecraft content and materials are trademarks and copyrights of Mojang AB or its licensors. All rights reserved. Our website is a part of Recent Media Ltd and is not affiliated with Mojang AB. If you are banned from using our server due to misuse or conduct which is against the rules set by us, you may be unable to use the digital content you have purchased from us. We will not provide a refund if this happens.
4.4 You should not try to modify, reverse engineer, or change any source code or software associated with our products.
4.5 We do not warrant that the digital content will be uninterrupted or error free. You should ensure that you have suitable security in place on your device.
5. Our rights to make changes
5.1 Minor changes to the products. We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements.
5.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.
5.3 More significant changes to the products and these terms. In addition, we may make more significant changes to the product or to these terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
6. Providing the products
6.1 Delivery costs. The costs of delivery (if any) will be as displayed to you on our website.
6.2 When we will provide the products.
(a) If the products are goods. If the products are goods we will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
(b) If the product is a one-off purchase of digital content. We will make the digital content available by you as soon as we accept your order and have received payment.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible 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 to end the contract and receive a refund for any products you have paid for but not received.
6.4 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
6.5 When you own goods. You own goods purchased from us once we have received payment in full.
6.6 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your username. If so, this will have been stated in the description of the products on our website, or requested when you place an order. We will contact you to ask for this information, if it is not provided at the time of order. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 9.2 will apply). We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
6.7 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the product as requested by you or notified by us to you (see clause 5).
6.8 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
7. Your rights to end the contract
7.1 You can always end your contract with us. Your rights when you end the contract 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 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 7.2;
(c) If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below, the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are: (a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5.3); (b) 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; (c) there is a risk that supply of the products may be significantly delayed because of events outside our control; (d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than four weeks; or (e) you have a legal right to end the contract because of something we have done wrong.
7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
7.4 When you don't have the right to change your mind. You do not have a right to change your mind in respect of: (a) our digital products, such as Honk coins which are delivered to you immediately; and (b) any products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them.
7.5 How long do I have to change my mind? How long you have depends on what you have ordered and how it is delivered. (a) Have you bought goods (for example, t-shirts)?, if so you have 14 days after the day you receive the goods, unless: (i) Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
8. How to end the contract with us (including if you have changed your mind)
8.1 Tell us you want to end the contract. To end the contract with us, please let us know by email at enquiries @ recent-media.com. Please provide your name, details of the order and your email address.
8.2 Returning goods after ending the contract. If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. You must post them back to us at the address shown on our website. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.3 When we will pay the costs of return. We will pay the costs of return: (a) if the products are faulty or misdescribed; (b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, 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.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
8.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind: (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
8.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then: (a) If the products are goods, 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. For information about how to return a product to us, see clause 8.2. (b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract 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 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 products; (c) you do not, within a reasonable time, allow us to deliver the products to you.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for products 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.
10. If there is a problem with the product
10.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at enquiries @ recent-media.com.
10.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject faulty goods, you must post them back to us, using the least expensive form of postage for the value of the parcel. We will pay the costs of postage. Please email us at firstname.lastname@example.org for a return label or to arrange collection.
11. Price and payment
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on our website. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 We will pass on changes in the rate of VAT. 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.
11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price 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 at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
11.4 When you must pay and how you must pay. We use a third party payment provider to process payments on our behalf. When you must pay depends on what product you are buying:
(a) For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
(b) For digital content, you must pay for the products before you can access them.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, 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 sales process.
12.2 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 subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
12.3 If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
12.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products 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.
13. How we may use your personal information
14. Other important terms
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms, except where your parent or guardian is completing the contract on your behalf as explained in clause 3.1.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, 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.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.