These terms apply to any purchases you make via our Amazon US storefront. Please read them carefully before placing an order, as they set out important information about your and our rights and obligations.
You must agree to these terms before you place your order.
1. About us and how to contact us
1.1 We are Kinetic Games Limited, a company registered in England and Wales under company number 12966685. Our registered office is at Stag Gates House, 63/64 The Avenue, Southampton, Hampshire, United Kingdom SO17 1XS.
1.2 Any reference to “we”, “us” or “our” in these terms is to Kinetic Games Limited, and any reference to “you” or “your” is to the person placing an order via our Amazon US storefront.
1.3 You can contact us via your Amazon account by using the contact options provided in your order details or account settings. Alternatively, you can reach us directly by submitting a request via our support portal at: https://kineticgames.zendesk.com/hc/en-gb/requests/new or via email at: contact@kineticgames.co.uk.
1.4 Wherever these terms state that we may contact you (in relation to your order or otherwise), this includes contact made by Amazon acting on our behalf. Amazon may send you emails or other notifications using the contact details associated with your Amazon account, including order confirmations, shipping updates and return instructions.
2. These terms
2.1 You must be at least 18 years old and a resident of the US to place an order via our Amazon US storefront. If you are under 18 years old, you may only place an order with the involvement of a parent or guardian.
2.2 All purchases made via our Amazon US storefront will be subject to Amazon’s applicable terms and conditions. These terms apply in addition to Amazon’s terms, to the extent relevant. In the event of any conflict, Amazon’s terms will take precedence.
2.3 Unfortunately, we cannot accept orders via our Amazon US storefront, or deliver to, addresses outside the US.
2.4 We may make changes to these terms at any time by posting the updated terms on our Amazon US storefront and product listings. However, the terms which apply to your order will be those in force at the time you submitted your order to us.
3. Orders
3.1 Please check your order carefully and correct any errors before submitting it.
3.2 After you place your order and your payment is successfully processed, Amazon will (on our behalf) send you an acknowledgment email confirming receipt of your order. This acknowledgment does not constitute acceptance by us of your order.
3.3 A legally binding contract between you and us is formed when we confirm dispatch of your order. Until that time, we may cancel your order for any reason and issue a full refund. Amazon will (on our behalf) send you a shipping confirmation email once your order has been dispatched, which confirms that your order has been accepted by us.
3.4 If your order is dispatched in more than one package, you may receive a separate shipping confirmation email for each package. All items form part of the same contract unless otherwise stated.
3.5 All orders are subject to availability. We cannot guarantee that any product will be available at any given time. Availability information is provided on our Amazon US storefront and product listing pages. Product availability may depend on factors outside our control, such as supplier stock levels or production capacity.
3.6 We may need to stop selling certain products or cancel your order at any time before dispatch. This may happen for reasons including (but not limited to):
- 3.6.1 the product is unavailable or cannot be produced;
- 3.6.2 a pricing or description error has occurred;
- 3.6.3 your delivery address is outside the US;
- 3.6.4 delivery is not possible to your location; or
- 3.6.5 circumstances beyond our reasonable control (including, for example, changes in applicable laws or regulations or restrictions imposed by our third-party manufacturers or suppliers).
If your order is affected by any of these reasons, we will notify you by email, cancel your order and issue a full refund.
3.7 We will assign your order with an order number and Amazon will (on our behalf) provide it to you in your shipping confirmation email. It will help us if you can tell us the order number whenever you contact us about your order.
3.8 All correspondence relating to your order, including acknowledgement and shipping confirmation emails, sales invoices and order updates, will be sent to you electronically by Amazon.
4. Making changes to your order
4.1 If you would like to make any changes to your order after you have submitted it, please contact us as soon as possible. We will let you know if it is possible to change your order and if there is any effect on the price and delivery date.
4.2 If changes are possible, they may result in additional charges or a partial refund depending on what you wish to change.
4.3 If it is not possible to make the change or you no longer wish to proceed with your order:
- 4.3.1 if this happens before your order has entered production, you may cancel the order and we will refund your payment; and
- 4.3.2 if this happens after your order has entered production or has been dispatched, you can cancel your order in accordance with Amazon’s standard return policy.
4.4 We may make changes to products, including but not limited to modifications to design, specifications, materials, features, descriptions, pictures, images or other information on our Amazon US storefront and product listings, at any time:
- 4.4.1 due to updates or changes made by our third-party manufacturers or suppliers; or
- 4.4.2 to comply with applicable laws or regulations.
We shall make all reasonable efforts to ensure that any such changes do not adversely affect the overall appearance, quality and performance of the product(s) and we shall notify you if we are required to change the products in your order in accordance with this paragraph 4.4. If you are not satisfied with the changes, you may cancel your order in accordance with Amazon’s standard return policy. Please see paragraph 10 below for further details.
5. Product descriptions
5.1 Descriptions, pictures, images or information in respect of our products are set out on our Amazon US storefront and product listings.
5.2 Please read the product description carefully. Pictures and images of the products or their packaging on our Amazon US storefront and product listings are for illustration purposes only. Your products and their packaging may vary slightly from those pictures or images.
5.3 We cannot guarantee that the colours displayed on your device will match exactly the appearance of your products. The colours of the products displayed on our Amazon US storefront and product listings may vary depending on what device you are using and your settings.
6. Prices
6.1 Prices for our products are set out on our Amazon US storefront and product listings. All prices are displayed in US dollars ($USD) unless otherwise stated. Prices include any applicable tax but exclude delivery charges. Information on available delivery options and costs will be provided to you at checkout before you place your order.
6.2 Prices for our products and delivery charges may change at any time. Except as set out in paragraph 6.3 below, such changes will not affect existing orders.
6.3 If there has been an error on our Amazon US storefront and product listings regarding the pricing of any of our products and this affects your order, we will try to contact you using the contact details you provided when you placed your order. We will give you the option to re-confirm your order at the correct price or to cancel your order. If we are unable to contact you, we will treat the order as cancelled and notify you by email.
6.4 We only sell and deliver products to customers located within the US. However, your order may be fulfilled and dispatched from outside the US (for example, from fulfilment centres in the UK or EU). In some cases, import duties, taxes or customs clearance charges may apply. Where applicable, these charges will be included in the product price or delivery charges shown at checkout. While we make every effort to ensure all applicable import charges are included at checkout, we cannot guarantee that no additional fees will be charged by customs authorities. You will be considered the importer of record and are responsible for complying with all applicable import laws and regulations. If you have any questions about potential fees, please contact your local customs office.
7. Payment
7.1 You can pay by credit card, debit card, PayPal, Apple Pay, Google Pay or any other method permitted by Amazon. All credit card and debit card payments need to be authorised by the relevant card issuer.
7.2 We will take payment at the time you place your order. If your payment is unsuccessful, we will inform you of this on our Amazon US storefront or we will try to contact you using the contact details you provided at checkout. If we are unable to contact you, we will cancel your order and notify you by email.
8. Delivery dates and costs
8.1 You will be given available delivery options to choose from (and the applicable delivery charges) when you place your order.
8.2 We will do all that we reasonably can to ensure that your order is delivered on the selected delivery date or within the delivery period specified, depending on the delivery option you chose when you placed your order. We will deliver your order within 30 days of the shipping confirmation email unless otherwise agreed between you and us.
8.3 Due to the nature of the products, your order may be dispatched from outside the US (for example, from fulfilment centres in the UK or EU). Any delivery dates stated during the order process, or in your order acknowledgment or shipping confirmation emails, are estimates. They are not guaranteed delivery times and should not be relied upon as such.
8.4 If your delivery is delayed, we will email you to let you know as soon as reasonably possible. You can also contact us after the delivery date using the details in paragraph 1.3 above. However, we are not liable to you for any losses you incur if delivery is delayed because of circumstances beyond our reasonable control (for example, severe weather, accidents or unpredictable traffic delays).
9. Delivery
9.1 We will deliver your order to the address specified by you when you placed your order. We may deliver the products in your order in instalments.
9.2 If no one is available to take delivery, the package will be returned to our shipping facility. We will contact you by email to arrange re-delivery. Re-delivery will incur an additional charge, which must be paid by you in full before we process the re-delivery. These charges will be clearly communicated and are your responsibility. If you:
- 9.2.1 choose to cancel the order following a failed delivery; or
- 9.2.2 fail to re-arrange delivery within 28 days of our email; or
- 9.2.3 if a further delivery attempt is unsuccessful,
we will notify you by email, cancel your order and refund you the price of the products and the standard delivery costs, but not the re-delivery charge (unless the failure to re-deliver was due to our fault or our courier’s).
9.3 Please examine the products as soon as reasonably possible after delivery and notify us of any fault or damage as soon as reasonably possible. If you have any concerns, please follow the steps in paragraph 11.2 below.
9.4 Once your order has been delivered to your address, the risk in the products passes to you and the goods are classed as having been “delivered”. This means that you are responsible for the products and we are not liable to you if the products are stolen or damaged after they have been delivered to you. This does not affect your legal rights if the products are faulty or misdescribed. Ownership of the products passes to you once you have paid for them in full and they have been manufactured.
9.5 If your package has not been delivered by the delivery date, please contact us using the details in paragraph 1.3 above. Please remember to provide your order number.
10. Your right to cancel
10.1 Without affecting your right of cancellation set out in paragraph 10.2 below, you can cancel your order for a product at no cost any time before Amazon (on our behalf) sends the shipping confirmation email relating to that product to you.
10.2 To cancel your order in accordance with Amazon’s standard return policy, please follow the return instructions provided in your Amazon account. Alternatively, you may contact us using the details in paragraph 1.3 above. You may use the model cancellation form provided below, but you do not have to. You can simply send us a clear statement via email or submit a request via our support portal. To help us process your cancellation more quickly, please remember to include your order number.
10.3 If you cancel your order in accordance with Amazon’s standard return policy and have received the products, you must return them to us in accordance with Amazon’s standard return policy. The applicable returns address will be provided with your product or upon request.
10.4 Please note that returns may need to be sent to an overseas address (for example, in the UK or EU). Unless Amazon offers a prepaid return label (which may depend on factors such as the reason for return, timing of the request and the product category), you will be responsible for the cost of returning the product, which may be higher than domestic US postage rates. If the product is faulty, damaged, or not as described, you will not be charged for the return.
10.5 Products must be returned to us in a new and unused condition and, to the extent possible, in their original packaging. We may make a deduction from the refund amount if you have handled the product in a way that has diminished the value of the product, if such handling was beyond what is necessary to establish the nature, characteristics and functioning of the products. You are responsible for the products while they are in your possession.
10.6 We will provide you with a full refund (including standard delivery charges) as soon as possible. If you cancelled your order before you received any products, we will issue the refund no later than 14 days after the day on which you told us that you want to cancel. If you have sent products back to us, we will issue the refund no later than 14 days after the day we receive the products back from you or, if earlier, 14 days after the day you provide us with evidence that you have sent the products back.
11. If there is a problem with your product
11.1 We are under a legal duty to supply products that are in conformity with our contract with you. Nothing in these terms will affect your legal rights.
11.2 If your products are faulty or misdescribed, please contact us as soon as reasonably possible using the details in paragraph 1.3 above. Please include your order number and provide details of the issue and, if possible, photographs of the issue. Once we have reviewed your claim, we will provide instructions for returning the product to us.
11.3 Due to the nature of the products, we do not offer repairs. If your item is faulty, damaged, or not as described, you may be eligible for a refund or a replacement. We offer the following:
- 11.3.1 Up to 30 days from receiving your product: you are entitled to a full refund. Alternatively, we will do our best to provide a replacement product as “like-for-like” as practically possible (subject to availability).
- 11.3.2 After 30 days from receiving your product: you may be entitled to a replacement or partial refund depending on the nature of the defect, the product category, and its expected lifespan (subject to availability).
11.4 We are not responsible for any issues that result from misuse of our products, including as a result of a breach of these terms.
12. Returns and refunds
12.1 All returns, whether in accordance with paragraph 10 or 11, must be sent to our nominated returns address. This will be the address provided with your product or by Amazon, unless we confirm otherwise after you contact us. Please do not send products to our registered office address or business address.
12.2 Please do not send products back without submitting a return request via your Amazon account. We will confirm whether your return is eligible and provide instructions for how to proceed, including any required labels or documentation. Please return the products in their original packaging (to the extent possible).
12.3 If your product is faulty or misdescribed, we shall cover the cost of returning the product. If you are returning a product in accordance with Amazon’s standard return policy, you will be responsible for the cost of return shipping (which may be higher than domestic US postage rates), unless Amazon provides a prepaid return label.
12.4 We strongly recommend that you obtain proof of postage and use a tracked service when returning products. You are responsible for the products until they are received at the returns address.
12.5 For all refunds due under these terms, we will issue your refund to the same payment method you used when you placed your order.
13. Replacements
13.1 If you wish to exchange a product (for example, swap a t-shirt for a different size), please contact us using the details in paragraph 1.3 above in accordance with Amazon’s standard return policy. Exchanges are subject to availability and, unless we sent you a different size than the one you ordered, may incur additional charges (such as delivery costs or price differences).
13.2 As all of our products are made to order, we do not offer direct exchanges. Instead, we will ask you to return the original product in accordance with paragraph 10 and place a new order for the replacement item. Once we receive the returned product in a new and unused condition, we will issue a refund for the original item (including standard delivery charges, unless the product was faulty or misdescribed).
13.3 If the product you received is faulty, defective or not as described, you may be entitled to a replacement or refund under paragraph 11. We will do our best to offer a replacement that is as “like-for-like” as practically possible, subject to availability.
14. Our responsibility to you
14.1 If we breach these terms or we are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By “foreseeable” we mean that, at the time the contract was made, it was either clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
14.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
14.3 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
15. Your information
Any personal information that you provide to us will be dealt with in accordance with our Privacy Policy available here: https://www.kineticgames.co.uk/privacy-policy, which we may update from time to time, and which explains what information we collect and hold about you, and how we collect, store, use and share such information.
16. Other important terms
16.1 Use restrictions: You must use our products only for domestic and personal use. You must not use our products for commercial, business or resale purposes.
16.2 Events beyond our control: We are not liable to you if we fail to comply with these terms or we are delayed in complying with these terms because of circumstances beyond our reasonable control.
16.3 Complaints: If you are unhappy with us or the products you ordered, please contact us using the details in paragraph 1.3 above. We aim to resolve complaints quickly and fairly. Please contact us first before considering external dispute resolution under paragraph 16.7 below.
16.4 Transfer of rights: We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that your rights are not adversely affected as a result. You are not allowed to transfer your rights under these terms to anyone without our prior written consent (which won’t be unreasonably withheld, delayed or conditioned). Any such transfer will not affect your rights or obligations under these terms.
16.5 No third party rights: No one other than us or you has any right to enforce any of these terms.
16.6 Governing law and jurisdiction: These terms are governed by and construed in accordance with English law.
16.7 Disputes: Any disputes will be subject to the exclusive jurisdiction of the English courts.
Model Cancellation Form
(If you wish to cancel your contract, please copy and paste the form below into an email, complete the details, and send it to: contact@kineticgames.co.uk)
Subject: Cancellation Request – Order #[insert order number]
To: Kinetic Games Limited
I hereby give notice that I cancel my contract for the following supply of goods:
Order number: [insert order number]
Name of consumer: [insert name]
Address of consumer: [insert address]