These Terms & Conditions govern purchases made from DateNight and use of the DateNight website, lysogenicgames.com, and associated online features. Please read them before placing an order.
1. About us
DateNight is a trading name of Aaron Johnson, trading as DateNight. Our business and correspondence address is: DateNight 124 City Road London EC1V 2NX United Kingdom You can contact us through the Support section of our website, by email at support@datenightdeck.com, or by post at the address above. In these terms, “DateNight”, “we”, “us” and “our” refer to the person or business trading as DateNight. If DateNight begins trading through a limited company, the legal seller details displayed on the website and applicable at the time of an order will identify the contracting entity.
2. These terms
These terms apply to: purchases of products through the DateNight website; use of the DateNight website; use of the Game Vault and other DateNight online features, where applicable. Additional terms may apply to particular promotions, competitions, products, services, offers or business and wholesale accounts. Where additional terms apply, they will be made available with the relevant offer, account or order before you submit the applicable order. If you are an approved business or wholesale customer, your account may also have specific commercial terms, including pricing, promotional structure, minimum quantities, purchase limits, authorised users or delivery arrangements. Those specific terms form part of orders placed through that business or wholesale account. Where specific business or wholesale terms conflict with a general provision of these terms, the specific terms will apply to the relevant business or wholesale order to the extent of that conflict. Nothing in these terms affects any rights you have under applicable consumer law.
3. Our products
The products supplied are those described on the relevant product page at the time you place your order. The DateNight Deluxe Set currently contains: DateNight Deck; DateNight Shield; DateNight Cup; DateNight Orb; and DateNight Blindfold. Product pages may contain additional information about specifications, dimensions, materials, colours, finishes and other characteristics.
3.1 Product photographs and appearance
We take reasonable care to represent products accurately. However, photographs, videos, illustrations and digital renders are provided to help demonstrate the product and may not reproduce colours, textures or finishes exactly. The appearance of colours may also vary according to your screen, device, display settings, lighting conditions and the way an image was produced.
3.2 Batch, lot and manufacturing variations
DateNight is a physical manufactured product and components may be produced at different times, by different production runs or in different manufacturing lots. As a result, minor and non-material variations may occur between individual products, batches and lots. These may include reasonable variations in: colour or shade; print tone; texture; surface finish; gloss or matte appearance; material appearance; stitching or fabric appearance; positioning or alignment within normal manufacturing tolerances; dimensions or weight within normal manufacturing tolerances; packaging; internal presentation; component finish; and other minor manufacturing characteristics. For example, two components produced in separate batches may not be an absolutely identical shade even where both are manufactured to the same colour specification. Such variations are not intended to affect the essential nature or function of the product. We may also make minor changes to materials, manufacturing methods, suppliers, packaging or product construction from time to time where the change does not materially reduce the product’s quality, functionality or value or cause it to cease to match its description. If a change materially affects one of the product’s main characteristics, the relevant product information will be updated and we will not rely on this clause to supply something materially different from what you ordered. Consumer goods must still be of satisfactory quality, fit for purpose and as described; those statutory requirements cannot be contracted out of.
3.3 Product use
DateNight is intended for adults aged 18 and over and contains adult themes and content. DateNight is an entertainment product. Some gameplay is designed for the included challenges and props, including the use of the DateNight Blindfold for approved in-game activities such as target or accuracy challenges. Other cards or mechanics may also be used with other games, chores or competitions chosen by the players, provided this is done safely, lawfully and with the consent of everyone involved. Users are responsible for deciding whether any activity they undertake while playing is appropriate for them and for using any third-party games, equipment, venues and activities responsibly. Nothing in DateNight should be interpreted as requiring a player to undertake unlawful, unsafe or non-consensual activity. Players must not use the product, or any challenge prompted by the product, in a way that creates an unreasonable risk of injury, property damage or distress. Components should be used in accordance with any instructions or warnings supplied with the product and should be kept away from young children. The DateNight Cup is a game component/prop and is not intended for drinking, food preparation or food or beverage use.
3.4 Safety, blindfold use and user responsibility
DateNight may involve voluntary challenges, dares or activities that are physical, competitive, embarrassing or otherwise experimental in nature. Some activities may involve blindfolding or restricted vision. Blindfolded activities must only be carried out in a safe environment and only where players have first checked the area for hazards. Before taking part in any challenge, each player must use their own judgment and must ensure that it is safe to do so in the circumstances, taking into account: the environment; lighting; flooring and trip hazards; walls, furniture, glass, sharp objects and breakable items; their own health, mobility, vision, balance and ability; the presence of alcohol, medication or other impairing substances; and the presence and consent of any other person involved. Players must not participate in any challenge that they consider unsafe, unlawful, uncomfortable or inappropriate. Players must not force, pressure or coerce another person to take part. If a challenge seems unsafe at any point, it must be stopped immediately. DateNight is not a substitute for common sense, supervision or personal judgment. We do not promise that every challenge will be safe for every person or every setting, and you must not rely on the game as a guarantee of safety. Nothing in these terms excludes or limits any liability that cannot legally be excluded, including liability for death or personal injury caused by negligence, or any consumer rights that cannot legally be excluded or restricted.
4. Placing an order
You may place an order using the checkout on our website. Before submitting an order, you are responsible for checking: the products and quantities selected; your contact information; your delivery address; the delivery option selected; and the total price shown. If you place an order using a business or wholesale account, ordering code or other restricted business access, you confirm that you are authorised to place the order on behalf of the relevant business and that the information used to access that account is being used for that business. Submitting an order constitutes an offer by you to purchase the products in that order subject to these terms and any specific terms incorporated into that order. An automated acknowledgement, payment confirmation or message confirming that we have received your order does not necessarily mean that we have accepted it.
5. When a contract is formed
A contract between you and DateNight is formed when we confirm that your order has been dispatched, unless we expressly tell you otherwise. Where we confirm dispatch of only part of a business or wholesale order, the contract is formed for the whole of that order unless we tell you at the time that we have accepted only part of it. Where we have accepted the whole order but are unable to dispatch the full accepted quantity, Section 25.8 applies to the quantity we are unable to supply. Until that point, we may decline an order for legitimate reasons including: lack of stock; inability to fulfil or deliver the order; payment failure; suspected fraud or misuse; an obvious pricing or website error; a breach of an applicable purchase limit; or another reasonable operational or legal reason. If we take payment but do not accept your order, we will refund the relevant payment.
5.1 Pre-orders and backorders
From time to time, we may allow products to be ordered before they are available for immediate dispatch, including as a pre-order or backorder. Where a pre-order or backorder is offered, we may provide an estimated or agreed dispatch or delivery date, period or window before you place the order. Where a specific delivery date or period is clearly stated before you order and you place the order on that basis, that date or period will constitute the agreed delivery time or period for the purposes of applicable consumer law. In those circumstances, the statutory 30-day default delivery period does not apply in place of the delivery period that has been agreed with you. Any date described only as an estimate remains an estimate unless it is clearly stated to be an agreed or guaranteed delivery date or period. Unless we expressly state otherwise, placing and paying for a pre-order or backorder constitutes your offer to purchase the product. The contract is formed when we confirm dispatch in accordance with Section 5. Before dispatch and contract formation, you may ask us through the Support section to cancel a pre-order or backorder. If we have not yet accepted the order, any payment already collected for the cancelled item will be refunded. If we are unable to fulfil a pre-order or backorder, we may cancel it and refund any amount paid. Nothing in this section removes any statutory rights you have if we fail to deliver within an agreed delivery period.
6. Availability and quantity limits
Products are subject to availability. We may introduce, alter or remove reasonable limits on the quantity of a product that may be purchased in a single order or by a customer. Any applicable restriction may be implemented through the website or communicated before an order is accepted. Business and wholesale accounts may also be subject to specific purchasing controls, including: a minimum order quantity; a maximum quantity per order; a maximum quantity during a stated rolling period; account-specific purchasing allowances; or other reasonable stock-protection or allocation limits. The applicable limits may differ between business customers and may be changed for future orders. Where a rolling purchasing allowance applies, the website may take account of relevant recent orders and active order or checkout reservations where reasonably necessary to prevent simultaneous or repeated orders from exceeding that allowance. Any applicable limit will be communicated through the relevant business or wholesale terms, account information or checkout before an affected order is completed. We may refuse or require a customer to amend an order that would exceed an applicable limit. A later change to a purchasing limit will not retrospectively change the price, quantity or other terms of an order that we have already accepted. We may discontinue or alter products offered for sale at any time before a contract for those products has been formed.
7. Prices
Prices are shown in pounds sterling unless stated otherwise. The price payable for an order is the price shown as applicable to that order before you submit it, subject to correction of obvious errors before the order is accepted. Any mandatory taxes or charges that we are required to include will be dealt with in accordance with applicable law. Delivery charges, where applicable, will be shown or calculated before you submit your order. UK pricing rules require mandatory charges to be presented transparently and prohibit introducing unavoidable charges later in the purchase process.
7.1 Business and wholesale pricing
Approved business and wholesale customers may receive pricing different from the ordinary retail price. The specific wholesale pricing applicable to a business customer will be shown or communicated through that customer’s wholesale terms, ordering details or checkout. Wholesale offers may combine: a wholesale rate applying to chargeable units; and complimentary units earned when a complete promotional block is ordered. Where an offer is described as providing an “up to” or maximum effective saving, that maximum may be reached only when the order contains the required number of complete promotional blocks. Units above the last complete promotional block may remain chargeable at the applicable wholesale rate until another complete block is reached. As a result, the actual effective saving on an order that contains an incomplete block may be lower than the stated maximum effective saving. The applicable checkout will calculate the actual chargeable units, complimentary units, merchandise saving and amount payable for the quantity ordered. The price and pricing breakdown shown for the applicable order before submission will govern that order, subject to correction of an obvious error before acceptance. Any reference to a recommended retail price or “RRP” is used as a reference price for the product and, where applicable, for explaining the wholesale saving. A business customer remains free to determine its own resale prices.
8. Payment
Payments are processed using Stripe or another payment provider displayed at checkout. You must provide valid payment information and be authorised to use the payment method supplied. Payment may be authorised or collected before we formally accept the order. If an order is not accepted, any amount collected for that order will be refunded. Payment processors may process information in accordance with their own applicable terms and privacy policies. Business customers may receive an invoice or other business transaction document in connection with an order. Any tax information shown will reflect the seller’s applicable tax status and the information relevant to that transaction.
9. Discount codes and promotions
We may offer discounts, coupons, promotional pricing, bundles, referral arrangements, competitions or other offers from time to time. Each offer may be subject to its own conditions, including: validity dates; eligible products or customers; minimum or maximum order quantities; redemption limits; whether it may be combined with another promotion; and other reasonable conditions. Those conditions will apply to that particular promotion. Approved business or wholesale ordering codes may also be used to identify and provide access to a particular business account and its agreed commercial terms. Possession of such a code does not give another person or business a right to use that account. Unless the applicable promotion expressly says otherwise, a promotional code has no cash value and does not create an entitlement to future promotions. We may correct, withdraw or amend a promotion before a qualifying order has been accepted where reasonably necessary, including where an offer has been published in error. Once an order has been validly accepted, we will not retrospectively remove a valid discount from that order merely because we later change the promotion. Competitions and prize draws may be governed by separate promotional terms.
10. Delivery
DateNight’s primary market and fulfilment territory is the United Kingdom. We currently offer delivery to eligible addresses within the United Kingdom and do not actively market or target our products for sale to consumers outside the United Kingdom. The delivery options currently available may include Royal Mail services, but we may change carriers or delivery services from time to time. The delivery method and applicable charge available for your particular order will be shown at checkout. References to carrier services such as Royal Mail 24 or Royal Mail 48 describe the relevant carrier service and should not be understood as a guarantee by DateNight that delivery will occur within an exact number of hours or days. Any dispatch or delivery date shown on our website, at checkout or in an order communication is an estimate unless we expressly state that it is guaranteed or forms an agreed delivery date or period. Unless another delivery period has been agreed with you, goods must generally be delivered without undue delay and no later than 30 days after the contract is made. For a pre-order or backorder where a different delivery date or period has been agreed with you before ordering, the agreed period described in Section 5.1 applies instead of the 30-day default period. If we become aware of a significant delay, we may contact you with further information. Nothing in this section limits any statutory rights you have where goods are delivered late or not delivered.
10.1 Non-UK orders
We are not obliged to accept orders for delivery outside the United Kingdom. If, at our discretion, we accept an order for delivery outside the United Kingdom, this does not mean that we generally market to, target or undertake to supply customers in that country. Unless we expressly state otherwise for the particular order or delivery service, the customer will be responsible for acting as the importer of record and for complying with any applicable import requirements in the destination country. To the extent permitted by applicable law, the customer will be responsible for any: customs duties; import VAT or other import taxes; customs-clearance charges; handling or brokerage fees; and other import-related charges imposed in connection with bringing the goods into the destination country. These amounts are not included in the price charged by DateNight unless we expressly state otherwise before the order is placed. Acceptance of an international order does not exclude or limit any mandatory consumer rights or legal obligations which applicable law requires us to observe.
10.2 Business and wholesale delivery
Business and wholesale customers may be offered separate trade delivery services from those available for ordinary consumer orders. Where trade delivery is offered, the available services and charges will be displayed before the order is submitted and the business customer may select from the available options. Trade delivery charges may be calculated by carton. Where this applies, the number of cartons required will be calculated from the quantity ordered and the applicable carton capacity, including a part-full carton where one is required to ship the order. The charge for the selected service will then be calculated using the applicable price per carton. The checkout will show the delivery service and amount applicable to the order before submission. If a trade delivery price or another component of the delivery calculation changes after it has been presented but before the order is submitted for payment, we may require the customer to select or confirm a fresh delivery quote rather than silently applying a different charge.
11. Delivery information supplied by you
You are responsible for providing a complete and accurate delivery address. If an order cannot be delivered because information supplied by you is materially incorrect or incomplete, we may contact you to arrange an appropriate solution. If goods are returned to us because: an incorrect address was supplied; delivery could not be completed for reasons attributable to the recipient; or the parcel was not collected, we may require payment of a reasonable additional delivery charge before sending the goods again. If redelivery is not arranged within a reasonable period, we may treat the order as ended and deal with the goods and any refund in accordance with applicable law, including deducting only costs that we are legally entitled to recover. This clause does not apply where the failed delivery was caused by us or where the law places responsibility on us or our carrier. A business or wholesale account may have a registered or approved delivery address. Where the relevant wholesale terms require delivery to that address, orders placed through the account will be delivered there unless we approve a change before the order is submitted.
12. Risk and ownership
Risk in goods passes to a consumer when the goods come into the physical possession of you or a person you have identified to receive them, rather than merely when they are handed to a carrier selected by us. For a business customer, where delivery is arranged by us, risk in the goods passes when the goods are delivered to the delivery address applicable to the order or are received by a person authorised to receive them on behalf of the business. Where a business customer independently arranges collection or appoints its own carrier rather than using a delivery service offered by us, risk passes when the goods are handed to the business customer or its nominated carrier, to the extent permitted by law. For business and wholesale customers, ownership of the goods passes once we have received payment in full in cleared funds and the goods have been delivered. For these purposes, goods are treated as delivered when risk passes under the applicable business delivery or collection provision above. For consumers, ownership of the goods passes once we have received payment in full and the goods have been delivered. For business and wholesale customers, until ownership has passed, the customer may resell genuine DateNight goods in the ordinary course of its business. Any such permission ends automatically if payment for the relevant goods becomes overdue, the customer becomes insolvent or enters an insolvency process, or we lawfully terminate the relevant business arrangement, subject to applicable law and any rights already acquired by a third-party purchaser. Where ownership has not yet passed and the customer is no longer permitted to resell the goods, the customer must, so far as reasonably practicable, keep the unpaid goods identifiable as DateNight goods and, on reasonable notice and where legally permitted, make them available for collection by us.
Returns, cancellations & refunds
Sections 13 to 18 principally describe rights and procedures applying to consumers. Business and wholesale purchases are additionally subject to Section 25.
13. Your 14-day right to cancel
If you are a consumer purchasing online, you will normally have a statutory right to change your mind. For a standard order of goods, you may cancel from the point the contract is formed until 14 days after the day on which you, or someone nominated by you other than the carrier, receives the goods. Where one order contains multiple goods delivered separately, the cancellation period may run from receipt of the last applicable item, lot or piece as provided by law. You do not need to give a reason. To cancel, you must communicate a clear decision to cancel before the cancellation period expires. You may do this through: the Support section of the DateNight website; by email at support@datenightdeck.com; or by sending a clear written cancellation notice to our postal address. You may use the model cancellation form at the end of these terms, but you do not have to. The statutory model rules expressly permit any clear statement of cancellation rather than requiring a particular form.
14. Returning goods after cancellation
If you cancel an order after receiving it, you must return the goods without undue delay and no later than 14 days after telling us that you are cancelling. Returns should be sent to: DateNight 124 City Road London EC1V 2NX United Kingdom Unless we tell you otherwise, you are responsible for the direct cost of returning goods when you are simply exercising your change-of-mind right. We do not provide a prepaid return label as standard for change-of-mind returns. You are responsible for taking reasonable care when packaging returned goods. We recommend using a method that provides reasonable proof that the goods were sent.
15. Refunds following cancellation
Where you validly exercise your statutory right to cancel, we will refund: the price paid for the returned goods; and the outbound delivery amount that the law requires us to refund. If you selected a delivery service more expensive than the least expensive standard delivery option available to you, we are not required to refund the additional amount attributable to your choice of premium delivery. We may withhold the refund until we have received the returned goods or you provide evidence that they have been sent back, whichever occurs first, where permitted by law. Refunds will be made without undue delay and within the applicable statutory period, normally using the same payment method used for the original transaction unless otherwise agreed.
16. Handling returned goods
You may inspect a product to the extent reasonably necessary to establish its nature, characteristics and functioning. If you handle the product beyond what would reasonably be permitted when examining goods in a shop and that handling reduces its value, we may make a deduction from the refund to reflect the diminished value, where the law permits us to do so. Examples of handling that may reduce value include visible wear, staining, stretching, tearing, marks, odours, missing parts, damage or use beyond reasonable inspection. Opening packaging does not, by itself, automatically remove your statutory cancellation rights unless a specific legal exception applies.
17. Faulty, damaged, incomplete or incorrect goods
Your change-of-mind rights are separate from your rights where something is wrong with the product. Products supplied to consumers must meet the requirements imposed by law, including being: of satisfactory quality; fit for their intended purpose; and as described. If your order is faulty, damaged, materially incomplete or incorrect, please contact us through the Support section of the website. We may reasonably ask you to provide: your order details; a description of the problem; and photographs where these would help us understand the issue. Depending on the circumstances and your statutory rights, the appropriate remedy may include a refund, replacement, repair or another remedy required by law. Where goods are returned because they are faulty, incorrect or otherwise fail to comply with your statutory rights, we will not require you to bear return costs where the law requires us to cover them. Nothing in these terms excludes or limits your statutory remedies. Business customers should also refer to Section 25.7 for the procedure applying to faulty, damaged, incomplete or incorrect business orders.
18. No additional commercial guarantee
Unless we expressly state otherwise for a particular product or promotion, DateNight does not provide a separate commercial warranty, extended warranty or satisfaction guarantee in addition to your statutory rights. This does not affect the legal rights you already have as a consumer.
19. Game Vault
Certain DateNight purchases may include access to the Game Vault, an online companion feature associated with DateNight. The Game Vault may allow users to save and retrieve game state and gameplay information, including cards used, rewards, punishments, scores, game history and later redemptions, together with other online functionality we make available from time to time. Access may require registration, verification, possession of relevant access information and a compatible internet connection or device. We may also make some or all Game Vault functionality available to people who have not purchased a DateNight product.
19.1 Digital content and services
The Game Vault is a free online companion feature associated with DateNight. It may be available only to authorised users and may require purchase of a DateNight product, registration, verification or access details provided with the product. The Game Vault may be used to save game state, record gameplay information, and redeem rewards or related features we make available from time to time. The Game Vault is not a subscription service and is not sold separately from the physical DateNight product unless we expressly state otherwise. Access to or use of the Game Vault does not affect your statutory cancellation or return rights in relation to the physical DateNight goods.
19.2 Changes to the Game Vault
Online products and services evolve. To the fullest extent permitted by law, we may: update the Game Vault; alter its design; add, replace or remove individual features; change technical requirements; perform maintenance; temporarily suspend functionality; introduce security or abuse-prevention measures; or otherwise develop or change the service. We may also discontinue part or all of the Game Vault where reasonably necessary or appropriate, including for technical, legal, security, operational or commercial reasons. However, where Game Vault access formed part of the contractual description or a material benefit of a product you purchased, nothing in this clause allows us to remove mandatory rights or remedies you may have if a change would amount to a breach of that contract.
19.3 Availability
We do not promise that the Game Vault will be continuously available without interruption or error. Temporary outages may occur because of maintenance, hosting failures, internet failures, security incidents, software problems or events outside our reasonable control. We will take reasonable steps appropriate to the nature of the service to maintain it, but it should not be relied upon as a permanent archival or data-storage service.
19.4 Suspension or restriction
We may restrict or suspend access to the Game Vault where we reasonably believe this is necessary to: protect the service or other users; investigate abuse or misuse; respond to a security issue; comply with law; prevent fraud; respond to excessive or disruptive use; or enforce these terms. Where appropriate and reasonably practicable, restrictions will be proportionate to the issue involved.
20. Acceptable use of the website and Game Vault
You may use the DateNight website for lawful personal or business purposes consistent with its intended functionality. You must not intentionally: gain or attempt to gain unauthorised access to our systems or another person’s information; circumvent authentication, security or access controls; introduce malware or malicious code; attack, overload, disrupt or impair the website; probe the website for vulnerabilities without authorisation; use automated systems in a manner that places an unreasonable burden on the service or circumvents controls; impersonate another person; use the support systems abusively or fraudulently; or use the website for unlawful purposes. We may take reasonable technical or administrative action to protect the service where these rules are breached.
21. Intellectual property
Unless stated otherwise, the intellectual-property rights in DateNight, including its branding, artwork, card designs, written content, graphics, photographs, videos, rules, website and associated materials, are owned by us or used by us with permission. Buying a DateNight product gives you ownership of the physical item purchased. It does not transfer ownership of the underlying intellectual property. You may use the product normally and may take photographs or videos of your genuine use of DateNight, including sharing those photographs or videos on social media. You may not, without permission: reproduce the whole or a substantial part of the deck or other protected materials; manufacture or distribute copies; sell unauthorised digital reproductions; commercially exploit our artwork or branding; present our intellectual property as your own; or use DateNight branding in a way that falsely suggests sponsorship, endorsement or affiliation. Approved business and wholesale customers may resell genuine DateNight products acquired from us in the ordinary course of their business. Where we provide approved product photographs, descriptions, logos or other brand materials specifically for resale or promotional purposes, a business customer may use those materials for those purposes subject to any brand guidelines or restrictions supplied with them. Nothing in this clause prevents anything permitted by applicable copyright, trade mark or other law.
21.1 User-generated content
Where you submit photographs, videos or other content directly to DateNight, tag or mention an official DateNight social-media account in content that you make public, or publicly share content in connection with a DateNight campaign, feature or official social-media interaction in circumstances where it is reasonable to understand that DateNight may re-share or feature that content, you grant DateNight a non-exclusive, worldwide, royalty-free licence to reproduce, display, re-share, communicate and feature that content in connection with DateNight, its products, website and official social-media channels. This licence does not transfer ownership of your content to DateNight. You confirm that, to the extent necessary for the use you authorise, you own the relevant content or otherwise have the rights and permissions required to grant this licence, including any permissions reasonably required from identifiable people appearing in it. The licence may continue for material already lawfully published or incorporated into DateNight materials, but nothing in this clause removes any rights you have under applicable data-protection law or requires us to continue using content after we have agreed to remove it. We will not treat the mere existence of a publicly accessible photograph or video about DateNight, without submission, tagging, mention or another relevant interaction with DateNight, as granting us this licence. Any use of social-media content is also subject to the rules and functionality of the relevant platform.
22. Third-party games, products and services
DateNight can be used alongside many activities, games and third-party products. References on our website or materials to third-party games, brands, activities or services are generally examples of ways DateNight may be used. Unless expressly stated otherwise, such references do not mean that DateNight is affiliated with, sponsored by or endorsed by the relevant third party. You remain responsible for complying with any rules or terms applicable to a third-party game, venue, product or service.
23. Third-party services and links
Our website may rely upon or link to third-party services including payment processors, delivery companies, hosting providers and external websites. Where we link to a third-party website that we do not control, that website may operate under its own terms and privacy policy. Nothing in this section removes responsibility that the law places on DateNight for the performance of our own consumer contracts.
24. Our responsibility to consumers
If we fail to comply with these terms, we are responsible for loss or damage that is a foreseeable result of our breach or our failure to use reasonable care and skill, to the extent required by law. We are not responsible for loss or damage that was not reasonably foreseeable when the contract was made. Nothing in these terms excludes or restricts liability where doing so would be unlawful, including liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or consumer rights that cannot legally be excluded or restricted. We are not responsible for loss arising solely from misuse of the product, failure to follow supplied warnings or instructions, failure to make reasonable safety checks before play, or an activity independently chosen by a user, except to the extent the law provides otherwise.
25. Business and wholesale purchases
A consumer is generally an individual acting wholly or mainly outside their trade, business, craft or profession. A business customer is a person or organisation purchasing DateNight wholly or mainly for purposes relating to a trade, business, craft or profession. If you place an order through an approved DateNight business or wholesale account, you confirm that the order is being placed for the relevant business and that you are authorised to act for that business. Consumer-specific rights referred to in these terms, including the statutory change-of-mind rights in Sections 13 to 16, do not apply to a purchase made wholly or mainly for business purposes unless the law requires otherwise. The other provisions of these terms continue to apply to business purchases except where Section 25 or specific business or wholesale terms state otherwise.
25.1 Wholesale accounts and ordering access
Wholesale pricing or ordering access may be limited to businesses approved by DateNight. We may provide an approved business with an ordering code or another means of identifying its wholesale account. Wholesale access is provided for the approved business and must not knowingly be transferred, published or made available to another business or unauthorised person. We may restrict the use of a wholesale account to specified email addresses, approved business domains, a registered delivery address or other reasonable identity and account controls communicated to the business. A wholesale ordering code is an access and attribution mechanism and has no cash value independently of the business account and commercial terms to which it relates. We may suspend or withdraw wholesale access for future orders where reasonably necessary because of fraud, misuse, security concerns, material breach of these terms, persistent payment problems or another legitimate business reason. Suspending or withdrawing future wholesale access will not retrospectively alter an order that we have already accepted.
25.2 Specific wholesale terms
Each approved business may have specific commercial terms. These may include: the products available under the wholesale arrangement; the applicable maximum effective saving or other wholesale pricing; the number of chargeable and complimentary units in a promotional block; the minimum order quantity; maximum order quantities or rolling-period purchasing allowances; authorised identities; delivery requirements; the duration of the wholesale arrangement; and other account-specific commercial conditions. The applicable terms may be shown through the business account, wholesale ordering details, quote, checkout or other written communication from DateNight. Specific wholesale terms may be changed for future orders. A change will not retrospectively alter the commercial terms of an order that we have already accepted.
25.3 Wholesale pricing and complimentary units
A wholesale offer may consist of a reduced wholesale rate on chargeable units together with complimentary units earned when a complete promotional block is reached. Where this structure applies, complimentary units are awarded only for complete promotional blocks unless the applicable wholesale terms expressly state otherwise. Complimentary units form part of the goods supplied under the promotional order but do not have a separate cash value for wholesale pricing, cancellation, return, refund or credit calculations. Any units remaining above the last complete block remain chargeable at the applicable wholesale rate until the next complete block is reached. For that reason, a stated maximum or “up to” effective saving does not mean that every quantity ordered receives that exact effective percentage saving. A complete promotional block may reach the maximum effective saving while an order containing additional units above that block may produce a lower actual effective saving. The checkout will calculate the actual chargeable quantity, complimentary quantity, merchandise saving and amount payable for the order submitted. The applicable monetary amount shown at checkout is the amount payable for that order, subject to correction of an obvious pricing error before acceptance.
25.4 Recommended retail price and resale
A business customer purchasing genuine DateNight products for resale may determine the price at which it resells those products. Any RRP, suggested resale price or other resale-price information supplied by DateNight is a recommendation or reference point only. Nothing in these terms requires a business customer to sell DateNight at, above or below a specified resale price.
25.5 Wholesale quantity and stock controls
Wholesale purchasing may be subject to the controls described in Section 6 and the customer’s specific wholesale terms. These controls are intended, among other things, to manage availability fairly and prevent a single account or series of concurrent orders from consuming an unreasonable amount of available stock. Where a rolling purchasing allowance applies, quantities attributed to the business during the relevant rolling period may be taken into account when determining whether a further order can be placed. The website may also temporarily take account of quantities associated with active order or checkout reservations where reasonably necessary to prevent concurrent transactions from circumventing an applicable limit. If a proposed order would exceed an applicable allowance, we may refuse the order or require the quantity to be reduced before payment or acceptance.
25.6 Business cancellations and non-faulty returns
Business customers do not receive the statutory consumer change-of-mind cancellation right described in Section 13 merely because an order was placed online. Before we accept a business order, you may contact us through Support if you wish to withdraw or change it. Where we receive the request before acceptance and are able to stop fulfilment, any corresponding payment collected for goods that will not be supplied will be refunded. If the requested change alters the quantity, promotional-block entitlement, complimentary quantity, delivery calculation or another price input, the amended order will be recalculated using the wholesale terms applicable to the amended quantity before it is accepted. Once a business order has been accepted, a cancellation, quantity reduction or other change requested by the business is effective only if we agree to it. Where we agree to a change that alters the qualifying quantity, the revised order may be recalculated using the wholesale pricing and promotional structure applicable to the revised quantity. Once a business order has been accepted, non-faulty goods are not returnable merely because the business has changed its mind, over-ordered, no longer requires the stock or has been unable to resell it, unless: we expressly agreed a return right for that order; the applicable wholesale terms provide otherwise; or we agree to accept the return at our discretion. If we agree to a discretionary business return, we may impose reasonable conditions relating to timing, condition, packaging, return costs and any reasonable handling or restocking costs, provided those conditions are communicated when the return is agreed. Where a discretionary cancellation, reduction or return changes the quantity retained by the business, any refund or credit will be calculated by repricing the retained quantity as though that retained quantity had been ordered under the applicable wholesale pricing and promotional structure. Where the quantity retained is below the minimum order quantity applicable to the account, the retained quantity will be repriced at the wholesale rate applying to chargeable units, with no complimentary-unit entitlement. A minimum order quantity governs the placing of an order and does not prevent a retained quantity from being repriced under this section. The refund or credit will be the merchandise amount actually paid for the affected order, less the recalculated merchandise amount payable for the retained quantity, less any agreed return, handling, restocking or delivery costs. Delivery charges already incurred on a dispatched order are not refundable on a discretionary return. This means that a business customer cannot retain a promotional saving or complimentary-unit entitlement that depended on goods which it later elects to cancel or return. If the revised retained quantity would have earned fewer complimentary units, we may require the excess complimentary units to be returned in resaleable condition or take their loss of promotional entitlement into account when calculating the resulting refund or credit. For the avoidance of doubt, a discretionary refund or credit under this section is based on the actual wholesale transaction and the recalculated wholesale price of the retained quantity, not the recommended retail price of the goods. This section does not affect rights or remedies relating to faulty, damaged, incomplete, incorrect or misdescribed goods.
25.7 Faulty, damaged, incomplete or incorrect business orders
Business customers should inspect deliveries within a reasonable period after receipt. If an order arrives visibly damaged, materially incomplete or incorrect, please notify us through Support as soon as reasonably practicable and, where reasonably possible, within five business days of delivery. We may ask for reasonable information needed to investigate the issue, including: the order or invoice number; the affected quantities; a description of the problem; photographs or other evidence where relevant; and information from the packaging or delivery documentation. A failure to identify a problem within five business days does not remove any right or remedy that cannot lawfully be excluded, including in relation to a defect that could not reasonably have been discovered during an ordinary inspection. Where goods supplied to a business are faulty, materially damaged, materially incomplete, incorrect or otherwise fail to meet an applicable contractual or legal requirement, we will deal with the matter in accordance with the contract and applicable law. Complimentary units supplied as part of a wholesale promotional structure form part of the goods supplied for these purposes. Depending on the circumstances, an appropriate remedy may include replacement, repair, refund, credit or another remedy agreed between us or required by law. Where a refund or credit is appropriate because of a problem for which we are responsible, we will not use the removal of affected goods to retrospectively worsen the wholesale pricing of compliant goods that the business keeps, unless the parties agree otherwise as part of the remedy or applicable law requires a different result. Where the problem is our responsibility, we will bear reasonable return or collection costs where required by law or agreed as part of the remedy.
25.8 Business delivery and invoices
Business and wholesale customers may choose from the trade delivery options made available to them at checkout. Where carriage is priced per carton, the applicable number of cartons and the price of the selected service will be calculated and displayed before the order is submitted. The selected delivery service and applicable delivery charge form part of the pricing applicable to the order. If, after a business order has been accepted, we are unable to dispatch the full accepted quantity, we may contact the business to agree an appropriate solution, which may include completing the balance later, supplying the available quantity, substituting a remedy agreed with the business, or cancelling the affected unsupplied quantity and refunding the corresponding amount. Where a partial supply results from our inability to fulfil the accepted quantity rather than from a change requested by the business, we will not retrospectively worsen the wholesale pricing or promotional entitlement already earned on compliant goods supplied under the accepted order merely because the quantity we were able to dispatch was lower. Where the business itself requests a reduced quantity or partial cancellation, Section 25.6 applies and the revised quantity may be repriced under the applicable wholesale and promotional structure. Paid business orders may be issued with an invoice showing the commercial and tax information applicable to that transaction. Complimentary units and promotional pricing may be shown on an invoice, quote or other business transaction document in the manner required by the seller's applicable tax status and the relevant transaction. The issue of an invoice, payment receipt or order-received communication does not itself constitute acceptance of the order where Section 5 states that acceptance occurs on dispatch.
25.9 Business liability
For business customers only, and to the extent permitted by law: we are not liable for indirect or consequential loss; we are not liable for loss of profit, revenue, business, goodwill, opportunity or anticipated savings, whether direct or indirect; and our aggregate liability arising out of or in connection with an order, whether in contract, tort (including negligence), misrepresentation or otherwise, will not exceed the amount paid for that order. Nothing in these terms excludes or restricts liability where doing so would be unlawful, including liability for: death or personal injury caused by negligence; fraud or fraudulent misrepresentation; or any other liability which cannot legally be excluded or restricted. Any exclusion or limitation in these terms applies only to the extent that it is legally effective.
25.10 Business status
This section does not turn an ordinary consumer purchase into a business purchase merely because a customer happens to use their DateNight product at work, in a venue or in some other commercial setting. Whether a purchase is a business purchase depends on the capacity and purpose for which the customer is acting.
26. Events outside our reasonable control
We are not responsible for delay or failure caused by circumstances outside our reasonable control to the extent permitted by law. These may include serious transport disruption, carrier network disruption, strikes, natural events, infrastructure outages, government action, major cyber incidents or similar events. Where such an event affects an order, we will take reasonable steps appropriate to the circumstances. This clause does not remove statutory cancellation, refund or delivery rights.
27. Privacy
Our collection and use of personal information is governed by our Privacy Policy. Use of cookies and similar technologies is governed by our Cookie Policy. Those policies form part of the information provided about your use of the website but do not reduce any rights you have under data-protection law.
28. Complaints
If something has gone wrong, please contact us through the DateNight Support section, by email at support@datenightdeck.com, or by post at: DateNight 124 City Road London EC1V 2NX United Kingdom We will try to investigate and resolve complaints reasonably. You may also have rights to pursue a complaint or claim through applicable consumer-protection, alternative-dispute-resolution or court procedures. Nothing in these terms requires you to give up those rights.
29. Changes to these terms
We may update these terms from time to time, including because of: changes to our business; changes to the website or Game Vault; changes in law or regulation; security requirements; or changes to our products and services. Updated terms will apply to future use of the website from the date stated in them. The terms applicable to an order will generally be the version made available to you when you submitted that order, together with any specific terms incorporated into that order at that time. The fact that the contract may be formed later, including when we confirm dispatch under Section 5, does not mean that a later version of these terms will automatically replace the version on which your order was submitted. We will not use a later version of these terms to retrospectively remove contractual or statutory rights relating to an existing order.
30. Transfer of our rights
We may transfer or assign our rights or obligations under these terms to another person or entity, including as part of a sale, restructuring, incorporation or transfer of the DateNight business, provided that doing so does not reduce a consumer’s rights under the contract. You may transfer your rights where the law permits you to do so.
31. If part of these terms is invalid
Each clause operates separately. If a court or competent authority decides that part of these terms is unlawful or unenforceable, the remaining provisions will continue to apply.
32. No waiver
If we do not immediately enforce a right under these terms, that does not mean we have given up that right.
33. Entire agreement
For business customers, these terms, the specific business or wholesale terms made available for the relevant account or order, and any other specific terms incorporated into that order form the agreement relating to that order, subject to any separate written agreement. For consumers, nothing in this clause excludes information, statements or rights that applicable law treats as part of the contract.
34. Governing law
These terms and any contract between you and DateNight are governed by English law. If you are a consumer living elsewhere in the United Kingdom, this does not deprive you of mandatory protections available to you under the law applicable to you. The courts of England and Wales will have non-exclusive jurisdiction in relation to consumer disputes. If you live in Scotland or Northern Ireland, you may also be entitled to bring proceedings in the courts applicable where you live. For business customers, the courts of England and Wales have exclusive jurisdiction unless otherwise agreed in writing.
Schedule 1 — Model Cancellation Form
You may use this form if you wish to cancel an eligible distance-sale contract, but you are not required to use it.
To: DateNight 124 City Road London EC1V 2NX United Kingdom
I hereby give notice that I cancel my contract of sale for the following goods:
Product(s): ___________________________
Order number: _________________________
Ordered on: ___________________________
Received on: ___________________________
Name of consumer: _____________________
Address of consumer: __________________
Signature of consumer: __________________
(only if this form is submitted on paper) Date: _________________________________
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