Terms and Conditions
Between Koch Media Limited "Koch" and Customer
1. Conclusion of Contracts
The Customer's order constitutes a binding offer of contract. The contract is only concluded once the products have been delivered in accordance with the conditions denoted on the delivery note. Please check the order confirmation for any errors or deviations and inform us immediately of any discrepancies.
Only orders from Customers who are 18 years or older can be accepted. Orders made by minors or persons under guardianship are subject to the consent of a legal guardian.
2. Prices and Forwarding Charges
Unless other agreements are made, the following provisions apply: Consumer purchases: The prices indicated include the legal value-added tax (VAT).
An additional charge depending on delivery country shall be applied as published.
Delivery will be made to the delivery address specified.
The goods shall be delivered on the release date unless factors outside Koch's reasonable control prevent this from happening, in which case the Customer will be promptly notified assuming that Koch know of the delay once it has passed the goods to the courier.
UPDATE 04 May 2016: Please note: For any orders placed from 04 May 2016 onwards, we can no longer guarantee delivery for release day.
4. Terms of Payment
Payment of the goods is due immediately upon order confirmation and without deductions. Such payment to be made by credit or debit card. Customer is aware of the release date of the goods and their payment in advance constitutes an irrevocable commitment to purchase.
5. Retention of Title
The paid for goods shall be held once received to the Customer's account.
6. Liability for Defects
Should the goods be defective, the Customer has the right to demand rectification of the defect or delivery of defect-free goods. If the rectification of the defect is economically unacceptable for the supplier, a compensation delivery shall be made.
If no rectification or compensation takes place, the Customer may withdraw from the contract, thereby annulling it, or demand lowering of the price or damages. If the Customer withdraws from the contract, the right to demand damages no longer applies.
If the Customer chooses to demand damages, the goods remain with the Customer if acceptable. The damages are limited to the difference between the price and the actual value of the defective goods. This does not apply if the vendor has committed a fraudulent breach of contract. The burden of proof of the defect lies with the Customer.
Any further claims on the part of the Customer are barred unless otherwise stated in the following. Liability is limited in so far as such limitations are legally permissible, at least Koch is not liable for damages to any other than the delivered goods such as loss of profits or other financial losses on the part of the Customer. In the case of a negligent breach of essential clauses of the contract, liability is limited to the typically ensuing damages.
The limitation period is two years from the delivery of the goods to the Customer.
The Customer must submit a written complaint about damaged goods within twenty four hours of delivery. If the Customer does not do so, the rights of guarantee expire. Please request a return from our customer service team on firstname.lastname@example.org. The burden of proof of the time at which the defect was noted lies with the Customer.
7. Data Protection/Cookies
The personal data required in order to conclude the sales contract are supplied by the Customer. Koch will at all times act in accordance with its Privacy Statement.
Credit card information is transferred in SSL (Secure Socket Layer) encrypted form to a payment gateway directly connected to the credit card inspection authority. The data are verified online.
8. Applicability of Law
For Customers whose billing address is in England, Wales or Northern Ireland, then English law applies; for Customers whose billing address is in Scotland, Scottish Law applies; for Customers whose billing address is in Republic of Ireland, Irish Law applies; any other country within the EU Austrian law applies; the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
9. Severability Clause
Should one of these conditions be null and void, this will not affect the validity of the remaining conditions. An ineffective condition shall be replaced by one that fulfils the economically intended purpose of the condition that has become null and void as closely as possible.
10. General liability
Koch excludes all liability (whether in tort, contract or otherwise) to the fullest extent permitted by law, for any loss or damage that may result to you or a third party in connection with the use of this website, except where loss is caused by Koch's intent or fraud or that of its employees or agents.
In no circumstances will Koch be liable to you or any other third parties for any loss or damage (whether direct or indirect, including loss of profits, loss of opportunity or any consequential loss) resulting from or in any way connected with your use of the website or its content, whether caused by negligence, misrepresentation, breach of any statutory duty, or breach of contract or otherwise.
Koch does not seek to exclude liability for personal injury or for damage to health or death caused by its negligence or that of its employees or agents, or fraudulent misrepresentation. In particular, but without limitation, Koch shall not be liable for any loss, delay, alteration, manipulation and/or misdirection of e-mails and/or data in respect of the input, collection, transfer and/or transfer of the data which is caused by other data networks, in particular the Internet or www respectively, telephone lines and/or hardware or software of the subscriber and/or third party. This shall in particular also apply to faulty, incomplete, interrupted, deleted or defective data.
If, notwithstanding the provisions of this clause, Koch is held liable for loss or damage suffered by you, that liability is limited as follows:
The liability is limited to such damages as might typically be expected to occur as a result of the action causing the damage at the time that this agreement was concluded; the liability for loss of data is limited to the cost of recovery of the data that would have been incurred if a regular production of back-up copies appropriate to the risk involved had been made, unless you can prove that the loss of data would also have occurred if proper back-up copies had been made.
Koch has not approved or checked any third party sites linked to this site and is not responsible or liable in any way for their content. Your use of such third party sites will be subject to the terms and conditions of those sites, and is entirely at your own risk.
11. Intellectual Property Rights
Save as may be incidental to you obtaining authorised access to the content on this website, you must not reproduce, download, transmit or retransmit, manipulate or store on paper, electronic media (including, but not limited to any database or any part of the Internet), CD Rom or other offline product on any other format in whole or in part the design and layout of the website or the information or material published on the pages of it.
All content on this website, including articles, artwork, screen shots, graphics, logos, digital downloads and other files, is the property of Koch, unless owned by a third party and approved for use by Koch, and is protected by UK and international copyright, trademark and other intellectual property laws. Trademarks and copyrights for third-party games and characters are owned by the companies that market or license those products.
© Copyright Games Workshop Limited 2015. Warhammer, the Warhammer logo, GW, Games Workshop, The Game of Fantasy Battles, the twin-tailed comet logo, and all associated logos, illustrations, images, names, creatures, races, vehicles, locations, weapons, characters, and the distinctive likeness thereof, are either ® or TM, and/or © Games Workshop Limited, variably registered around the world, and used under licence. Developed by Creative Assembly and published by SEGA. Creative Assembly, the Creative Assembly logo, Total War and the Total War logo are either registered trademarks or trademarks of The Creative Assembly Limited. SEGA and the SEGA logo are either registered trademarks or trademarks of SEGA Holdings Co., Ltd. or its affiliates. All rights reserved. SEGA is registered in the U.S. Patent and Trademark Office. All other trademarks, logos and copyrights are property of their respective owners.