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ADVENTURER’S GUILD – TERMS AND CONDITIONS OF SALE

Who we are

We’re Adventurer’s Guild Limited trading as Mystery Dice Goblin.  Our company number is 15249437 and our registered office address is Stewarts Barn, Floodgates Farm Castle Lane, West Grinstead, Horsham, England, RH13 8LH.  In these terms, we refer to ourselves as ‘us’, ‘we’, ‘our’ or ‘MDG’. 

 Where to find information about us and our products

You can find everything you need to know about us, MDG, and our products on our websites or from our sales staff before you order. We also confirm the key information to you in writing before or after you order, either by email or on paper.

 We don't give business customers all the same rights as consumers

For example, business customers have different rights where there is a problem with a product and we don't compensate them in the same way for losses caused by us or our products. Where a term applies just to businesses or just to consumers, this is clearly stated. You are a business customer if you are buying products wholly or mainly for use in connection with your trade, business, craft or profession, even if you are an individual.

 When you buy from us you are agreeing that: 

·        We only accept orders when we've checked them.

·        Sometimes we reject orders.

·        We charge you when we accept your order.

·        We charge interest on late payments.

·        We pass on increases in VAT.

·        We're not responsible for delays outside our control.

·        Products can vary slightly from their pictures.

·        You're responsible for making sure your measurements are accurate.

·        We charge you if you don't give us information we need.

·        If you are a consumer and you bought online, or over the telephone, you have a legal right to change your mind plus the rights under our guarantee.

·        You can end an on-going contract (find out how).

·        You have rights if there is something wrong with your product.

·        We can change products and these terms.

·        We can suspend supply (and you have rights if we do).

·        We can withdraw products.

·        We can end our contract with you.

·        We don't compensate you for all losses caused by us or our products.

·        We use your personal data as set out in our Privacy Notice.

·        You have several options for resolving disputes with us.

·        Other important terms apply to our contract.

 

If you are a business customer this is our entire agreement with you

 If you are a business customer these terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on our behalf which is not set out in these terms and that you have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

 We only accept orders when we've received payment

 We only accept your order once payment has gone through.

 Sometimes we reject orders

 Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

 We charge you when you order

 However, for some products we take payment at regular intervals, as explained to you during the order process.  If you are a business customer and have been offered credit, then you will be charged in accordance with those credit terms agreed with you.

If you are a business customer you have no set-off right

If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

We charge interest on late payment

If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount

We pass on increases in VAT

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

We're not responsible for delays outside our control 

If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team:  Support@mysterydicegoblin.com to end the contract and receive a refund for any products you have paid for in advance, but not received. 

Products can vary slightly from their pictures 

A product's true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different.

 

If you are a consumer and you bought online, or over the telephone, you have a legal right to change your mind 

Your legal right to change your mind. For most of our products bought online, or over the telephone, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it. This is subject to some conditions, as set out below.  Your legal rights entitle you to a period of 14 days to change your mind. 

When you can't change your mind. You can't change your mind about an order for: 

·        products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

·        goods that are made to your specifications or are clearly personalised; and

·        goods which become mixed inseparably with other items after their delivery.

The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after the day we deliver your product. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery. 

How to let us know. To let us know you want to change your mind, contact our Customer Service Team: Support@mysterydicegoblin.com 

You have to return the product at your own cost. you have to return it to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the goods. You can send the product back to us, using an established delivery service. You should keep a receipt or other evidence from the delivery service that proves you have sent the product and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price. For help with returns, contact our Customer Service Team: Support@mysterydicegoblin.com 

We only refund standard delivery costs. We don't refund any extra you have paid for express delivery or delivery at a particular time. 

We reduce your refund if you have used or damaged a product. If you handle the product in a way which we deem as not acceptable, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the product-branded packaging is damaged, or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. 

When and how we refund you. We refund you within 14 days of receiving goods back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund. 

You have rights if there is something wrong with your product 

Return the product to us. If you think there is something wrong with your product, you must contact our Customer Service Team: Support@mysterydicegoblin.com 

Your rights and remedies if you are a consumer. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.citizensadvice.org.uk. Remember too that you have several options for resolving disputes with us. 

Summary of your key legal rights

If your product is goods, for example the products sold by us, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

Up to 30 days: if your goods are faulty, then you can get a refund.

Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

 

 

Your rights if you are a business. We give business customers a period of 90 days from the date of delivery in which to change your mind, so long as the products are in a saleable condition and have not been used in any way.  You must also pay the cost of any return. 

We warrant that on delivery any products which are goods shall: 

·        conform in all material respects with their description and any relevant specification;

·        be free from material defects in design, material and workmanship;

·        be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

·        be fit for any purpose held out by us.

Your remedies if you are a business. Unless an exception applies (see Exceptions to business customers' warranty) if: 

·        you give us notice in writing within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a consumer);

·        we are given a reasonable opportunity of examining such product; and

·        you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us. 

Exceptions to business customers' warranty. We will not be liable for a product's failure to comply with the business customer warranty (see Your rights if you are a business) if: 

·        you make any further use of such product after telling us it is non-compliant;

·        the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;

·        the defect arises because we followed any drawing, design or specification supplied by you;

·        you alter or repair the product without our written consent; or

·        the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.

We can change products and these terms 

Changes we can always make. We can always change a product: 

·        to reflect changes in relevant laws and regulatory requirements; and/or

·        to make minor technical adjustments and improvements. These are changes that don't affect your use of the product.

We can suspend supply (and you have rights if we do) 

We can suspend the supply of a product. We do this to: 

·        deal with technical problems or make minor technical changes;

·        update the product to reflect changes in relevant laws and regulatory requirements; or

·        make changes to the product (see We can change products and these terms).

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the product, we adjust the price so you don't pay for it while its suspended. If we suspend supply, or tell you we're going to suspend supply, we'll refund any sums you've paid in advance for products you won't receive. 

We can end our contract with you 

We can end our contract with you for a product and claim any compensation due to us (including enforcement costs) if: 

·        you don't make any payment to us when it's due and you still don't make payment within 7 days of our reminding you that payment is due;

·        you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product;

·        you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us.

We don't compensate you for all losses caused by us or our products

Our liability to consumers. We're responsible for losses you suffer caused by us breaking this contract unless the loss is: 

·        Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

·        Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control.

·        Avoidable. Something you could have avoided by taking reasonable action.

·        A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Your rights if you are a business.

Our liability to businesses. If you're a business, then, except in respect of the losses described in Losses we never limit or exclude: 

·        we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

·        our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for: 

·        death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);

·        fraud or fraudulent misrepresentation;

·        breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

·        defective products under the Consumer Protection Act 1987; or

·        any matter in respect of which it would be unlawful for us to exclude or restrict liability.

No implied terms about goods. Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982. 

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice: Privacy Policy 

You have several options for resolving disputes with us 

Complaints. Our Customer Service Team: Support@mysterydicegoblin.com  will do their best to resolve any problems you have with us. 

Resolving disputes without going to court (consumers only). Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to an ADR entity. 

You can go to court. These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts. 

Other important terms apply to our contract 

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and if you are a consumer we'll ensure that the transfer won't affect your rights under the contract. 

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it. 

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply. 

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later. 

SUBSCRIPTION TERMS 

If you subscribe to one of our Monthly Dice Subscription Boxes, the following additional terms will apply. 

In this Subscription section, the following words in bold have the meanings given to them below. 

Box” means the physical products supplied by us as part of the Subscription in a given billing cycle. 

Billing Date” means the date in each billing cycle on which your payment method is charged for the next Box, as stated to you during the order process or in your account. 

Cutoff Date means the last date by which changes to your Subscription (including cancellation, address or payment changes) must be made to take effect for the next Box, as stated to you during the order process or in your account. 

“Date” means the date in each billing cycle on which your payment method is charged for the next Box, as stated to you during the order process or in your account. 

Subscription” means a recurring supply arrangement for physical products offered by us, including any monthly dice subscription boxes or similar recurring product offerings. 

Contract Formation. Your Subscription order is an offer to buy Boxes on a recurring basis. We accept your order, and a Subscription contract is formed, when we confirm acceptance in writing or charge your payment method for the first Box, whichever happens first. Your Subscription starts on acceptance and continues on a rolling basis until ended by you or us in accordance with these terms. 

Billing and payment. You authorise us to take recurring payments for each Box using the payment method you provide. Unless we tell you otherwise, you will be charged on or shortly after each Billing Date for the Box to be dispatched in the following cycle. If a payment fails, we may retry your payment method and/or ask you to update your details. If we cannot collect payment within a reasonable time, we may suspend or cancel your Subscription and will not dispatch any Box not already paid for. Any price for the Subscription will be as displayed to you at the time of order, inclusive of VAT where applicable, and may be varied in accordance with clause 6. 

Delivery and risk. We will deliver each Box to the most recent delivery address in your account or as otherwise agreed with you. Delivery dates are estimates; we will take reasonable steps to deliver each Box within the relevant cycle. 

Coolingoff rights for consumers. If you are a consumer and you buy a Subscription online or by telephone, you have a legal right to change your mind within 14 days after the day you receive your first Box and receive a refund, subject to the conditions set out in these terms. If you exercise this right, you must return that Box to us (if already received) at your cost unless we offered free returns, and we will refund you in accordance with the section “If you are a consumer and you bought online, or over the telephone, you have a legal right to change your mind”. 

Pausing, skipping or changing your Subscription. If and to the extent we make these options available, you may pause, skip a cycle or change your Subscription tier or frequency through your account. Any such change must be made before the Cutoff Date to take effect for the next Box. If a change results in a different price, we will charge the new price from the next applicable Billing Date. 

Cancellation by you. You may cancel your Subscription at any time via your account or by contacting our Customer Service Team. To avoid being charged for the next Box, you must cancel before the Cutoff Date. If you cancel after the Cutoff Date, you will be charged for, and we will deliver, the next Box, and your cancellation will take effect after that. Subject to your legal coolingoff rights, we do not provide refunds for Boxes already dispatched or for any portion of a billing cycle remaining at the time of cancellation. 

Suspension or cancellation by us. We may suspend or cancel your Subscription on reasonable notice if: payment is not successfully collected; the Subscription product is withdrawn; we reasonably suspect fraud or misuse; or we are prevented from supplying by events outside our control. Where we cancel for reasons other than your breach, we will refund any sums paid in advance for Boxes not dispatched. 

Faulty or misdescribed products. Your legal rights in relation to faulty or misdescribed goods apply to each Box delivered under a Subscription. If you think there is something wrong with a product in your Box, please contact our Customer Service Team. Our goodwill guarantee for consumers, if stated to apply, will apply to eligible products in Boxes in the same way as for other products, subject to any exclusions we specify. 

Promotions and gifts. Any free gifts, promotional items or discounts offered with a Subscription are subject to availability and the specific promotional terms we notify to you. Unless stated otherwise, promotional items are conditional on the associated Subscription continuing to the relevant Billing Date; if you cancel before then, we may cancel the promotional item or require its return. 

Your responsibilities. You are responsible for ensuring your contact, delivery and payment details are kept up to date and for making any changes before the Cutoff Date. If a Box is returned to us because of incorrect or incomplete address details provided by you, we may charge you for redelivery or treat the Box as cancelled by you after the Cutoff Date with no refund. 

Reminder Notices Before Renewal Charges.

We will send reminder notices to help you avoid unwanted charges.

Reminder notices will be given every three months where we will remind you about your Subscription and Billing Date, including reminders of how to cancel your Subscription. 

Applicability of main terms. These Subscription terms apply in addition to, and form part of, our Terms and Conditions of Sale. If there is any conflict between these Subscription terms and the rest of our Terms and Conditions of Sale, these Subscription terms will take precedence in relation to the Subscription.