Terms & Conditions of Sale

Last updated: 16 July 2026

1. About these terms

These Terms and Conditions of Sale apply when Blue Donut Studios Limited sells physical goods, digital content or related products:

• through BlueDonutGames.com;

• by email;

• by telephone;

• through an invoice or written quotation;

• through a Trade account;

• at an exhibition, convention, market, retail event or show;

• through another direct sales channel operated by us; or

• through a payment link or order form issued by us.

Please read these terms before placing an order.

Different legal rights apply depending on whether you are buying as a Consumer or as a Trade Customer. The sections applying specifically to Consumers and Trade Customers are clearly identified.

Nothing in these terms limits any legal rights that cannot lawfully be limited or excluded.

2. Who we are

Blue Donut Games is a trading name of Blue Donut Studios Limited.

In these terms, “Blue Donut Games”, “we”, “us” and “our” mean Blue Donut Studios Limited.

Company name: Blue Donut Studios Limited
Company number: 09592070
Registered office: 8 Spur Road, Cosham, Portsmouth, England, PO6 3EB
UK VAT number: GB354610022
EU VAT identification number: NL828007408B01
Email: info@bluedonutstudios.com
Website: BlueDonutGames.com

Blue Donut Studios Limited is registered in England and Wales.

The registered office is an address for formal correspondence. Goods must not be returned there unless we have specifically instructed you to use that address.

3. Definitions

In these terms:

Consumer means an individual acting wholly or mainly for purposes outside that individual’s trade, business, craft or profession.

Trade Customer means a person, company, partnership, retailer, distributor, club, organisation or other entity purchasing wholly or mainly for business, resale, professional, commercial or organisational purposes.

Customer, “you” and “your” mean the person or organisation placing the order.

Goods means physical products sold by us, including board games, card games, expansions, accessories, components, promotional items, printed materials and merchandise.

Digital Content means data produced and supplied in digital form, including downloadable rules, artwork, print-and-play files, electronic books, game files, software, audio, video and other paid digital material.

Order Confirmation means our written confirmation that we have accepted an order.

Pre-order means an order for a product that has not yet been released or is not currently ready for dispatch.

Forward Order means a Trade order placed for future manufacture, production, release or delivery.

Business Day means a day other than a Saturday, Sunday or public holiday in England.

4. Which terms apply

These terms apply alongside:

• the product description;

• the price and delivery information shown before purchase;

• any written quotation or invoice;

• any specific licence supplied with Digital Content;

• any agreed Trade discount, credit or payment terms;

• our Website Terms and Conditions of Use;

• our Privacy Notice; and

• our Cookie Policy.

Where we provide separate written terms for a particular product, quotation, promotion, wholesale arrangement or manufacturing order, those specific terms take priority to the extent of any inconsistency.

Any terms submitted by a Trade Customer in a purchase order, procurement portal, email, supplier onboarding document or other communication will not apply unless we expressly agree to them in writing.

5. Consumer and Trade status

You must tell us if you are purchasing as a Trade Customer.

An order will normally be treated as a Trade purchase where:

• it is placed through an approved Trade account;

• Trade pricing or a Trade discount is applied;

• the goods are purchased for resale;

• the invoice is addressed to a company or organisation;

• a VAT, company or EORI number is supplied;

• business credit terms are used;

• the quantity or circumstances indicate a commercial purchase; or

• you tell us that the purchase is for business purposes.

Using a personal name or personal payment card does not make a business purchase a Consumer purchase.

A Consumer does not lose statutory consumer rights merely because an invoice includes a business name where the purchase was made wholly or mainly for personal purposes.

6. Product information

We take reasonable care to describe products accurately.

Product images, illustrations and videos are provided to help identify and explain the product. Colours and appearance may vary because of:

• screen settings;

• lighting;

• printing and manufacturing tolerances;

• natural variation in materials;

• minor production changes; or

• improvements made between production runs.

Unless a particular measurement is stated to be exact, dimensions, weights and component measurements are approximate.

Packaging, artwork, component finish and non-essential specifications may change without notice where the change does not materially reduce the product’s quality, function or value.

The contents and specification shown in the accepted order or product description will form part of the contract.

7. Handmade, prototype and display products

Some products may be identified as:

• handmade;

• hand-finished;

• prototype;

• pre-production;

• ex-display;

• sample;

• seconds;

• damaged packaging; or

• clearance stock.

These products may have variations or disclosed imperfections.

Where a particular fault or imperfection is clearly disclosed before purchase, it will not by itself make the product faulty. This does not affect rights relating to any different, undisclosed fault.

Prototype and pre-production products may differ from a later commercial edition and may not have final packaging, artwork, rules or component quality.

8. How to place an order

Orders may be placed:

• through the website checkout;

• through an approved Trade account;

• by accepting a written quotation;

• by email;

• by telephone;

• through an invoice or payment link;

• through an order form; or

• in person at a show or event.

You are responsible for checking the products, quantities, delivery details, billing information and price before submitting the order.

Please tell us promptly if you discover an error.

9. When a contract is formed

Website orders

Submitting a website order is an offer to purchase from us.

An automated receipt or payment-authorisation message confirms that we have received the order. It does not necessarily mean that we have accepted it.

We accept a website order when we send an Order Confirmation or dispatch confirmation, provide access to the Digital Content, or otherwise expressly confirm acceptance.

Email, telephone and direct orders

A quotation is an invitation to place an order unless it expressly states otherwise.

A contract is formed when we confirm in writing that we accept the order, issue an accepted order confirmation, take agreed payment and confirm acceptance, or dispatch the goods.

Issuing a draft invoice or pro-forma invoice does not by itself require us to accept an order.

Show and event purchases

For goods bought and taken away from our stand, the contract is normally formed when we accept payment and hand the goods to you.

For goods ordered at a show for later delivery, the contract is formed when we accept the order and provide a receipt, order confirmation or other durable record of the agreement.

10. Our right to refuse or cancel an order

We may refuse or cancel an order before it has been accepted where:

• the product is unavailable;

• the price or description contains a material error;

• payment cannot be authorised;

• delivery is not available to the address supplied;

• legal or regulatory restrictions apply;

• we reasonably suspect fraud, misuse or unauthorised resale;

• a Trade account is suspended or exceeds its credit limit;

• the order exceeds available production or stock capacity;

• we cannot reasonably complete the order; or

• accepting it would expose us or another person to legal, financial or security risk.

If we cancel an order after taking payment but before supply, we will refund the relevant amount.

We will not cancel an accepted Consumer order merely because we later decide that the agreed price was commercially inconvenient. This does not prevent us from correcting a clear and obvious pricing error before supply where a reasonable person would have recognised that the price could not be correct.

11. Availability

Products are subject to availability.

Placing an item in a basket does not reserve it.

Stock information may occasionally be inaccurate because:

• stock is sold through more than one channel;

• several customers order at the same time;

• stock is damaged or found to be incomplete;

• inventory information has not yet updated; or

• a supplier or manufacturer changes availability.

Where part of an order is unavailable, we may ask whether you would prefer:

• the available products to be supplied;

• a substitute product;

• the order to remain open;

• the unavailable item to be cancelled; or

• the whole order to be cancelled.

We will not substitute a materially different product without your agreement.

12. Prices

Consumer prices

Prices presented to Consumers will include UK VAT where VAT is applicable, unless the page clearly states otherwise.

Delivery charges and any other unavoidable charges will be shown before the Consumer commits to payment.

Trade prices

Trade prices are normally stated exclusive of VAT unless expressly stated otherwise.

VAT, delivery, insurance, export documentation, customs charges and other applicable costs may be added to the quoted Trade price.

General pricing

Prices may change at any time, but a price change will not normally affect an order we have already accepted.

Discount codes, account discounts, quantity breaks, special prices and promotional offers:

• apply only where their stated conditions are met;

• cannot be exchanged for cash;

• may not be combined unless we permit it;

• may be withdrawn before an order is accepted;

• may be limited by product, quantity, territory or account; and

• must not be reproduced, transferred or used fraudulently.

13. VAT, duties and taxes

UK VAT will be charged where required by law.

For international orders, the treatment of VAT, import VAT, customs duties and local taxes depends on the destination, order value, customer status and delivery arrangement.

Unless we expressly state that duties and taxes are included, the Customer is responsible for:

• import VAT;

• customs duties;

• clearance charges;

• local taxes;

• customs brokerage charges; and

• any other destination-country fees.

These amounts are imposed by external authorities or carriers and are not controlled by Blue Donut Games.

A Customer purchasing for business purposes is responsible for supplying accurate VAT, EORI, tax-exemption and business information.

We may correct the tax treatment of an order where information supplied by the Customer is inaccurate or incomplete.

14. Payment

We may accept payment through:

• Stripe;

• payment card;

• bank transfer;

• payment link;

• approved Trade credit;

• cash at a show;

• another payment method expressly agreed by us.

Available payment methods may vary by order, location and sales channel.

Unless Trade credit has been approved, payment must be received in cleared funds before dispatch or supply.

You confirm that you are authorised to use the payment method provided.

Payment authorisation may be subject to fraud-prevention, identity and card-security checks performed by us, Stripe, the card issuer or another payment provider.

We do not store your complete card number or card security code.

15. Payment security and chargebacks

Please contact us promptly if you believe:

• a payment is incorrect;

• an order has not arrived;

• a refund is outstanding;

• goods are faulty; or

• Digital Content cannot be accessed.

Nothing prevents a Consumer from exercising lawful rights through a card provider.

However, knowingly making a false chargeback, denying an authorised transaction, or retaining goods after obtaining an improper reversal may amount to fraud or a breach of contract.

We may provide order, delivery and communication records to a bank, payment provider, insurer, court or relevant authority when investigating a payment dispute.

16. Delivery areas

Available delivery destinations will be shown through the website or agreed when the order is placed.

We may decline delivery to:

• a country subject to legal or trade restrictions;

• an address that a carrier will not service;

• a PO box where tracked physical delivery is required;

• an address presenting an unreasonable fraud or loss risk; or

• a destination where the cost or administration is disproportionate to the order.

International delivery availability does not mean that every product can lawfully be imported into every country.

The Customer is responsible for checking local import restrictions where appropriate.

17. Delivery times

Any delivery date is an estimate unless we expressly agree in writing that it is guaranteed.

Consumers

We will deliver Consumer goods without undue delay and normally within 30 days after the contract is formed, unless:

• a different delivery period is stated before purchase;

• the product is a Pre-order;

• the product is made to order;

• the Consumer agrees to a different date; or

• circumstances outside our reasonable control cause delay.

Where Consumer goods are not delivered within the agreed time, the Consumer has the legal remedies applicable to delayed delivery.

Trade Customers

Delivery dates for Trade orders are estimates unless expressly agreed in writing as a fixed contractual deadline.

Time for delivery is not of the essence for a Trade order unless we expressly agree otherwise.

We will keep the Trade Customer reasonably informed of a material known delay.

18. Dispatch and partial delivery

We may dispatch an order in more than one parcel where reasonably necessary.

Consumers will not be charged additional delivery costs merely because we choose to split a shipment.

For Trade orders, we may invoice and receive payment for each instalment or delivery separately where this has been agreed or is reasonably required by the order.

A delay or issue affecting one Trade instalment does not automatically entitle the Trade Customer to cancel unaffected instalments.

19. Delivery information

You must provide a complete and accurate delivery address.

We are not responsible for delay or loss caused by incorrect delivery information supplied by the Customer.

Where possible, contact us before dispatch if an address needs to be changed.

Changing an address after dispatch may not be possible and may incur additional carrier costs.

A delivery may be made to:

• the named recipient;

• another person at the address;

• a reception desk;

• a designated safe place;

• a collection point; or

• another location authorised by the Customer or carrier arrangement.

20. Failed delivery

If delivery cannot be completed because:

• nobody is available;

• access is not possible;

• the address is incorrect;

• the Customer refuses delivery without lawful reason;

• the parcel is not collected; or

• required customs charges are not paid,

the parcel may be returned to us.

We may charge a Trade Customer the reasonable costs of storage, return and redelivery.

For Consumers, any deduction or additional charge will be limited to costs that the law permits us to recover and which arise from the Consumer’s action or failure to act.

Where an international order is returned because the Customer refused to pay disclosed import charges, we may deduct unavoidable carrier, customs and return costs from any refund to the extent permitted by law.

21. Risk in Consumer goods

Goods supplied to a Consumer remain at our risk until they come into the physical possession of:

• the Consumer; or

• a person identified by the Consumer to receive them.

If the Consumer independently appoints a carrier that we did not offer as a delivery option, risk may pass when the goods are delivered to that carrier.

22. Risk in Trade goods

Risk in goods supplied to a Trade Customer passes:

• on delivery to the agreed delivery address;

• on collection by the Trade Customer;

• on delivery to a carrier appointed independently by the Trade Customer; or

• at another point expressly stated in the accepted order.

After risk passes, the Trade Customer is responsible for loss, damage, storage and insurance.

23. Ownership of Consumer goods

Ownership of goods supplied to a Consumer passes when:

• we have received full payment; and

• the goods have been delivered or collected.

This does not alter the statutory rules governing when risk passes.

24. Retention of title for Trade goods

Goods supplied to a Trade Customer remain our property until we have received in cleared funds all amounts due to us for:

• those goods; and

• any other goods supplied under the same accepted order.

Until ownership passes, the Trade Customer must:

• keep the goods identifiable as goods supplied by Blue Donut Games;

• store them safely and appropriately;

• not remove product identification unnecessarily;

• maintain appropriate insurance;

• not pledge or charge them as security; and

• notify us promptly if insolvency, administration, liquidation or a similar event is threatened.

A Trade Customer may resell the goods in the ordinary course of business before ownership passes, but does so as principal and not as our agent.

The right to resell ends immediately if:

• payment becomes materially overdue;

• the Trade account is suspended;

• an insolvency event occurs; or

• we terminate the relevant contract lawfully.

Where legally permitted, we may require unpaid goods still owned by us to be identified, separated and made available for collection.

This clause does not permit us to enter premises without lawful authority.

25. Pre-orders

The release, production and delivery dates for Pre-orders are estimates.

Dates may change because of:

• manufacturing;

• freight;

• customs;

• component availability;

• licensing;

• production quality;

• artwork or approval;

• safety or compliance checks; or

• circumstances outside our reasonable control.

We will provide updated information where a material delay becomes known.

A Consumer may cancel a standard Pre-order for a full refund at any time before dispatch unless:

• the product is personalised or made to the Consumer’s specification;

• another statutory exception applies; or

• manufacture of a bespoke item has begun with the Consumer’s agreement.

If a Consumer Pre-order is materially delayed, the Consumer may cancel and receive a refund.

Trade Forward Orders are governed by section 26.

26. Trade Forward Orders and special production orders

A Forward Order may be used to reserve stock, establish a production quantity or support a manufacturing run.

Once accepted, a Forward Order is binding and cannot be cancelled or reduced without our written agreement.

We may require:

• a deposit;

• staged payments;

• payment before manufacture;

• payment before dispatch;

• a minimum order quantity; or

• a non-cancellable production commitment.

Any deposit or cancellation charge will reflect the nature of the order, committed production, non-recoverable costs and reasonably anticipated loss. It is not intended to operate as a penalty.

If we agree to cancellation, the Trade Customer will remain responsible for reasonable costs already incurred or irrevocably committed.

Estimated production quantities may be subject to reasonable manufacturing tolerances. Any permitted tolerance will be explained in the quotation or accepted order where relevant.

27. Products made to order or personalised

Orders for personalised, customised, specially printed, specially assembled or made-to-order products may not be cancellable once work or committed production has begun.

This includes products manufactured to:

• a Customer’s specification;

• a Customer’s artwork;

• a Customer’s selected configuration;

• a non-standard quantity;

• a bespoke language or component requirement; or

• another individual requirement.

We will explain any applicable deposit, approval, production and cancellation conditions before accepting the order.

A Consumer’s statutory right to cancel a distance or off-premises contract may not apply to goods made to the Consumer’s specifications or clearly personalised.

This does not affect rights where customised goods are faulty, not as described or do not conform to the agreed specification.

28. Artwork and production approval

Where a Customer must approve artwork, proofs, specifications or production details, the Customer is responsible for checking:

• spelling;

• names;

• quantities;

• colours;

• dimensions;

• component lists;

• legal notices;

• barcodes;

• trademarks;

• addresses; and

• other supplied information.

Approval authorises us to proceed on the basis of the approved material.

We are not responsible for an error that appeared clearly in approved material supplied or approved by the Customer, unless we introduced a different error after approval.

This section does not apply to ordinary retail products that do not require Customer approval.

29. Consumer right to cancel distance purchases

This section applies to Consumers who purchase standard goods at a distance, including through the website, email or telephone.

A Consumer normally has the right to cancel the contract without giving a reason from the date the contract is formed until 14 days after:

• the day the Consumer, or a person nominated by the Consumer, receives the goods;

• the day the last item is received where one order contains several items delivered separately; or

• the day the last instalment is received where goods are delivered in regular instalments.

To cancel, the Consumer must make a clear statement that they wish to cancel.

The Consumer may:

• email info@bluedonutstudios.com;

• write to our registered office;

• use any returns or cancellation function provided with the order; or

• use the model cancellation form at the end of these terms.

The model form is optional. No particular wording is required, provided the decision to cancel is clear.

30. Returning goods after Consumer cancellation

After cancelling, the Consumer must return the goods within 14 days.

Before sending goods, please contact us for the correct returns address and instructions. Do not send goods to our registered office unless instructed.

Unless we agree to collect the goods, the Consumer is responsible for the direct cost of returning unwanted goods.

The Consumer should:

• package the goods securely;

• include sufficient order information;

• obtain evidence of posting; and

• use a suitable delivery service.

The Consumer is responsible only for any reduction in value caused by handling beyond what would reasonably be permitted when examining the product in a shop.

Opening external delivery packaging to inspect the product does not automatically remove the cancellation right.

Using game components, punching components, removing protective films, writing on materials, registering single-use codes, damaging packaging forming part of the product, or otherwise using the product beyond reasonable inspection may reduce the refund where that handling diminishes its value.

31. Consumer cancellation refunds

Where a Consumer lawfully cancels a distance or off-premises purchase, we will refund:

• the price paid for the cancelled goods; and

• the cost of our least expensive standard delivery option, where delivery was charged.

We do not have to refund the additional difference where the Consumer selected an enhanced or more expensive delivery method.

We will make the refund without undue delay and no later than 14 days after:

• receiving the returned goods; or

• receiving evidence that the Consumer has sent them back,

whichever occurs first.

We may withhold the refund until one of those events occurs.

The refund will normally be made using the original payment method unless the Consumer expressly agrees otherwise.

32. Exceptions to Consumer cancellation rights

The statutory change-of-mind cancellation right may not apply to:

• personalised goods;

• goods made to the Consumer’s specification;

• goods that become inseparably mixed with other items after delivery;

• sealed audio, video or computer software that has been unsealed;

• Digital Content supplied without a tangible medium after supply has begun with the required express consent and acknowledgement;

• goods likely to deteriorate or expire rapidly;

• newspapers, periodicals or magazines other than subscriptions;

• goods sold through certain auctions; or

• another product or contract exempted by law.

The absence of a change-of-mind cancellation right does not affect rights where goods or Digital Content are faulty, misdescribed or otherwise fail to conform to the contract.

33. Purchases made in person at shows

A Consumer who buys goods in person and takes them away from our stand does not normally have a statutory right to return them merely because they have changed their mind.

We may offer a voluntary returns or exchange policy at a particular event. Any such policy will be explained at the stand or on the receipt.

Consumer rights remain available where goods are:

• faulty;

• not as described;

• not fit for their normal purpose; or

• otherwise not in conformity with the contract.

Where a contract made in connection with a show is legally classified as an off-premises contract, the cancellation rights required by law will apply.

For example, different rules may apply where an order is personally negotiated away from our stand or another place treated as our business premises.

34. Faulty Consumer goods

We are under a legal duty to supply Consumer goods that:

• are of satisfactory quality;

• are fit for their normal purpose;

• are fit for a particular purpose made known to and accepted by us;

• match their description;

• match any agreed sample or model; and

• are supplied with the right to sell them.

A Consumer may normally exercise the short-term right to reject faulty goods within 30 days of delivery.

After the short-term right to reject has ended, the Consumer may generally require repair or replacement, subject to the requirements and limits imposed by law.

Where repair or replacement is impossible, disproportionate, unsuccessful, not completed within a reasonable time, or causes significant inconvenience, the Consumer may be entitled to:

• a price reduction; or

• a final right to reject the goods.

Nothing in these terms replaces or reduces those statutory rights.

35. Reporting damaged, incomplete or faulty Consumer goods

Please contact us as soon as reasonably possible if Consumer goods arrive:

• damaged;

• incomplete;

• incorrect;

• faulty; or

• materially different from their description.

We may ask for:

• the order number;

• a description of the problem;

• photographs;

• details from the packaging;

• batch or production information; and

• confirmation of the components affected.

These requests help us investigate and do not remove statutory rights.

Where goods are validly rejected because they do not conform to the contract, we will bear reasonable return costs as required by law.

A missing or damaged component does not always require the whole game to be returned where a prompt replacement component provides an appropriate remedy and the Customer agrees or the law permits it.

36. Consumer proof of purchase

We may ask for reasonable proof that the product was purchased from us.

Proof may include:

• an order confirmation;

• receipt;

• invoice;

• payment record;

• confirmation email; or

• other reliable evidence.

A paper receipt is not the only acceptable proof of purchase.

Products purchased from another retailer should normally be returned to that retailer because the Consumer’s sale contract is with that retailer.

This does not prevent us from providing manufacturer support or replacement components voluntarily.

37. Trade inspection and claims

A Trade Customer must inspect goods promptly after delivery.

The Trade Customer should notify us in writing:

• of visible transit damage, shortages or incorrect items within five Business Days of delivery; and

• of a latent defect within five Business Days after the defect was discovered or reasonably should have been discovered.

The notice should include reasonable details and supporting photographs where available.

Failure to report visible damage or shortages promptly may make it more difficult to establish whether the issue occurred before risk passed.

This section does not exclude a valid claim for a defect that could not reasonably have been discovered during the initial inspection.

The Trade Customer must retain packaging and affected goods where reasonably required for carrier or quality investigation.

38. Trade remedies

Where Trade goods materially fail to conform to the accepted order because of a defect for which we are responsible, we may, at our option:

• replace the affected goods;

• repair them;

• supply missing components;

• issue a credit;

• refund the price of the affected goods; or

• agree another reasonable remedy.

The Trade Customer must not return goods without prior authorisation.

We are not responsible for a defect caused by:

• normal wear;

• improper storage;

• water, heat or environmental damage after risk passed;

• misuse;

• unauthorised modification;

• failure to follow instructions;

• damage caused by the Trade Customer’s carrier;

• continued use after a defect became apparent;

• a disclosed imperfection;

• artwork or specifications supplied or approved by the Trade Customer; or

• circumstances outside our reasonable control.

39. Trade change-of-mind returns

Trade Customers do not have a general right to cancel or return goods because:

• demand has changed;

• the goods have not sold;

• the Trade Customer ordered too much stock;

• the Trade Customer no longer wants the goods;

• the Trade Customer’s customer cancelled;

• market prices have changed; or

• the goods can be obtained elsewhere.

Any Trade return requires our prior written agreement.

If we agree to accept non-faulty Trade goods, we may impose reasonable conditions, including:

• that the goods are unopened and resaleable;

• return within an agreed period;

• payment of return delivery;

• deduction of original delivery costs;

• a handling or restocking charge reflecting our actual costs; and

• exclusion of customised, clearance or Forward Order stock.

40. Paid Digital Content

Paid Digital Content will be supplied:

• by download link;

• through an account;

• by email;

• through a third-party delivery platform; or

• in another way described before purchase.

The product description will identify, where relevant:

• file type;

• approximate file size;

• language;

• compatibility;

• required software;

• applicable technical restrictions;

• permitted uses; and

• any access period.

You are responsible for checking compatibility information before purchase.

We are not responsible where Digital Content is incompatible solely because the Customer did not meet clearly stated minimum requirements.

41. Consumer cancellation of Digital Content

A Consumer normally has a 14-day cancellation period for Digital Content not supplied on a tangible medium.

However, we may begin supplying the Digital Content during that period only where the Consumer:

• expressly requests or consents to supply beginning immediately; and

• acknowledges that the right to cancel will be lost once supply begins.

Where those requirements are satisfied and the download, access or supply begins, the Consumer loses the statutory change-of-mind cancellation right for that Digital Content.

The website checkout or direct order process may therefore require the Consumer to confirm:

I expressly consent to the immediate supply of the Digital Content and understand that I will lose my 14-day right to cancel once the download or access begins.

That confirmation will be included in or recorded with the Order Confirmation.

Where the Consumer does not provide the required consent and acknowledgement, we may delay supply until the cancellation period has ended.

This section does not affect rights where the Digital Content is faulty or does not conform to the contract.

42. Digital Content quality and remedies

Digital Content supplied to a Consumer must:

• be of satisfactory quality;

• be fit for its normal purpose;

• be fit for an agreed particular purpose;

• match its description; and

• be supplied by a person entitled to supply it.

Where paid Digital Content does not conform to the contract, the Consumer may be entitled to repair or replacement.

Where repair or replacement is impossible, disproportionate, unsuccessful or not completed within a reasonable time and without significant inconvenience, the Consumer may be entitled to a price reduction.

A Consumer may also have rights where Digital Content supplied by us damages the Consumer’s device or other digital content and the damage results from our failure to exercise reasonable care and skill.

43. Digital Content licence

Unless a different licence is supplied with the product, paid Digital Content is licensed rather than sold.

We grant the Customer a limited, non-exclusive, non-transferable licence to use the Digital Content for the purpose stated in its product description.

For ordinary Consumer Digital Content, that licence is for personal and non-commercial use.

The Customer must not, unless expressly permitted:

• sell or redistribute the file;

• upload it to a file-sharing service;

• make it publicly available;

• share a single-user download with others;

• remove copyright or ownership notices;

• use it to manufacture goods for sale;

• create and distribute a competing or derivative commercial product;

• extract artwork or components for unrelated use;

• bypass technical protections;

• reverse engineer software except where the law expressly permits it; or

• use it to train or operate an artificial intelligence system.

A Trade Customer requires an express commercial licence to reproduce, distribute or commercially exploit Digital Content.

Purchasing a Digital Content file does not transfer copyright, trade marks or other intellectual-property ownership.

44. Download access and backups

The Customer should download and securely retain purchased Digital Content within any access period stated at purchase.

We may provide replacement access voluntarily, but do not guarantee indefinite hosting or permanent availability unless this is expressly included in the product description.

Access may be suspended where:

• payment is reversed;

• the account is compromised;

• the licence is materially breached;

• fraud is suspected; or

• continued distribution becomes unlawful.

We will not remove access from a Consumer arbitrarily where continuing access forms part of the contract.

45. Free Digital Content

Free downloads are governed principally by our Terms and Conditions of Website Use and any licence supplied with the file.

Where free Digital Content is supplied with paid goods or paid Digital Content and is not generally available separately, statutory Consumer rights may apply to it as part of the paid package.

Nothing in these terms excludes liability imposed by law where free Digital Content damages a Consumer’s device because we failed to exercise reasonable care and skill.

46. Trade accounts

Trade accounts are subject to approval.

We may consider:

• business identity;

• trading history;

• sales channel;

• territory;

• order volume;

• payment history;

• credit information;

• fraud risk;

• intended resale activity; and

• whether the account is appropriate for our distribution arrangements.

Approval does not oblige us to accept every order.

Trade discounts, quantity prices, product availability, credit limits and payment terms may differ between customers and may be changed for future orders.

Trade account information and pricing must not be shared with unauthorised third parties.

A Trade account may not be transferred.

47. Trade resale

Unless otherwise agreed, an approved Trade Customer may resell genuine physical goods purchased from us in the ordinary course of its business.

The Trade Customer must not:

• alter safety or legal information;

• remove required product markings;

• misrepresent itself as Blue Donut Games;

• make false product claims;

• sell counterfeit, incomplete or materially altered products as new;

• use our intellectual property outside the reasonable promotion and resale of genuine goods;

• reproduce game components or packaging;

• bundle the goods in a misleading manner; or

• sell in a territory where doing so would breach an agreed lawful restriction.

Any recommended retail price is a recommendation only. Independent retailers remain responsible for setting their own resale prices.

48. Trade credit

Trade credit is available only where expressly approved.

We may set or change:

• a credit limit;

• payment period;

• order limit;

• deposit requirement;

• personal or company guarantee requirement;

• payment method; or

• other reasonable credit condition.

We may withdraw or reduce unused credit where we reasonably believe that the Customer’s ability to pay has changed or an account is overdue.

Unless otherwise agreed in writing, invoices are payable before dispatch.

Where credit terms are approved, payment is due by the date shown on the invoice.

49. Late Trade payments

If a Trade Customer fails to pay an invoice when due, we may:

• suspend further deliveries;

• place pending orders on hold;

• withdraw credit;

• require payment in advance;

• cancel unfulfilled orders;

• recover unpaid goods where legally entitled;

• refer the debt for collection; and

• exercise rights available under late-payment legislation.

Where applicable, we reserve the right to claim:

• statutory interest at the rate provided by the Late Payment of Commercial Debts legislation;

• fixed statutory compensation;

• reasonable additional debt-recovery costs; and

• court fees and other recoverable enforcement costs.

Accepting late or partial payment does not waive our rights.

A Trade Customer must not withhold or set off payment because of an unrelated claim unless we have agreed the set-off in writing or the law requires it.

50. Insolvency and financial difficulty

For Trade Customers, we may suspend supply or terminate an unfulfilled order immediately where:

• the Customer becomes unable to pay debts as they fall due;

• insolvency, administration, liquidation or bankruptcy proceedings begin or are threatened;

• a receiver or similar officer is appointed;

• the Customer enters into an arrangement with creditors;

• business operations cease or are threatened with cessation;

• information supporting credit approval was materially inaccurate; or

• we reasonably believe payment is at serious risk.

Amounts already due become immediately payable where the law permits.

This section does not affect rights of an authorised insolvency practitioner or restrictions imposed by insolvency law.

51. Product safety and recalls

Customers must follow safety instructions, age guidance and warnings supplied with a product.

A Trade Customer must:

• keep reasonable records allowing affected stock to be identified;

• cooperate with a legitimate product-safety investigation;

• stop selling affected stock when instructed on reasonable safety grounds;

• pass safety information to its customers where required; and

• assist with a recall or corrective action.

We may contact Customers about:

• safety notices;

• component corrections;

• product recalls;

• legal compliance;

• replacement parts; or

• other important product information.

These communications are service and safety communications rather than optional marketing.

52. Intellectual property

All copyright, trade marks, design rights and other intellectual-property rights in our products, artwork, rules, files, packaging and branding remain owned by Blue Donut Studios Limited or the relevant licensor.

Buying a physical product transfers ownership of that physical copy after payment, but does not transfer the intellectual-property rights embodied in it.

Except where the law permits otherwise, a Customer must not:

• copy or reproduce the product commercially;

• manufacture replacement copies for sale;

• reproduce artwork or rules for another product;

• register our branding or product names;

• create counterfeit or imitation products;

• distribute unauthorised digital copies; or

• imply sponsorship or endorsement.

Horror in the Library® is a registered trade mark of Blue Donut Studios Limited.

53. Events outside our reasonable control

We are not responsible for delay or failure caused by circumstances outside our reasonable control, including:

• fire, flood or severe weather;

• epidemic or public-health restrictions;

• war, terrorism, civil disorder or sanctions;

• strikes or industrial action;

• power, hosting or telecommunications failure;

• cyberattack;

• port or customs disruption;

• carrier failure;

• freight disruption;

• shortage of materials;

• manufacturer failure;

• changes in law;

• government action; or

• failure of a supplier despite reasonable efforts by us.

We will take reasonable steps to minimise the effect.

Where a Consumer order cannot be performed within a reasonable or agreed time, the Consumer retains applicable cancellation and refund rights.

For Trade orders, our affected obligations will be suspended for the duration of the event. If the event continues for a substantial period, either party may ask to cancel the unperformed part of the order, subject to responsibility for completed work, delivered goods and non-recoverable bespoke commitments.

54. Our liability to Consumers

Nothing in these terms excludes or limits liability where it would be unlawful to do so.

In particular, nothing excludes or limits liability for:

• death or personal injury caused by negligence;

• fraud or fraudulent misrepresentation;

• defective products where liability cannot lawfully be excluded;

• breach of statutory Consumer rights;

• breach of title; or

• another matter that cannot lawfully be excluded.

We are responsible to a Consumer for foreseeable loss or damage caused by our breach of contract or failure to use reasonable care and skill.

Loss is foreseeable where it was an obvious consequence of the breach or both parties knew it might occur when the contract was formed.

We are not responsible for:

• loss that was not foreseeable;

• loss caused by incorrect information supplied by the Consumer;

• loss caused by misuse or failure to follow instructions;

• business loss arising from a Consumer purchase; or

• loss caused solely by an independent third party outside our control.

These terms do not affect statutory Consumer rights.

55. Our liability to Trade Customers

This section applies only to Trade Customers.

Nothing excludes or limits liability for:

• death or personal injury caused by negligence;

• fraud or fraudulent misrepresentation;

• breach of title;

• deliberate default;

• defective products to the extent liability cannot lawfully be excluded; or

• another liability that cannot lawfully be excluded.

Subject to those exceptions, we will not be liable to a Trade Customer for:

• loss of profit;

• loss of revenue;

• loss of anticipated savings;

• loss of business;

• loss of opportunity;

• loss of goodwill;

• loss of reputation;

• loss of data;

• indirect loss; or

• consequential loss.

Subject to the liabilities that cannot lawfully be limited, our total aggregate liability arising from a particular Trade order will not exceed the total price paid or payable for that order.

Where a claim concerns only particular goods, our liability will not exceed the price of the affected goods unless limiting liability in that way would be unreasonable or unlawful.

We are not responsible for loss caused by:

• resale commitments made before confirmed delivery;

• the Trade Customer’s inaccurate forecast;

• failure to inspect goods;

• incorrect storage;

• unauthorised modification;

• use contrary to instructions;

• unlawful resale;

• information, artwork or specifications supplied by the Trade Customer; or

• an independent carrier appointed by the Trade Customer.

56. Customer responsibility

A Customer is responsible for:

• providing accurate order information;

• checking product suitability;

• following supplied instructions;

• using the products lawfully;

• keeping Digital Content access secure;

• ensuring that anyone using the product receives relevant warnings; and

• obtaining licences, permits or import approvals required for the Customer’s intended use.

A Trade Customer will be responsible for reasonable loss and cost directly caused by:

• materially false information supplied by the Trade Customer;

• unlawful resale;

• infringement arising from artwork or material supplied by the Trade Customer;

• unauthorised copying or distribution;

• the Trade Customer’s breach of these terms; or

• misuse of our intellectual property.

This does not make the Customer responsible for loss caused by our own negligence, breach or unlawful conduct.

57. Complaints

Please contact us if there is a problem with an order.

Email: info@bluedonutstudios.com

Please include:

• your name;

• order or invoice number;

• the product concerned;

• a clear description of the issue;

• relevant photographs where useful; and

• the outcome you are seeking.

We will review the complaint and respond within a reasonable time.

Consumers may obtain independent information about their legal rights from Citizens Advice or the relevant national consumer advice service.

We are not currently committed to using a particular alternative dispute-resolution provider unless we are legally required or separately agree to do so.

Nothing prevents either party from using a court or another lawful remedy.

58. Personal information

We process personal information relating to orders, payments, delivery, accounts, fraud prevention, support and legal compliance as explained in our Privacy Notice.

We may share necessary order information with:

• Stripe and other payment providers;

• fulfilment partners;

• postal and courier services;

• customs authorities;

• professional advisers;

• fraud-prevention services;

• debt-recovery providers; and

• public authorities where legally required.

59. Transfer of the contract

A Consumer may transfer rights under a contract only where we agree or the law permits it.

A Trade Customer may not assign, subcontract or transfer an order or contract without our prior written agreement.

We may transfer our rights and obligations as part of:

• a company reorganisation;

• sale of a business or product line;

• transfer of intellectual property;

• fulfilment arrangement; or

• similar legitimate transaction,

provided that a Consumer’s legal rights are not reduced.

60. No waiver

If either party delays enforcing a right, that does not mean the right has been waived.

A waiver relating to one breach does not waive a later breach.

61. Severability

If a court or competent authority finds part of these terms unlawful or unenforceable, that part will be treated as modified to the minimum extent necessary or removed.

The remaining terms will continue to apply.

62. Third-party rights

Except where these terms expressly state otherwise, no person who is not a party to the contract has a right to enforce it under the Contracts (Rights of Third Parties) Act 1999.

63. Entire agreement for Trade Customers

For Trade Customers, the accepted order, these terms and any expressly incorporated written terms constitute the entire agreement relating to that order.

The Trade Customer confirms that it has not relied on a statement not included in those documents.

Nothing in this section excludes liability for fraud or fraudulent misrepresentation.

This entire-agreement section does not apply so as to restrict a Consumer’s statutory rights.

64. Governing law and courts

These terms and contracts formed under them are governed by the law of England and Wales.

Consumers

A Consumer living in England or Wales may bring proceedings in the courts of England and Wales.

A Consumer living in Scotland or Northern Ireland may also bring proceedings in the courts of the part of the United Kingdom in which the Consumer lives.

A Consumer living outside the United Kingdom retains any mandatory protections and jurisdiction rights that applicable local law requires.

Trade Customers

The courts of England and Wales have exclusive jurisdiction over any dispute with a Trade Customer, unless we expressly agree otherwise in writing.

65. Contact details

Questions about these terms or an order can be sent to:

Email: info@bluedonutstudios.com

Post:

Blue Donut Studios Limited
8 Spur Road
Cosham
Portsmouth
England
PO6 3EB

Do not return products to the registered office unless we have given written return instructions.

Complete and return this form only if you wish to cancel an eligible Consumer distance or off-premises contract. You do not have to use this form.

To:
Blue Donut Studios Limited
8 Spur Road
Cosham
Portsmouth
England
PO6 3EB

Email: info@bluedonutstudios.com

I give notice that I cancel my contract for the sale of the following goods or Digital Content:

Products:

....................................................................................

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Order number:

....................................................................................

Ordered on:

....................................................................................

Received on, where applicable:

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Consumer’s name:

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Consumer’s address:

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Consumer’s signature:
Only required where this form is submitted on paper.

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Date:

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