“We” or “us” or “our” means mmmysterygames.com (Red octopus j.d.o.o., Vinez 51, Labin, Croatia).

“commercial purposes” means for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit;

“good” means the goods described on our website and included within your order and supplied to you pursuant to these conditions including but without limitation downloadable games;

“working day” means a day (other than a Saturday, Sunday or Public Holiday) when banks in Croatia are open for business.

1. The contract between us
When you place an order to purchase goods from us and tick the box indicating your acceptance of these conditions you make a binding offer to purchase those goods in accordance with these conditions and subject to the terms of the license agreement incorporated within them.

At the same time you warrant to us that you are legally capable of entering into binding contracts and that you are at least 18 years old.

We reserve the right to make non material alterations to the specification of the goods as described on this website.

We must receive payment of the whole of the price for the goods that you order be-fore your order can be accepted.

Once payment has been received by us we will confirm that your order if accepted has been accepted by sending an email to you at the email address you provide with your order. Our acceptance of your order brings into existence a legally binding contract be-tween us. The contract will create legal obligations as far as you are concerned in connection with the use of the goods. In particular you will be agreeing to fully comply with the terms of the license contained in clause 6 of these conditions.

Our contract is binding on you and us and our respective successors and assignees. You may not transfer, assign, charge or otherwise deal with or dispose of the contract without our prior written consent. We may assign, transfer, charge, sub-contract or otherwise dispose of our rights and obligations under the contract at any time during its term.

2. Price

The prices payable for goods that you order are as set out in our website. If applicable they include Value Added Tax (‘VAT’).

3. Right for you to cancel your contract or return the goods

Digital products

You may cancel your contract with us for the goods you order at any time before the goods have begun be-ing downloaded from our website. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty. To cancel your contract you must notify us either by email or otherwise in writing.

You do not have the right to cancel your contract with us for the goods you order after the goods have been downloaded or partially downloaded from our website. If the goods prove to be faulty after downloading, we will either replace them with a non faulty version or refund to you the amount paid by you for the goods in question in whatever way we choose. In addition and without any contractual obligation on our part, if the goods are not to your satisfaction we will sympathetically consider replacing them or making a refund provided (with time being of the essence) that you contact us within 5 days of the relevant download being completed.

Once you have notified us that you are cancelling your contract in accordance with these conditions before the goods have been downloaded or partially downloaded from our website any sum paid to us for the goods from your credit or debit card will be credited to your account or otherwise repaid in an appropriate manner reflecting how you have paid us as soon as possible and in any event within 30 days of your order.

Physical products

For details on how to return or exchange your order, eligibility conditions, and the process for receiving refunds, please refer to our detailed Shipping and Returns Policy.

4. Cancellation by us

We reserve the right not to accept your order in whole or in part at our sole discretion or to cancel the contract between us if we are unable to deliver the goods you have ordered;

If we do not accept your order or cancel your contract we will notify you by email or otherwise in writing and will credit to your account any sum paid to us from your credit or debit card or otherwise repaid in an appropriate manner reflecting how you have paid us as soon as possible and in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

5. Delivery of goods to you

We will deliver the goods ordered by you in the manner set out on this website.

With respect to digital products, you will become the owner of the goods you have ordered when they have been delivered to you in electronic format. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

To learn more about shipping of physical products, please refer to our detailed Shipping and Returns Policy

6. Your license to use the goods and the intellectual property rights in them

You acknowledge and agree to be bound by the terms of our license to you to use the goods, as follows:

1. you agree that the goods will only be used by you and for non commercial purposes – unless a commercial license has been purchased (direct agreement with us), in which case you are licensed to run the event once commercially.
2. if in breach of your license the goods are used for commercial purposes you agree that within 7 days of receipt of an invoice from us and with time being of the essence you will pay us a sum equivalent to our current charge for providing the goods for the purpose for which you have used them less the sum that you have already paid for the goods together with all costs and expenses that we have reasonably incurred in enforcing the terms of your license.
3. you agree that the Intellectual Property Rights in the goods remain vested in us and that we are granting you a non exclusive license to use the goods for the purpose set out in these conditions. “Intellectual Property Rights” include patents, design rights, copyright, trademarks, service marks (in each case whether registered or not), applications or rights to apply for any of the foregoing, database rights, Know-How, trade or business name, rights in confidential information, goodwill, and other similar rights existing in each case in any part of the world.
4. without prejudice to the generality of the foregoing you agree that you will not copy, reproduce, resell or re-distribute the goods.

7. Liability

1. If the goods we deliver electronically are not what you ordered or are defective we shall have no liability to you unless you notify us by email which we have acknowledged (or otherwise in writing at our contact address) of the problem within 10 working days of the delivery of the goods to you from our website with time being of the essence.
2. If you notify a problem to us under clauses 7.1 above, our only obligation will be, at your option:
   1. to make good any shortage or non-delivery;
   2. to replace or repair any goods that are damaged or defective; or
   3. to refund to you the amount paid by you for the goods in question in whatever way we choose.
3. In case the goods are subject to import duties or other taxes in addition to VAT. These import duties or other taxes are outside our control and must be borne by you. You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
4. Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition or arising from our contract generally and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 7.2.3 above.
5. Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

8. Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent either by acknowledged email to our email address published on this web-site or to our office address at Vinez 51, Labin 52220, Croatia. All notices from us to you must be in writing and sent either by email to the email address that you provide in your order form or to the postal address you give to us at the time you make your order.

9. Events beyond our control

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, damage incurred in course of post, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

10. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

11. Privacy

Both you and us acknowledge and agree to be bound by the terms of our privacy policy as detailed on this website.

12. Third party rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available.

13. Governing law

The contract between us shall be governed by and interpreted in accordance with Croatian law and the Croatian courts shall have jurisdiction to resolve any disputes between us.

14. Entire agreement

These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

15. Waiver and Time

No delay act or omission by either you or us in exercising any right or remedy will be deemed a waiver of that or any other right or remedy. Unless stated otherwise time is not of the essence of any date or period specified in these conditions.