Game Retail Limited, trading as Game.co.uk ("GAME", "Us", "We" or "Our"), a company registered in England and Wales (company number 7837246) whose registered address is at: Unity House, Telford Road, Basingstoke, Hampshire RG21 6YJ. Our VAT registration number is GB 190 3961 94.
We reserve the right to update the Terms and Conditions at any time. When We do so, We will provide access to the new Terms and Conditions on the Site home page. The new Terms and Conditions will take effect immediately, and will govern all transactions with Us through the Site. If you do not agree with the new version of the Terms and Conditions, you must cease to use the Site.
Accessing the Site
We cannot guarantee that the Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site or any computer system, server, router or any other internet-connected device.
We cannot and do not guarantee or warrant that any content of the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
We reserve the right, at our discretion, to withdraw, suspend or modify the Site or certain features or parts of the Site with or without notice to you, where We have reason to do so. There may also be times when the Site or certain features or parts of the Site become unavailable, whether on a scheduled or unscheduled basis. You agree that We will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of the Site or any service available on or through the Site.
We do not accept liability for any losses or claims arising from any inability to access the Site or any failure to complete a transaction.
Using the Site
This Site is for personal and non-commercial use. You must not use any materials contained in the Site except to the extent necessary for your own personal use.
In using the Site and information available from the Site, you agree that you will not:
(a) post, disseminate or transmit unauthorised advertisements or promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
(b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content;
(c) impersonate any person or entity, or fail to state or otherwise misrepresent an affiliation with any person or entity;
(d) engage in any activities in order to withhold or cloak identity or contact information;
(e) send harassing and/or threatening messages to others;
(f) engage in "flooding" - i.e. ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address);
(g) use the information available on the Site for any illegal, immoral or anti-social purpose, in violation of any applicable laws or regulations or in a manner which is or may be damaging to Our name or reputation;
(h) electronically stalk or otherwise electronically harass another; or
(i) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission.
You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that:(1) contains personally identifiable information belonging to minors;
or (2) is for commercial purposes or contains advertising or is intended to solicit a person to buy or sell services or to make donations.
Accuracy of information
We will use reasonable endeavours to ensure that information on the Site is accurate, but commentary and other material posted on the Site are not intended to amount to advice or authority on which reliance should be placed. Except to the extent that Our Trading Terms apply (as set out below), We make no representation or warranty that any information is accurate, complete or up-to-date and, to the fullest extent permitted by law, We accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone to whom you communicate such information.
All content on the Site is protected by copyright. We, or Our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content.
Except as expressly set out in these Terms & Conditions, nothing shall give you any rights in respect of any intellectual property owned by Us or Our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, Our name, trade marks, logos or other proprietary marks, or any of the content of the Site, in whole or in part, except as provided in these Terms & Conditions.
You may download information from the Site for your own personal non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without Our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trade mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
Whilst We are always happy to hear from you, it is Our policy not to accept or consider creative materials, ideas or suggestions other than those We specifically request. This is to avoid any misunderstandings if your ideas are similar to those We have developed independently. Therefore, We request that you do not send to Us any original creative materials such as original artwork etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary.
Anything you transmit or post may be used by Us or our affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. We are free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Your Site account
You may create an account on this Site by clicking on the Your Account link on the homepage and following the on-screen prompts. Please note that you will be required to supply information including a valid email address and your home address. This needs to be the registered address of your chosen payment card. Incorrect details may result in the rejection of your order.
You can amend your details at any time by logging in or while placing your next order. To do so , either select 'change your details' on the 'checkout' screen or log in and navigate to your account pages and follow the relevant links.
Please note that We reserve the right to suspend or terminate your account if it is or appears to Us to be used in breach of any of the provisions of these Terms and Conditions, including the provision of false registration details or any other misuse of the Site. Any person who holds such a suspended or terminated account must not re-register on the Site without Our prior consent.
We assume no responsibility for the contents of any other web sites to which the Site has links and We do not endorse the material on any linked web site. The provision of any links does not imply We have any association with their operators. We shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or in reliance on any content, goods or services available on such hyperlinked sites.
We continue to review Our service to ensure that customers keep coming back to Us for more than just great value in all the products We sell.
Pricing on the Site may vary from GAME Store prices. In any instance where the online price is lower, Our stores will not be able to match the online price. All online promotions, bundles, offers and discounts apply to the Site only and do not apply to Our stores.
The prices of products advertised for sale on the Site are as set out on the Site, errors and omissions excepted. All prices are in pounds (£) sterling, inclusive of VAT at the current rates, but excluding delivery charges. Delivery charges will be clearly set out when you place your order and will be added to the total amount due once you have selected a delivery service from the options available. Prices and delivery charges displayed are valid and effective only in the United Kingdom.
Prices may change at any time prior to acceptance of your order.
In the unlikely event that the price of an item has been incorrectly advertised on the Site, We will usually contact you to ask whether you wish to proceed with your order at the correct price. If you are not happy to proceed, or We are unable to obtain your instructions, We will cancel your order and any sum debited by Us from your debit/credit card will be refunded in full to the same card. We will not be obliged to supply products at the incorrect price.
Any product with a BBFC (British Board of film Classification) or PEGI (Pan-European Games Information) rating will be clearly described as such on the product page for that item. For further information on age ratings, see the Video Standards Council Website, the PEGI website, or the Ask About Games Website.
Warning: It is an offence to attempt to buy a certificated title if you are under the required age or to attempt to purchase any such title on behalf of an underage third party.
Persons placing orders for the purchase of products on the Site, confirm that they are of the appropriate age to receive and view the specified certification of the title(s) so ordered.
Any person ordering a product for a third party hereby certifies the intended recipient of the order is of the appropriate age to receive and view the specified certification of the title(s) so ordered.
We reserve the right not to supply any age-restricted product where We reasonably believe that a customer is below the relevant minimum age.
We are under a legal duty to supply goods which conform with the contract We have entered into with you. Further information about Our products and services is set out in Our Products and Services help pages.
We have taken reasonable steps to display as accurately as possible the pack shots, product descriptions, screen shots, specifications and other detailing of Our products in the images that appear on the Site. However, as the actual detailing you see onscreen will depend on your monitor, We cannot guarantee that your monitor's display of such detailing will exactly reflect the detailing of the product upon delivery. All detailing of products is subject to change and may not represent the finished product.
Offers cannot be used in conjunction with any other offer (online or otherwise). We reserve the right to restrict offers to one purchase per household at our discretion. All offers are subject to availability while stocks last. Offers may be withdrawn without any notice.
The feature on the Site of a product does not constitute a guarantee of its availability. Products, prices and technical requirements are subject to change at any time without notice.
Please note that the Site stocks PAL UK games, consoles, accessories and region 2 UK DVDs only.
Orders for Sales & Purchases
Further information about placing and paying for an order is set out in Our Ordering and Payment help pages.
You may place an order to purchase a product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order (by clicking 'pay now' on the 'payment' page of the checkout procedure).
All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances. On any such occasion We will email you to make you aware as soon as it is possible to do so.
You will receive an email, once your order is in process detailing your order reference and details of the product(s) you have ordered. Please note that this email is an acknowledgement only and is not an acceptance of your order.
Acceptance of your order and the formation of a contract between you and Us will take place when We send you an email confirming that the products you have ordered are being dispatched to you, unless We have notified you that We do not accept your order or you have already cancelled it in accordance with the provisions below (see Cancelling an Order).
Although We endeavour to give accurate stock availability information on the Site occasionally products you order may not be available. If this happens We will cancel your order, send you an email to confirm the cancellation and any sum debited by Us from your debit/credit card will be refunded in full to the same card.
You can purchase pre-owned software and hardware with confidence through the Site. Most pre-owned software and hardware comes boxed with instructions and is fully tested. We cannot guarantee the condition of pre-owned products; they may appear slightly blemished. However, all pre-owned stock is checked, and where necessary reconditioned, prior to being put on sale on the Site.
Pre-released orders (preorders) are orders for items that have not yet become available. You may be able to make a pre-released order using the Site, and where possible (and subject to availability) such orders will be shipped to you on the day prior to release, in order that you may receive it on the release date. Release dates are set by the manufacturers and are subject to change. As a result We are not liable for any changes to a pre-release date advertised by Us..
Pre-release orders will be supplied at the price applicable at the time of order, or the price applicable when your order is processed prior to dispatch, whichever is lower.
We cannot accept your order until you have paid for it in full. You can pay by all major credit or debit cards listed on the Site. Please note We are unable to accept payment by American Express. Payment will be charged at the point of submitting your order, usually just before dispatch.
For pre-release orders your card will be preliminarily checked for security purposes. You will be charged for the full amount of your order up to 7 working days prior to the release date as confirmed by the manufacturer.
Upon submitting your order, you confirm that the payment card that is being used is yours, and you meet the age restrictions for the title purchased.
All credit/debit card holders are subject to validation and fraud checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, We will not accept your order, We will not be obliged to inform you of the reason for the refusal and We will not be liable for any delay or non-delivery. We are not responsible for your card issuer charging you as a result of Our processing of your credit/debit card payment in accordance with your order.
You authorise Us to debit your nominated payment card to recover all charges and amounts due and owing to Us.
Further information about our delivery areas, delivery charges and estimated delivery times is set in Our Delivery Help pages.
Subject to availability, We will use reasonable endeavours to deliver the products you have ordered as soon as possible after you place your order, any in any event within 30 days. You shall be given an estimated time for delivery at the time your order is placed. If the goods are not available for delivery within 30 days of being ordered you are entitled to cancel your order and receive a full refund of any monies paid.
Orders for in stock, non pre-release products placed before 1pm are usually dispatched same day. Orders for in stock, non pre-release products placed after 1pm are usually dispatched the next working day. Orders with Express Delivery for stock, non pre-release products placed Monday to Thursday before 1pm are usually delivered the next working day. Orders with Express Delivery for stock, non pre-release products placed on Friday before 1pm will usually be delivered on Monday, unless it is a UK Bank Holiday.
We do not ship to PO Box addresses.
Digital downloads will be delivered to your e-mail address linked to your GAME Reward Card account or provided by you during the checkout process.
Delivery charges will be clearly set out when you place your order and will be added to the total amount due once you have selected a delivery service from the options available.
We deliver the products ordered to the valid delivery address which you supply. Orders over £1000 can only be dispatched to the card holder's address. We cannot deliver items within the same order to multiple addresses. We currently deliver to the UK mainland, including the Scottish Highlands and Islands and Northern Ireland. We also deliver to certain other countries which are listed in our Delivery Help pages, although We are unable to ship orders over 1000g outside of the UK, including all hardware orders. Certain deliveries may require a signature to confirm receipt.
We will advise you by email if there is likely to be a delay in dispatching your order. We reserve the right at Our discretion to ship orders only to the billing address.
If you order two or more items from Us and one of those items is not in stock, We will contact you (using the details you provide to us when ordering or in your Site account) to discuss changes to your order. There will be no extra postal charges for orders where delayed items are sent separately.
Once delivered (or collected), the products ordered will become your property (provided they have been paid for in full) and your responsibility. Except in relation to products that are damaged or faulty when delivered or which have been incorrectly delivered, We will not accept any liability for their loss, damage or destruction after they have been delivered.
Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for non-UK deliveries, some of our products may not be available for delivery to certain destinations outside of the UK. We reserve the right to define what can and cannot be delivered to destinations outside of the UK.
Please note that many countries have import restrictions on certain products or materials. The products you order for delivery to destinations outside the UK may be subject to duties, taxes or additional levies upon importation. These duties or taxes are levied once the product reaches the country of destination and you are responsible for paying any such costs.
Please note that you will be considered the importer of record when ordering goods from this Site for delivery overseas. You are responsible for determining whether there is any restriction on delivery of our products to your selected destination and you must comply with all laws and regulations of the country in which you are receiving the goods. We recommend you contact your local customs authority or post office (where applicable) to learn more about customs restrictions and possible costs prior to placing an order.
You can check the current delivery status of your order at any time by logging in to your Site account. In addition, We will send you an email (to the email address you supply when you register with the Site) alerting you of any change of status of your order including when We've dispatched your order.
Your order should arrive within not more than 10 days of dispatch (not including Sundays) for domestic orders or 45 days of dispatch for international orders. This maximum delivery period shall have elapsed before We will consider claims for lost in transit consignments. If you suspect a delivery to be overdue then please either send Us a message via the Contact Us facility on the Site or email the Customer Services Department at firstname.lastname@example.org.
Please note this applies to UK standard post orders only. For queries on International or Parcel Force orders please contact our Customer Services team.
Cancellations and Returns Policy
For further information on your cancellation rights, returns and refunds please see our Returns and Refunds help page which includes details of how to cancel your order.
You may cancel your order (or any part of it) at any stage before it is delivered to you. Please note that it may not be possible to stop dispatch of the products you have ordered and you will need to return the products in accordance with the provisions set out below.
You may cancel your order up to fourteen (14) days after delivery of the order to you. Except that, orders for digital downloads cannot be cancelled once the download has started. This does not apply for Microsoft Digital Credit which may be returned in line and according to our Returns and Refunds policy.
You may cancel your order by contacting Us by email or post or, alternatively, by returning the products to any GAME Store, in accordance with the following provisions.
Unless items are damaged or faulty when delivered, you may only cancel your order if:
(i) in the case of new software the items are as new, in a saleable condition, unused, undamaged and still in the original sealed packaging with the seal still intact;
(ii) in the case of new hardware the items are as new, in a saleable condition, unused (except to the extent reasonably necessary to examine them), undamaged and contain every component part (cables, memory sticks etc.). If you are unable to comply with these requirements, you may still return the hardware item to us but We may make a deduction from your refund to take account of the reduction in value caused by any damage or missing components; and
(iii) in the case of pre-owned software and/or hardware the items are in the same condition they were in when We delivered them to you, have not been used by you (except to the extent reasonably necessary to examine them), are undamaged and, in the case of any game or other computer software, provided that it is still in the original sealed packaging (if applicable).
If you are cancelling an item purchased in a discounted or promotional offer or as part of a combined product (for example a combined hardware and games product), all items purchased in any offer or combined product are part of the same contract and have to be returned if you wish to receive a full refund. If all the items are not returned the refund will be adjusted accordingly. To partially cancel your order for a combined product you will need to contact our Customer Services team.
All products should be returned to us by post at the address below within 14 days of you cancelling your order.
Game Retail Limited
You will have to bear the direct cost of returning the products to us unless you are returning a faulty item. If you are returning a product to us because it is faulty, please see the below section 'Damaged or Faulty Products' or our Returns and Refunds help page for further details.
Until such time as the products are returned to Us, you must retain possession of the items and take reasonable care of them.
Alternatively, certain products may be returned to any GAME Store. Please bring with you proof of purchase (e.g. a copy of the relevant dispatch confirmation email or the returns note that will have been included in the delivery package). Items purchased as part of a combined product (for example a combined hardware and games product) can only be returned to one of Our stores if all items in the combined product are returned together. Please check your order number to confirm whether your order can be returned to a GAME store. You will not be able to return your order to a GAME store if the order number ends with "/M" or if the order includes TVs, projectors, laptops, mobile phones or any other electrical items (excluding gaming consoles and iPods - these items may be returned to a GAME store).
If you return products to any of Our stores such products must be returned no later than 28 days after they have been delivered to you.
All products must be returned with the original packaging. Products should be posted in appropriate protective packaging. We advise that on any return you obtain a certificate of posting and retain this for your records and that you take out sufficient postal insurance to cover the value of the returned products.
If you cancel your order, any sum debited by Us from your debit/credit card will be refunded in full to the same card (less any permitted deductions for diminished value). Please note that only the cost of standard outbound delivery will be refunded to you, even if you chose express delivery.
Damaged or Faulty Products
In the unlikely event that any product you purchase is damaged or faulty when delivered to you, or is not what you ordered, We may offer a repair, exchange or refund as appropriate, in accordance with your legal rights.
If you believe a product is faulty or damaged prior to delivery to you please contact our Returns Department by sending an email to email@example.com which includes the following information:
- Your order number
- The item being returned
- Brief explanation of the fault
- Whether you require a refund of replacement
- A member of our team will then give you all the details you need to return the faulty item.
We will bear the costs of returning faulty items to us.
Our policy on damaged and faulty products does not affect your statutory rights.
You are responsible for the use you make of the products you order. To the extent not prohibited by law, We accept no liability for indirect, special or consequential losses; any loss which is not reasonably foreseeable; or any business losses of whatever nature (including loss of profits, contracts, goodwill, opportunity and other similar losses) arising out of or in connection with the use of the Site or any products or services purchased from the Site.
We shall not be liable for any delay or failure to perform any of Our obligations insofar as the performance of such obligations is prevented by an event or by matters beyond Our reasonable control.
We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
Nothing in this section or elsewhere in these Terms & Conditions affects your statutory legal rights.
You agree to be bound by any terms and conditions imposed by the distributor or producer of any product or service or any other copyright material and in particular you must not:
(a) make copies of material supplied to you by Us for sale or rental or for any other reason whatsoever; or
(b) show any copyright material in a public place or for profit.
In the event that any part of these Terms and Conditions are held to be illegal, invalid or unenforceable, such provisions will be severed and the remainder of these Terms and Conditions shall continue in full force and effect.
Failure by Us to enforce a right does not result in a waiver of such right. You may not assign or transfer your rights under these Terms & Conditions.
You and We agree that English law applies to these Terms and Conditions and that any dispute between us arising out of or in connection with these Terms and Conditions will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply. We reserve the right to terminate your access to this Site and any use of Our online services at any time with or without cause or notice.
A copy of these Terms and Conditions are available on written request to: GAME Customer Services, Unity House, Telford Road, Basingstoke, Hampshire RG21 6YJ
Any formal legal notices should be sent to Us at the address at the end of these Terms & Conditions.
We use CyberSource for processing of security information and this data is passed outside the EEA (European Economic Area) to the U.S.A. and then back to the UK. CyberSource has been certified by Visa, U.S.A. and Visa International as being compliant with the Cardholder Information Security Program and the Account Information Security program, respectively, which must be renewed annually after follow-up audits. To date, these are the most stringent security requirements in the industry having to do with how consumer data is secured, technologically as well as from a process standpoint.
You can find answers to frequently asked questions in our Frequently Asked Questions help pages.
If you have any queries concerning Our service, the Site or any products you purchase from Us (for example technical problems) or if your question is not covered in the Frequently Asked Questions help pages, please Contact Us.
These terms and conditions were last updated on 17 June 2014.
In-Store Terms and Conditions
Pre-Payment Paid by Customers Ahead of New Software Releases Terms and Conditions
In these Terms and Conditions of Pre-Payment (referred to as "re-Payment Terms") the expressions "Us", "We" and "Our" relate to Game Retail Limited, a company registered in England and Wales with company number 7837246, and whose registered address is at Unity House, Telford Road, Basingstoke, Hampshire RG21 6YJ. Our VAT registration number is GB 133 1661 43.
Please read these Pre-Payment Terms carefully before making your Pre-Payment as the terms and conditions set out below will apply.
We reserve the right to change these Pre-Payment Terms and when we do so Our new Pre-Payment Terms will be available in Our stores.
1. These Pre-Payment Terms apply alongside and in addition to Our Terms and Conditions of Sale which apply to all sales made by Us in-store.
2. Nothing in these Pre-Payment Terms or in Our Terms and Conditions of Sale are intended to or will have the effect of excluding or reducing your statutory rights as a consumer.
3. When you order a software product in advance of its release date you may be given the option to pay for the software product in full at the time of order. The price you pay for the product will be determined by in-store staff when you make the Pre-Payment.
4. Payment will be taken using cash, credit or debit card, a Gift Card, or other Game Gift Cards that you may have. At that point you will have bought your new software product. You will be issued with a collection pack which you must retain as you will require it to collect your software product at the time of release.
5. Please take good care of your collection pack as you must present it when collecting your software product and we reserve the right not to release the product without it. If you do not bring it with you at time of collection there may be considerable delay whilst we check your entitlement to the product and you may not be able to collect it on the release date.
6. Pre-Payment can be made a number of weeks prior to the software product's expected release date (as determined by in-store staff). Not all software products are available for Pre-Payment. Products that are available for Pre-Payment will be determined by in-store staff members upon request.
7. Sometimes the price of a software product will decrease between the time a Pre-Payment is made and the software product's release date. If this happens, the difference in price will be refunded to you when you collect your software product in-store. The refund will be made to either a Game Gift Card or to the payment method you originally used to make the pre-payment (at your option).
8. You will be able to collect your software product in-store on or after the release date during Our store's business hours. Some of Our stores may offer special midnight collections for selected products; however these are strictly at the discretion of Our individual stores and will not be available for all prepaid software products.
9. Sometimes supplies of new software products are not available to us on the expected dates and pre-payment does not guarantee availability of any software product on a specific date.
10. If however We are for any reason unable to supply you with the ordered software product within a reasonable time of the expected availability date, We will always try to offer you an acceptable alternative product. If however We cannot offer you an alternative which you find acceptable and as a result you cancel your order, We will refund your pre-payment for the item concerned in full to either a Game Gift Card or to the payment method you originally used to make the Pre-Payment (at your option).
11. If, having paid a pre-payment, you change your mind and cancel your order, except where this is as a result of Our breach, We reserve the right to retain a sum to cover Our expenses in dealing with the administration of your order and its cancellation as well as Our lost business resulting from your cancellation. We may however at Our discretion allow you to transfer the pre-payment amount and apply it against purchase of a different product available in-store. Any refund following this will be to either a Game Gift Card or to the payment method you originally used to make the Pre-Payment (at your option).
12. By making a pre-payment and providing Us with your contact details you agree to Us contacting you with regard to the software product.
13. These Pre-Payment Terms apply to purchases made in Game stores only and do not apply to on-line transactions.
14. These Pre-Payment Terms shall be interpreted under English Law and shall be subject to the exclusive jurisdiction of the English
Trade-In Terms and Conditions
1.1 Game Retail Limited, a company registered in England and Wales with registered number 07837246 and with its registered office at Unity House, Telford Road, Basingstoke, Hampshire RG21 6YJ trading as game.co.uk ("we/us/our") operates a trade-in programme (the "Programme") which allows owners of devices, including but not limited to: certain pre-owned games software, games consoles, laptops, PCs, hard drives, cameras, mobile phones, tablets, satellite navigation systems and accessories ("Pre-Owned Products") to trade-in their Pre-Owned Products in return for cash or a GAME gift card.
1.2 These Terms and Conditions will apply to your participation in the Programme.
1.3 If you wish to participate in the Programme, you will be provided with a till receipt to sign and return to us before leaving your Pre-Owned Product with us for testing and valuation. If you do not agree to these Terms and Conditions, you should not participate in the Programme.
1.4 We reserve the right to vary these Terms and Conditions and/or to cease the Programme at any time in our sole discretion. When We do so, We will provide access to the new Terms and Conditions through this page and available upon from one of our in-store representatives. The new Terms and Conditions will take effect immediately.
2 OWNERSHIP AND STATUS
2.1 You confirm that:
2.1.1 you have the legal right to sell all Pre-Owned Products you submit for trade-in via the Programme;
2.1.2 the Pre-Owned Products you submit to us are not counterfeit or stolen;
2.1.3 your submission of the Pre-Owned Products to us fully complies with these Terms and Conditions;
2.1.4 you are a consumer and are not acting on behalf of any other entity;
2.1.5 you are resident in the United Kingdom and have a billing and postal address in the United Kingdom; and
2.1.6 the Pre-Owned Products are from the United Kingdom only.
2.2 Pre-Owned Products submitted to us must meet the Programme's eligibility requirements, which will be determined by us in our sole discretion based on the condition, age and market value of the Pre-Owned Product.
2.3 Any Pre-Owned Products deemed to be counterfeit or stolen will be reported to the relevant authorities and are not eligible for the Programme.
2.4 We reserve the right to refuse to trade in any Pre-Owned Product submitted to us for testing and valuation if the Pre-Owned Product does not meet our criteria for that Pre-Owned Product. If this is the case, we will inform you why we are unable to accept the Pre-Owned Product for trade-in and will return it to you.
2.5 We will at our discretion require verification of ID for any trade-ins in exchange for cash; trade-ins made by customers who do not have a Game Reward Account; or certain types of hardware trade-ins. Acceptable forms of ID include two of the following:
2.5.1 Passport OR Drivers Licence; AND
2.5.2 Utility bill dated within the last month (including corresponding address).
Where a request by us for proof of ID is not met, we reserve the right to refuse any trade-in transaction.
3 BASIC FUNCTIONALITY TESTING
3.1 When submitting your Pre-Owned Product to us you may be required to demonstrate the basic functionality of the Pre-Owned Product to our representative in store. For example, where possible, you must demonstrate that the Pre-Owned Product:
3.1.1 powers or boots up;
3.1.2 if applicable, has an in tact screen which is not cracked or smashed and, if the Pre-Owned Product has a touch screen, that it is fully functional;
3.1.3 if applicable, is accompanied by a compatible and working charger, power cable or controller (if required to demonstrate basic functionality); and
3.1.4 does not have significant damage such as cracks (although general fair wear and tear is acceptable).
3.2 In the event that any Pre-Owned Product is or includes a software title, it must satisfy all of our eligibility criteria including (but not limited to) the following:-
a) any case must be in the correct format, unbroken and capable of boxing the disk or cartridge securely;
b) any sleeve must be the correct one for the Pre-Owned Product, must include the barcode and must be complete and unsoiled;
c) any disk must be in good condition and not scratched, dented or cracked; and
d) any cover must include all relevant marketing, be in good condition and not have faded or suffered water damage.
3.3 In the event that the software title does not comply with these requirements or is not, in our opinion, suitable for trade-in, we reserve the right (in our sole discretion) to make a reduction from the valuation provided and/or to reject the Pre-Owned Product in its entirety. For a non-exhaustive list of deductions which may be made, please see below:
a) Damaged/broken case - £0.50p
b) Damaged/missing sleeve - £1.00
c) Scratched disc requiring disc clean - £1.00
3.4 Software titles that are not eligible for return are:
a) Multiple copies of the same product;
b) Software titles that are similar to but do not match the exact version displayed on the online trade in price checker. This includes any software titles that are in any format other than PAL and without a PEGI or BBFC age rating;
c) Damaged software titles that are materially damaged upon receipt.
3.5 Rejected software titles that are not returned will be recycled for free at no profit to us.
4 FULL TESTING
4.1 If our in store representative is satisfied that your Pre-Owned Product satisfies the basic functionality requirements set out above, you will be required to leave your Pre-Owned Product with us for further testing by our in store team.
4.2 Before leaving your Pre-Owned Product with us, please ensure that you have:
4.2.1 removed all:
a) passwords and access restrictions (including for any linked accounts, eg Apple iCloud);
b) SIM or memory cards from the Pre-Owned Product; and
c) personal information, including (but not limited to) all names, phone numbers, SMS and email messages, browsing history, photos, games, songs, video, apps, programs and all other data that might identify you or any other individual ("personal information"); and
4.2.2 disabled any data receiving functions such as wifi, Bluetooth or 3G.
4.3 Our in store representatives will perform further testing on your Pre-Owned Product against our eligibility requirements so that we can establish if your Pre-Owned Product is eligible for trade-in through the Programme and, if so, give you an accurate valuation.
4.4 When you register, we will inform you how long we estimate further testing will take and when you will receive your valuation. The length of time this process will take may vary depending on the type of product and level of trading activity in store.
5.1 If, after basic functionality testing and/ or full testing, we are satisfied that your Pre-Owned Product meets our eligibility criteria, we will give you our valuation of your Pre-Owned Product.
5.2 All valuations provided by us will be in pounds sterling, are final and are only valid on the day they are given. If you do not accept the valuation on the date it is given, We will assume that you have rejected it.
5.3 We make every effort to ensure that the posted trade-in values are accurate but occasionally errors may result in the display of an incorrect trade-in value. If you trade-in an item for which an incorrect trade-in value has been posted, we reserve the right to accept or reject the item at its discretion.
6 TRADE-IN AND PAYMENT
6.1 Once you have received our valuation you may either:
6.1.1 accept the valuation and trade-in your Pre-Owned Product, in which case we will pay the valuation price to you in cash or by issuing a GAME gift card to you in pounds sterling (£) in return for the Pre-Owned Product; or
6.1.2 reject the valuation, in which case your Pre-Owned Product will be returned to you in the same condition as it was in when it was left with us for testing. However, as part of Full Testing any personal data remaining on the Pre-Owned Product will be removed.
6.2 If you accept our valuation, full ownership of the Pre-Owned Product will pass to us upon payment to you of the valuation sum.
6.3 You will not be entitled to any other payment for items you submit for trade-in as part of the Programme.
7 YOUR PERSONAL INFORMATION
7.1 By leaving your Pre-Owned Product with us and accepting these Terms and Conditions, you confirm that all personal information has been permanently, securely and completely deleted from your Pre-Owned Product.
7.2 If and to the extent that you have failed to permanently, securely and completely delete any such personal information from your Pre-Owned Product, you agree to indemnify us and to hold us harmless from and against any losses, costs, claims or expenses that we may suffer or incur as a result.
8 OUR LIABILITY TO YOU
8.1 If we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
8.2 If we cause any damage to your Pre-Owned Product whilst it is in our possession, we will repair the damage or pay to you the cost of a replacement. However, we are not responsible for the cost of repairing any pre-existing faults or damage that we discover in the course of testing the Pre-Owned Product. We will not be responsible for any loss or damage caused to your Pre-Owned Product during transit either to us, or, if we return the Pre-Owned Product to you.
8.3 We do not exclude or limit in any way our liability for:
8.3.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
8.3.2 fraud or fraudulent misrepresentation;
8.3.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
8.3.4 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
8.3.5 defective products under the Consumer Protection Act 1987.
9 GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
Deposits Paid by Customers Ahead of New Product Releases Terms and Conditions
In these Terms and Conditions of Deposit (referred to as "Deposit Terms") the expressions "Us", "We" and "Our" relate to Game Retail Limited, a company registered in England and Wales with company number 7837246, and whose registered address is at Unity House, Telford Road, Basingstoke, Hampshire RG21 6YJ. Our VAT registration number is GB 133 1661 43.
Please read these Deposit Terms carefully before placing your deposit as the terms and conditions set out below will apply.
We reserve the right to change Our Deposit Terms and when we do so Our new Deposit Terms will be available in Our stores. The Deposit Terms applicable at the time you pay a deposit will however apply to that deposit irrespective of any later changes in Our Deposit Terms.
1. These Deposit Terms apply alongside and in addition to Our Terms and Conditions of Sale which apply to all sales made by Us in-store.
2. Nothing in these Deposit Terms or in Our Terms and Conditions of Sale are intended to or will have the effect of excluding or reducing your statutory rights as a consumer.
3. When you order a product in advance of its release date we will ask you for a deposit by way of a reservation fee. Currently the amount of the deposit is £20 for consoles, £10-£20 for special edition titles, and £5 for each standard software title or game that you order.
4. If, having paid a deposit, you change your mind and cancel your order or fail to collect the console, software title or game which you have ordered within 12 months of its release date (which shall be deemed to be a cancellation), except where this is as a result of Our breach We reserve the right to retain a sum to cover Our expenses in dealing with the administration of your order and its cancellation as well as Our lost business resulting from your cancellation. In most cases this will amount to the value of the deposit and the deposit will be non-refundable. We may however at Our discretion allow you to transfer the deposit and apply it against purchase of a different product available in-store.
5. Sometimes supplies of new products are not available to us on the expected dates and payment of a deposit does not guarantee availability of any product on a specific date.
6. If however We are for any reason unable to supply you with the ordered product within a reasonable time of the expected availability date, We will always try to offer you an acceptable alternative product. If however We cannot offer you an alternative which you find acceptable and as a result you cancel your order, We will refund your deposit for the item concerned in full.
7. By paying a deposit and providing Us with your contact details you agree to Us contacting you with regard to the product (for example, to advise you of special packages or special editions or pre-payment plan options or other aspects that may be of interest to you).
8. These Deposit Terms apply to deposits paid and purchases made in Game stores only and do not apply to on-line transactions.
9. These Deposit Terms shall be interpreted under English Law and shall be subject to the exclusive jurisdiction of the English Courts.
The GAME Wi-Fi will enable you to access the internet, to send and receive data through our wireless broadband network and to send data through the internet using wireless technology that we make publicly available for free of charge for a limited period. We reserve the right to monitor and control data volume and/or types of traffic transmitted via the services.
The GAME Wi-Fi is provided on an "as is" and "as available" basis and GAME does not warrant that the GAME Wi-Fi will be uninterrupted or error-free.
2 USE OF GAME WI-FI
You agree that:
2.1 You are responsible for ensuring that any equipment that you use to access the GAME Wi-Fi is adequately protected against viruses.
2.2 The GAME Wi-Fi may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control.
2.3 You shall ensure that you use the GAME Wi-Fi in a reasonable manner and do not abuse it. You accept that GAME may restrict your ability to use the GAME Wi-Fi if you use it in an unreasonable and/or excessive manner.
2.5 You accept that we have the right to restrict access to any inappropriate content on the GAME Wi-Fi, such as adult and/or illegal content. You hereby agree not to access or attempt to access such adult or illegal content using the GAME Wi Fi.
2.6 You are responsible for the way the GAME Wi-Fi is used. You must not do any of the following acts or allow anyone else to do the following acts via your device in relation to the GAME Wi-Fi:
2.6.1 send a message or communication that is offensive, abusive, defamatory (damages someone's reputation), obscene, menacing or illegal;
2.6.2 cause annoyance, nuisance, inconvenience or needless worry to, or infringe the rights of, any other person;
2.6.3 perform any illegal activity;
2.6.4 break, or try to break, the security of anyone else's equipment, hardware or software;
2.6.5 deliberately receive, use, own, post, transmit or publish obscene material (including, but not limited to, child pornography);
2.6.6 upload, download, post, publish or transmit any information, material or software that is protected by copyright or other ownership rights without the permission of its owner;
2.6.7 you must not use the GAME Wi-Fi in a manner that will or is likely to adversely affect how we provide it to you or any of our customers.
2.7 You must, at all times, ensure that the way you use the GAME Wi-Fi does not break the law or the rights of any other person.
2.10 The GAME Wi-Fi enables you to access third party content and services (some of which may require you to accept additional terms and which may be subject to fees), and you agree that we are not responsible for any such third party content or services.
2.11 We do not guarantee the security of the GAME Wi-Fi and you hereby agree to use the GAME Wi-Fi at your own risk. You shall ensure that you have adequate security to prevent unlawful access to or use of the GAME Wi-Fi, access to your computing equipment or disclosure of confidential information.
2.12 You hereby accept that we do not guarantee nor are we responsible for, the security, integrity and confidentiality of the information, files and data that you exchange or may wish to exchange.
3.1 GAME will not be liable to you for:
3.1.1 any direct loss, loss of profit, revenue, time, anticipated savings or profit or revenue, opportunity, use, business, wasted expenditure, loss arising from disclosure of confidential information, loss arising from or in connection with the use of the GAME Wi-Fi or inability to use or access the GAME Wi-Fi whether or not we were advised in advance of the possibility of such loss or damage;
3.1.3 lost, delayed or destroyed data or software; or
3.1.4 any business loss (including loss of profits, business, revenue, contracts or anticipated savings, wasted expenses or any other purely financial losses) even if such loss was reasonably foreseeable or we had been advised of the possibility of you incurring such loss.
3.2 We are not responsible for any misuse of your username and/or where applicable, your password.
3.3 We will not be liable to you for the accuracy, completeness, fitness for purpose or legality of any information accessed, received or transmitted using the GAME Wi-Fi, or for transmitting or receiving, or failure to transmit or receive, any material through the GAME Wi-Fi.
3.4 If you deal with any other individuals or organisations using the GAME Wi-Fi, we will not be involved in those dealings. We will not be liable in any way for any loss, costs or damage you have to pay for.
3.5 We will not be liable to you for the contents of any material from other individuals and/or organisations which may be accessed through the GAME Wi-Fi. We also reserve the right to block access to any such material.
4.1 In order to register to use the GAME Wi-Fi we will ask you to download and register with the Game App. It is your responsibility to ensure details you enter are correct. You are responsible for keeping your details confidential. You should not permit other people to use your personal details and access codes and you are responsible for preventing any unauthorised use. If you discover you have made a mistake with your personal details after you have submitted them to us, please contact us by clicking here.
4.2 You should contact us as soon as possible if you become aware or suspect that anyone has obtained your personal details and / or access codes without your permission or if you become aware of any other breach of security on the GAME Wi-Fi.
5 YOUR DETAILS AND HOW WE WILL USE IT
5.1.1 profiling your usage and viewing;
5.1.2 personalising your experience of the GAME Wi-Fi based on your usage and viewing profile; and
5.1.3 improving and developing the GAME Wi-Fi.
5.2 We may share with third parties information about your use of the GAME Wi-Fi in an aggregated form which will not personally identify you. This aggregated data may be used by those third parties for their marketing purposes (e.g. to improve their targeting of advertising based on user preferences).
5.3 Subject to your consent, we may use your personal information to contact you with information about our products and services, special offers and rewards, as well as those of selected third parties. From time to time, we and they may contact you by mail, telephone, email, or other electronic messaging services (such as text, voice, sound or image messages including using automated calling systems) or fax for these purposes.
5.5 We will treat your personal information in accordance with the Data Protection Act 1998.
8 NO WAIVER
9 CHOICE OF LAW
10 OTHER INFORMATION
Any notices we send to you will be sent to the most recent e-mail address or postal address provided to us by you.