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In-Store Ordering Terms and Conditions

In-Store Ordering Terms and Conditions

GAME - PRODUCT ORDERING, TERMS AND CONDITIONS

Gameplay (GB) Limited, trading as GAME ("GAME", "Us", "We" or "Our"), a company registered in England and Wales (company number 03221027) whose registered address is at: Unity House, Telford Road, Basingstoke, Hampshire RG21 6YJ. Our VAT registration number is GB 591 9373 01.

By ordering an item of stock from GAME using this ordering process, you accept, without limitation or qualification, these Terms and Conditions.

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 in store (upon request), through the www.Game.co.uk website (the "Site") or on request written request to the address set out in the Contact Information section of these Terms and Conditions. The new Terms and Conditions will take effect from 18 October 2011 and will govern all transactions with Us.

Accuracy of information

We will use reasonable endeavours to ensure that the information provided by any sales assistant in Our stores (a "Sales Assistant") and other commentary and material within Our stores is accurate. 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.


TRADING TERMS

Pricing Policy

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 of products sold via this ordering procedure may vary from GAME store and/or online prices. In any instance where the order price is lower, Our stores will not be able to match this price. In any instance where Our store or online price is lower, the price set using this order process will not be able to match this price. All order promotions, bundles, offers and discounts apply to purchasing products using the order process only and do not apply to Our stores.

All prices are in pounds (£) sterling, inclusive of VAT at the current rates, but excluding delivery charges. Delivery charges will be clearly explained to you when you place your order in store. Prices and delivery charges are valid and effective only in the United Kingdom.

In the unlikely event that the Sales Assistant gives you an inaccurate description of the price of a product, 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 paid by you for the product will be refunded in full in accordance with the Refund section of these Terms and Conditions. We will not be obliged to supply products at the incorrect price.

Age restrictions

Any product with a BBFC (British Board of film Classification) or PEGI rating will be clearly described as such on the product page for that product. For further information on BBFC ratings, see the Video Standards Council 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 under age third party.

We are unable to accept orders from any person under the age of 16. Persons placing orders for the purchase of products confirm that they are aged 16 or over and 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.

Product information

Offers cannot be used in conjunction with any other offer (via this process, 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.

Products, prices and technical requirements are subject to change at any time without notice.

Please note that through this order process, the only available stock is as follows: PAL UK games, consoles, accessories and region 2 UK DVDs.

Order for Sales & Purchases

All orders placed by you are subject to acceptance by the Sales Assistant. The Sales Assistant may choose not to accept your order for any reason and We shall not be liable to you or to anyone else in those circumstances. As Our procedures rely on communication by email, please note that if you do not provide an email address then we will be unable to accept your order.

Once you have placed your order, you will receive an email of confirmation detailing your order reference and the product(s) you have ordered. Please note that this email is an acknowledgement only.

Acceptance of your order and the formation of a contract between you and Us will take place when you place your order with the Sales Assistant at the till in store and make payment for the product.

Although the Sales Assistant endeavours to give accurate stock availability information, 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 paid by you for the product will be refunded in full in accordance with the Refund section of these Terms and Conditions.

Pre-owned Items

You can purchase pre-owned software and hardware with confidence through Us. 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.

Payment

We cannot accept your order until you have paid for it in full. You can pay by all major credit or debit cards (except American Express) and by cash. Payment will be charged at the point of placing your order with the Sales Assistant.

Upon placing 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. 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.

Delivery

Subject to availability, We will use reasonable endeavours to deliver the products you have ordered as soon as possible after your order is placed with us. You will be asked to confirm whether you would like the product to be delivered to your delivery address, an alternative delivery address, or to be collected from a GAME store. The Sales Assistant will provide you with an estimated time for delivery at the time your order is placed. If the products are not available for delivery within 30 days of being ordered you shall be entitled to cancel your order and receive a full refund of any monies paid.

We do not ship to PO Box addresses. Further information about our delivery areas, delivery charges and estimated delivery times is set in our Delivery Help pages.

Delivery charges will be clearly explained to you when you place your order and will be added to the total amount due. Prices and delivery charges are valid and effective only in the United Kingdom.

We deliver the products ordered to the valid delivery address which you supply. Orders over £200 can only be despatched to the address of the person who places the order. We cannot deliver products within the same order to multiple addresses. We currently deliver to the UK mainland, including the Scottish Highlands and Islands, the Republic of Ireland and Northern Ireland. Certain deliveries may require a signature to confirm receipt.

We will advise you by email if there is likely to be a delay in despatching your order. We reserve the right at Our discretion to ship orders only to the billing address.

If you order two or more products from Us and one of those products is not in stock, We will contact you (using the details you provide to us when placing your order) to discuss changes to your order. There will be no extra postal charges for orders where delayed products are sent separately.

Once delivered, or collected from Our store (as applicable), 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.

Please note that, if a product is to be collected from a GAME store, you will have 14 days, from the date on which we notify you by email that the product is ready for collection, to collect your product from the GAME store. After 14 days have passed, the product will be returned to Our warehouse and we will notify you that the contract has been cancelled. Under such circumstances, We will provide you with a refund in accordance with the Refund section of these Terms and Conditions.

Overdue Delivery

Your order should arrive within not more than 15 days of despatch (not including Sundays). 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 contact Us using the details set out in the Contact Information section of these Terms and Conditions. For further information, please refer to the latest delivery information contained on the help pages on the Site.


Cancellations and Returns Policy

a) Cancellations

You may cancel your order (or any part of it) before it is delivered to you, or collected in store, by contacting Customer Services using the contact details set out in the Contact Information section set out in these Terms and Conditions. Please note that it may not be possible to stop despatch of the product(s) you have ordered if such product(s) have already been processed by GAME, and under such circumstances you will need to return the product(s) in accordance with the provisions set out below.

b) Returns

You may return a product, in accordance with the following provisions, by contacting Our Customer Services Department by telephone.

Unless products are damaged or faulty when delivered or collected from Our store, you may only return your order if:

(i) in the case of new software the products are as new, in a saleable condition, unused, undamaged and still in the original sealed packaging;

(ii) in the case of new hardware the products 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.); and

(iii) in the case of pre-owned software and/or hardware the products 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 returning a product purchased in a discounted or promotional offer or as part of a combined product (for example a combined hardware and games product), all products 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 products are not returned the refund will be adjusted accordingly, at Our discretion. To partially return your order for a combined product you will need to contact Our Customer Services Department by telephone.

All products must be returned to Us within 28 days of the date on which you placed the order. Until such time as they are returned to Us, you must retain possession of the products and take reasonable care of them. You can return products directly using the postage-paid label you will receive with your products or to any GAME store. Please bring with you the till receipt and the despatch note as proof of purchase. 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.

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 or return the products in accordance with the provisions set out herein, any sum paid by you for the product will be refunded in full in accordance with the Refund section of these Terms and Conditions.

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 or collection to you please return the product using the postage-paid label you will receive with your products, or, if you have collected the product from a GAME store, please return it to any GAME store.

Our policy on damaged and faulty products does not affect your statutory rights.

Refunds

If We have agreed to provide you with a refund (in any of the circumstances described in these Terms and Conditions) in relation to a product you have purchased, the procedure set out in this section will apply.

Whether you have paid for the product in cash, by card, or in Reward Points, in order to obtain a Refund you will be required to return the product (if the product has been delivered to you or collected by you), and as proof of purchase:

a) your till receipt for the product(s); and
b) the receipt/advice note in respect of the product.

If you have paid for the product by debit or credit card, any sum debited by Us from your card will be refunded to the same card.

If you have paid for the product with Reward Points (partially or in full), the Reward Points used to pay for the product will be credited to your Reward Card.

If you have paid for the product in cash, then you may either:

a) go into a GAME store to collect either a GAME gift card or cash refund for the price of the product(s) being refunded; or
b) contact Customer Services to request a GAME gift card for the price of the product(s) being refunded.

Privacy

At GAME we are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). Our data protection registration is Z7720094.

We collect information about you for two reasons: firstly, to process your order and second, to process the delivery of your order.

We will not email you in future unless you have given us your consent.

We will give you the chance to refuse any marketing email from us.

We will never collect sensitive information about you without your explicit consent.

The information we hold will be accurate and up to date. You can check the information that we hold about you by contacting Our Customer Services department.

If you find any inaccuracies we will delete or correct them.

The personal information we hold will be held securely in accordance with our internal security policy and the law.

Our liability

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 your purchase of any product or services from GAME or use of this ordering process.

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.

Distributors 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.

General

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.

Any formal legal notices should be sent to Us at the address set out in the Contact Information section of these Terms & Conditions.

Help

If you have any queries concerning Our service, or any products you purchase from Us (for example technical problems) Customer Services.

Contact Information

Telephone: 0871 200 1221 (local rate throughout the UK) Monday to Friday, 9am to 6pm
Email: customer.services@game.co.uk
Post: GAME Customer Services, Unity House, Telford Road, Basingstoke, Hampshire, RG21 6YJ

Updates

These terms and conditions were last updated on 13th October 2011

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Game Retail Limited. trading as GAME.co.uk - Company Registration No: 7837246 - Company Registered in England Registered Address: Unity House, Telford Road, Basingstoke, Hampshire, RG21 6YJ