GAME Marketplace Seller Terms & Conditions

GAME Marketplace Seller Terms & Conditions

Untitled Document

GAME Marketplace Seller Terms & Conditions

Information on GAME Marketplace

Click here to read more about GAME Marketplace


GAME Marketplace Seller Terms & Conditions

Welcome to the GAME Marketplace. The GAME Marketplace is an application enabling users to transact directly with each other to buy and sell items. The Marketplace is accessed at URL www.Game.co.uk (the 'Website'). The GAME Marketplace is operated by 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 ("GAME"). By using the GAME Marketplace as Seller you agree to and accept the Terms and Conditions set out below including all policies and codes of conduct referred to in them. We may update or amend the Terms and Conditions from time to time. If we do amend them we will notify you by email with a link to the updated terms. It is your responsibility to check for such notices. You must read and accept the Terms and Conditions before using the GAME Marketplace and once you have accepted them they form the basis of a legal agreement between you and us. These Terms and Conditions for Sellers comprise 6 main sections which together with these introductory paragraphs set out the terms on which you as Seller may use the Marketplace. If you also intend to use the Marketplace as a Buyer you must also read and accept the Buyer terms and conditions which will apply when you act as a Buyer and place an order using the Marketplace.


• Section 1 lists the meanings of defined terms used within these Terms and Conditions

• Section 2 describes the relationship of the Seller and the Buyer with each other and with GAME

• Section 3 sets out the Terms and Conditions applicable to all Users of the Marketplace

• Section 4 sets out additional Terms and Conditions specific to Sellers

• Section 5 relates to issues, disputes, and the Fair Play Policy

• Section 6 relates to miscellaneous points relevant to the use of the Marketplace not otherwise covered in Sections 1 to 5.


1. DEFINITIONS USED IN THESE TERMS AND CONDITIONS

“Applicable Laws” means any and all applicable law, statute, bye-law, regulation, order, regulatory policy, guidance or industry code, rule of court or directive or requirements or notice of any regulatory body, delegated or subordinate legislation

“Business Day” means a day other than a Saturday, Sunday or public holiday on which the clearing banks are open for business in London.

“Buyer” means a person who is registered via the Website as a user of the Marketplace and who makes one or more purchases through the Marketplace;

“Catalogue” means the list of items, and the data describing items, which are offered for sale in the Marketplace and their attributes including images;

“Fair Play Policy” means the rules for resolution of issues and disputes between Sellers and Buyers as further described in Section 5 of these Terms and Conditions.

“Force Majeure Event” means, in respect of any party, any event or occurrence outside the control of that party and which could not reasonably have been anticipated and avoided; “Game Group” means Game Retail Limited and its affiliates and associated companies; “GAME Mail” means an email service enabling Sellers and Buyers to send emails to each other post sale;

“Intellectual Property Rights” means all intellectual property rights in any part of the world including without limitation patents (including supplementary protection certificates), database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered), rights in business and trade names, rights in domain names, rights in confidential information and know-how, and all other similar rights, together with the right to apply for the protection of any such rights and “Intellectual Property” shall be interpreted accordingly as being any property over which such rights exist;

“Listing” means an invitation to treat made by a Seller in respect of a Catalogue item;

“Marketplace” or “GAME Marketplace” means the virtual marketplace accessed via the Website which GAME operates to facilitate transactions between Sellers and Buyers for the selling and buying of Catalogue items;

“Offer“ means an invitation to treat for a specific item as set out in a Listing and may include terms specified by the Seller such as description, price, condition, delivery options etc as well as these Marketplace Terms and Conditions and does not mean an offer to sell which is capable of acceptance. The Buyer’s Order is an offer to buy as is generally understood in the context of offer and acceptance being the basis of contract formation;

“Order“ means an offer to buy made by a Buyer in respect of a Listing which is capable of acceptance by the Seller;

“Personal Data“ means data about a living individual from which that individual can be identified, as defined in the Data Protection Act 1998;

“Product“ means the generic term for an item. For example if a console of a type known as XYZ is Listed the term XYZ will relate to all items Listed of that type and not just to the specific item under that Listing. There may therefore be multiple items Listed all of which are described as the same Product. If however there is more than one version of XYZ each version will be a separate Product;

“Prohibited Items“ means the items in this list as amended from time to time as notified to the Sellers by publication on the Website,;

“Restricted Items“ means the items in this list as amended from time to time as notified to the Sellers by publication on the Website;

“Terms and Conditions“ means these terms and conditions for Sellers as may be amended from time to time;

“Seller“ or “You“ means a party who is registered to sell items through the Marketplace to Buyers;

“Seller Store“ means a Seller’s Listings and other presence in the Marketplace;

“Users“ means those persons who use the Marketplace and includes Buyers and Sellers, and User means one of the Users as the context requires;

“Website“ means the website with URL www.game.co.uk through which the Marketplace is accessed and at which an applicant can register to become a User as Buyer or Seller or both;


2. ROLES AND RELATIONSHIPS BETWEEN PARTIES USING THE GAME MARKETPLACE

2.1. GAME’s role is to facilitate transactions between Sellers and Buyers through provision of the Marketplace. GAME is not a party to any contract of sale between a Seller and a Buyer conducted in the Marketplace and where a Seller and a Buyer agree to a sale and purchase in the Marketplace the contract of sale is established directly between the Seller and the Buyer when the Seller accepts the Buyer’s offer to buy.

2.2. GAME will process payments made by Buyers in respect of transactions made in the Marketplace and pass such payment to the relevant Sellers on the Buyers’ behalf in accordance with the terms set out herein and in the Buyer terms and conditions.

2.3. The responsibility for compliance and enforcement of all obligations under the contract of sale between the Buyer and Seller is between those parties.

2.4. Should a dispute arise between Buyer and Seller they should use their best efforts to resolve that dispute between them and all complaints and queries with respect to a transaction should be directed to the other party involved using the “GAME Mail“ system. GAME has no obligation to mediate between the parties or to enforce any contract. GAME may however, at its discretion, intervene in some circumstances under the Fair Play Policy referred to in Section 5 below to help resolve an issue.

2.5. GAME reserves the right to remove, delay, suspend or terminate any transaction or Listing at our discretion if we believe that either the Seller or the Buyer is in breach of the applicable terms and conditions.

2.6. GAME owns the Website and operates the Marketplace using technology which GAME either owns or to which it holds a licence from the owner of that technology. Sellers are granted a limited non-transferable license from GAME to make use of the Website, including the Marketplace, subject to these Terms and Conditions. The license granted to Sellers expressly excludes modifying, distributing, copying, republishing or making any derivative of the Website or the Marketplace services; any framing or using framing techniques to enclose any trademark, logo or other proprietary content or Intellectual Property (including images, text, page layout or form) of the GAME Group; using any meta tags or other “hidden text“ incorporating any of the GAME Group’s Intellectual Property; any unauthorised collection and use of Buyers’ e-mail addresses or other information, ratings, feedback or Listings, or any data extraction or data mining whatsoever.

2.7. GAME has the right to design, vary and otherwise to determine the content, appearance, design look and feel, functionality and all other aspects of the Marketplace.

2.8. GAME reserves the right to discontinue the Marketplace, to terminate the registration of any User and to remove any Listing at its sole discretion.


3. GENERAL TERMS AND CONDITIONS APPLICABLE TO ALL USERS

Registration

3.1. You will not be able to use the Marketplace as a Seller until you have registered‘ accepted without change these Terms and Conditions; and agreed to comply with the obligations that they place upon you as Seller as the case may be each and every time that you sell anything using the Marketplace or otherwise use the Marketplace, including when you List an item as a Seller. If you do not accept these Terms and Conditions you may not register for or access the GAME Marketplace as a Seller or use any of the related services.

3.2. If you register as an individual and not as a business registration will require you to provide certain Personal Data including your real name (or in the case of a business entity the business name), a street address at which you are resident, a phone number on which you can be contacted, an email address that you access regularly, details of a bank account acceptable to GAME. Any information that you provide to us whether as part of the registration process or otherwise must be truthful, correct and complete. You promise that it is correct at the time you provide it and that you will update it immediately if any part of this information changes.

3.3. The use of the GAME Marketplace services is limited to Buyers and Sellers that can lawfully enter into contracts under the laws England and Wales as well as those of their country of residence, including such restrictions, including but not limited to age restrictions, as Applicable Law imposes.

3.4. If you are an individual under 18 years of age you must obtain the consent of your parent or guardian before registering. You must refrain from selling items that are age restricted (e.g. 18 cert, 15 cert or 12 cert movies and video games) if you do not meet the age restriction criteria. Sellers must not sell items that are restricted to persons that do not meet the relevant age criteria.

3.5. You must at all times when using the GAME Marketplace remain courteous to Buyers and other Sellers and refrain from being abusive, from making any defamatory statements about any person (whether a User or otherwise) and from breaching any person’s Intellectual Property Rights.

3.6. When you register as a Seller you will be required to set a password for your account. This is for your security. You must at all times keep your password secret and secure and you should not under any circumstances disclose this information to any other person. You are responsible for any use made of your account and for any activity on your account or in the Marketplace in general using your log-in and/or password details whether or not you have authorised such activity. If therefore you have any reason to believe that your password has been compromised or become known to anyone else you must change it immediately for your own protection. You should always use a strong password incorporating both letters and numbers as well as upper and lower case characters and should not choose a password that is easy to guess.

3.7. We reserve the right at our sole discretion, to reject any application from a Seller to register to use the Marketplace, or to suspend or remove any such registration, where we believe that such refusal or suspension or removal is in our interests or in the interests of any other User or of the Marketplace or Website in general. GAME shall not be required to give reasons for any such refusal, removal or suspension.


Payments

3.8. All payments relating to the purchase or sale of an item by a Buyer and Seller must be handled by us. You agree not to sell items listed in the Marketplace through any other payment method or accept payment through any other payment method, including without limitation personal cheque or money transfer.

3.9. If a transaction is aided or brought about through the Marketplace (irrespective of whether payment is made through the Marketplace or not), Sellers will be charged our applicable fees.

3.10. Sale and purchase transactions in the Marketplace are in pounds sterling (£).

3.11. All Listings shall show clearly the price of the listed item as well as any delivery charges that apply.

3.12. We will debit the Buyer’s chosen payment method at the time the Buyer places an order for an item.

3.13. If a Buyer’s card issuer or other payment provider declines payment the order will be cancelled.

3.14. If you as Seller do not accept the order, the Buyer will be issued with a refund.


Prohibited Items, Unlawful Use, and Malicious or Damaging Content

3.15. You may not buy, list, offer for sale or sell on or via the Marketplace or Website any Prohibited Items or any items whose sale, distribution, offering, import or export is prohibited or restricted by any Applicable Laws in England and Wales or in the Buyer’s country of residence or the Seller’s country of domicile or any other country where delivery takes place. You are responsible for checking whether any such restrictions apply to the items you intend to buy or sell and for the legal consequences of any breach of such Applicable Laws.

3.16. You are responsible for all electronic communications and content sent from your computer, Seller Store, mobile device or other internet access device using your log-in details whether or not actually performed by you.

3.17. You must not use the Marketplace or any of our services for any activity that is unlawful under any Applicable Laws.

3.18. You must not use our services to send, List, distribute or otherwise divulge any material that is illegal, objectionable, misleading, false, defamatory, obscene, menacing, otherwise injurious or in breach of third parties’ privacy or any Intellectual Property Rights of any third party.

3.19. You must not do or omit to do anything that causes the Website, the Marketplace or any of our other services to be interrupted, damaged or impaired and you agree that you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or that amounts to a denial of service attack.

3.20. You must not send, List, distribute or use any material that contains viruses, malicious code, commercial solicitation (including URLs for websites other than those of GAME), adwares, chain letters, mass mailings or any spam.

3.21. In the event that you notice any content or material that you believe may be in breach of these Terms and Conditions, please notify us immediately through www.game.co.uk. We will make reasonable endeavours to investigate and, if we deem it appropriate at our sole discretion, may remove the content or material complained of within a reasonable time.

3.22. You may not transfer your account to another party without our prior consent.


Use of Data

3.23. We collect and analyse data about Buyers and Sellers in order to provide a safe and efficient shopping environment for all users of the Marketplace. Examples of the data we may collect and analyse include the internet protocol (IP) address used to connect your computer to the Internet, login, e-mail address, password, computer and connection information such as browser type and version, your operating system and platform, transaction history, the full Uniform Resource Locators (URL) clickstream to, through and from our Website (including date and time), cookie number, items you viewed or searched for and any phone number used to call our customer services number. In using the Marketplace to buy and sell items you accept that your Personal Data may be used for such purposes. Our full Privacy Policy can be found here.

3.24. Information you provide may be shared amongst the members of the GAME Group for such reasons as laid out in section 3.23 and may if necessary be passed to a member of the GAME Group out of the European Economic Area for this purpose. Your Personal Data will never be passed to any third party companies except as set out in this section 3.24 and 3.25 below.

3.25. Whilst it is expected that all communications between Buyers and Sellers will be through the Marketplace using GAME Mail, circumstances may arise where direct communication between Buyer and Seller is required. Whilst we would not in the normal course of events do so, in such circumstances information that you provide may be passed on to the other party if required to facilitate resolution of a dispute. You consent to this and accept that your Personal Data may be used for such purposes.

3.26. Buyers and Sellers must use each other’s data only for the purpose of completing the transaction for which it is received, including sending dispatch notifications and communication about the transaction or resolving any dispute. The data must not be subsequently stored nor may it be passed on to any third party.

3.27. Sellers agree not to use Buyers’ e-mail addresses or any other information collected in the course of a transaction to send marketing e-mails or other similar materials directly to Buyers. As a Seller, further information about GAME Mail is available in your Seller account. This restriction further applies to the packaging of an Order, which should not include any promotions or information relating to a Seller’s own website.

3.28. Sellers have the right to access their stored data, to rectify them if required and to object to the storage of their data for legitimate purposes.


Intellectual property

3.29. All content, including without limitation graphics, logos, button icons, text, images, audio clips, digital downloads, data compilations and software (which may also belong to our software suppliers), provided by us on the Website is the property of the GAME Group or its licensors, and is protected by English and international intellectual property laws.

3.30. You may not sell items that infringe our or another party’s copyright, patent, trademark, design right, database right, or other Intellectual Property Right or other proprietary right (e.g. pirated software, CDs, videos and DVDs and OEM software).

3.31. New Region-1 DVDs may be listed by Sellers resident within the USA or Canada and with our prior agreement only, and must be dispatched from the USA or Canada directly to Buyers. Buyers are limited to one copy of Region-1 titles for personal use only, and acknowledge that they are the importer of record of this item.

3.32. You are not allowed to copy, reproduce, modify, create derivative works from, extract or utilise parts of the contents of the Website without our express written consent. The use of data mining, robots, any software or similar data gathering and extraction tools to extract for reutilisation of any substantial parts of the Website constitutes a violation of our copyrights and other Intellectual Property Rights.

3.33. You are not allowed to imitate or use the Marketplace or the Website’s presentation and structure, create and/or publish your own database that features substantial parts (eg. prices and item Listings) of the Website without our express written consent.

3.34. GAME, and other trademarks appearing on the Website (including without limitation graphics, logos, page headers, button icons, scripts and service names) are the trademarks of the GAME Group or one of its members and may not be used in connection with any item or service that is not provided by GAME, in any manner that is likely to cause confusion among Buyers, or that disparages or discredits any member of the GAME Group. To the extent that Listings include Seller’s or third party Intellectual Property sections 4.17 and 4.27 shall apply.

3.35. You should assume that everything you see or read on the Website or in the Marketplace is copyrighted or subject to other Intellectual Property Rights including trademarks not owned by the GAME Group that appear on the Website or in the Marketplace, which are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

3.36. If you believe that any of the content appearing on another Seller’s Store may constitute infringement of your Intellectual Property Rights (“IPR Claim”), please notify us in writing. Upon receiving notification of an IPR Claim, we will make reasonable endeavours to investigate and/or remove the content or material within a reasonable time. Such steps are taken without any admission as to liability and without prejudice to the GAME Group’s rights, remedies and defences, all of which are expressly reserved. You agree to indemnify the GAME Group for all claims brought by a third party against any entity within the GAME Group arising out of or in connection with the submission of an IPR Claim by you or against you.


Rating System

3.37. The Marketplace provides a five star rating system under which Buyers can express their views on each transaction in which they take part. Buyers can rate each transaction on a five star scale and can also leave a short comment relating to their impressions of the transaction. Comments should not relate to the item itself but to the Seller’s performance in the transaction. Sellers will develop a score based on Buyer ratings, showing their average rating.

3.38. Users promise that ratings are given in good faith and acknowledge that any review, feedback or rating may be published on the Website and made available for viewing by other Users. We may at our discretion display such rating information and comments for as long as we deem appropriate and may remove any rating or comment that we deem inappropriate.

3.39. GAME is not responsible for any ratings or comments published on the Website and does not moderate, filter or monitor ratings in real time or before they appear on the Marketplace. You release us from and waive all rights against us in respect of any liability arising out of or in connection with the publication of any rating or comment about you in the rating system.

3.40. You agree to indemnify and hold GAME harmless against any claim or action brought by third parties arising out of or in connection with any material posted by you on the Website, including the violation of their privacy or Intellectual Property Rights.

3.41. Good Seller ratings indicate a high quality and trustworthy marketplace. If a Seller’s rating score drops below acceptable levels we reserve the right to suspend or terminate the Seller’s account to protect our interests and reputation as well as those of Buyers and other Sellers on the Marketplace.

3.42. If a User considers the feedback left by another User to be unfair or defamatory, it can request for it to be removed by us. GAME may consider, at its sole discretion, removing ratings and comments from the Marketplace if for example it contains obscene language or profanity, is abusive, is irrelevant or illogical or does not make sense, does not relate to the other User in a transaction, contains personal information, is unreasonable, relates to a review of a Product, relates to a complaint about the Product price or in any other way it is deemed by GAME to be inappropriate.

3.43. Sellers may not rate themselves or any item offered for sale by them on the Marketplace. It is important to Buyer confidence that the rating system can be relied upon and improper use or any attempt to manipulate the rating system by Users will be treated very seriously. We reserve the right to suspend or terminate a User’s account immediately if we have reasonable grounds to believe that they have directly or via a third party manipulated or attempted to manipulate ratings.


Velocity and other Limitations

3.44. For both Sellers and Buyers GAME sets limits on the value and number of transactions any User can make within a set time period. We refer to these as “Velocity Limits”. This is a security measure for the protection of all parties against fraud. We do not disclose individual Velocity Limits or the method of calculation of them. They are not the same thing as financial limits or credit limits set by card providers on credit cards.

3.45. GAME may, at its sole discretion, apply limits to any User account in respect of the overall account or to individual transactions. Such limits may relate to number of transactions or their values.


ADDITIONAL TERMS AND CONDITIONS SPECIFIC TO SELLERS

Registration and setting up a Seller account

4.1. To sell as a Seller on the Marketplace, you must set up a Seller account. To set up a Seller account you are required to provide certain information including your legal name (or that of the business if acting as a business), your physical address (or that of the business where applicable), a valid and monitored e-mail address, a live telephone number the Marketplace team can use to discuss selling account related matters, a returns address, bank details, country of residence and VAT registration as applicable and further information we may reasonably require. You warrant that such information is, at the time you provide it, true, accurate and complete and that it is your responsibility to keep your information up to date. By setting up a Seller account and registering as a Seller you agree to accept and be bound by these GAME Terms and Conditions for Users in their entirety.

4.2. You must have a UK sterling bank account and an IBAN and BIC code to register. If you are not located in the UK you may be permitted to use the GAME Marketplace service by prior agreement with us. For the protection of all Users such agreement may be subject to security checks at our discretion.

4.3. At the time that you register as a Seller, we reserve the right to run a credit file and ID check and generally take such reasonable steps as we deem prudent to confirm the information provided by you is accurate.

4.4. The currency of your Seller account will be British pounds sterling.

4.5. You represent and warrant to GAME that: (i) if you are registering with GAME Marketplace as a business that you have the authority to legally bind that business and you are properly organised under the laws of the jurisdiction in which your business is registered; (ii) you are authorised to enter into these Terms and Condition on behalf of the business; and (iii) you will comply with all Applicable Laws in your performance of your obligations and exercise of your rights under these Terms and Conditions and will ensure that all agents and subcontractors similarly comply.

4.6 After you register your bank details with us, for security purposes there will be a minimum delay of 14 days before we will transfer funds to your bank. If you subsequently change your bank details you must wait 14 days from the date of change of details before further funds can be transferred to you.

4.7. Your policies and terms and conditions of sale (including without limitation refund and return policies and item warranties) must be available to each Buyer at all times and must comply with all Applicable Laws. They must offer Buyers no less favourable terms than those offered by Game Retail Limited on the Website. To the extent of any conflict between your policies and terms and conditions of sale and these Terms and Conditions these Terms and Conditions shall prevail to the extent necessary to resolve the conflict unless (i) your policies and terms and conditions offer the Buyer more favourable terms in which case the more Buyer favourable term shall apply; or (ii) you clearly draw the Buyer’s attention to any limitations in the Listing, for example, where you list an item as damaged and therefore limit the Buyer’s rights to exchange or refund you must clearly state that in the Listing.

4.8. You will accept and process returns, refunds and adjustments in accordance with these Terms and Conditions and the GAME return policies published on the Website at the time of the applicable order, and we may inform customers that these policies apply to items Listed by you. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to Buyers in connection with Marketplace purchases, using functionality we enable for your account. We will provide any such payments to the Buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse us for all amounts so paid. We may offset such payments against any amounts to be remitted or paid by GAME to you or seek reimbursement from you by other means. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable GAME return policies and as required by law, and in no case later than thirty (30) days after the obligation arises.

4.9. You will ensure that the customer service you provide and terms on which you offer or sell an item through the Website are at least as favourable to customers as the most favourable customer service and other corresponding terms offered by you for that item through other channels (excluding physical stores) including without limitation online channels, mobile device applications, catalogues, third party platforms or marketplaces, and other non-physical sales channels.

4.10. Subject to Section 4.7 above failure on your part to comply with all Applicable Laws or these Terms and Conditions shall constitute a material breach entitling GAME to terminate your Seller account.

4.11. At all times you are responsible for the safety and security of your Seller account and should not give details of it or of your log-in details to any other person. In the event that your Seller account and/or secure details are compromised you must immediately change any such details.

4.12 On registration you will be asked to nominate a Shop Name which you may chose yourself (provided it does not already exist in the Marketplace). The Shop Name must not be offensive or include profanity, be misleading to your business area, contain any URL information, be open to confusion with any company name which is protected by trademark law or infringe our or any third party’s Intellectual Property Rights.

4.13 Sellers must monitor communication regularly and check e-mail at least once per day.

4.14 You must monitor your Seller account daily for notification of a sale. You should not rely on e-mails to notify you of a sale and should always verify any e-mail notifications by logging into your Seller account.


Conditions and Seller’s obligations of Listing and Sale

4.15 By Listing items for sale you represent and warrant:

(i) to prospective Buyers that: you are the legal owner of the item or are properly authorised by the owner to sell the item and are able to transfer good title to the item free from any third party claims, liens or encumbrances and that the listing is accurate, current and complete and is not misleading or otherwise deceptive;

(ii) to GAME that, the item is not one that would fall within any of the Prohibited Items and the item is safe and bears any marking and labelling required under applicable law (e.g. a "CE" mark.).

4.16 Where you are Listing items for sale as a business you must by law make that clear to Buyers and potential Buyers reading your listing.

4.17 You will ensure that all content and other information you provide to us regarding each item you offer or sell on or through the Market place will be of at least the same quality, completeness, and accuracy as the highest quality and most complete and accurate content and other information displayed or used by you for similar items on other non-physical sales channels.

4.18 By uploading any Listings, content, data, files, images or other materials onto the Website, to the fullest extent that you have the legal right to do so, you grant GAME a non-exclusive, worldwide, perpetual, irrevocable, unlimited, sub-licensable, royalty-free right and licence to use, reproduce, perform, display, distribute, adapt, modify, re-format, create and exploit derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of such materials, in any existing media now or at any later date including without limitation to include such materials in the Catalogue. In addition, you waive all moral rights to the extent permitted by law (and where such moral rights cannot be waived you agree to transfer all moral rights) you have in such materials to the fullest extent permitted by law.

4.19 GAME Marketplace offers a Catalogue of stock images, descriptions and item specifications. We own or have the right through licence to use the information in the Catalogue. Sellers may use the Catalogue solely in connection with their Listings on the Website and may not copy, edit, transfer or reproduce all or any part of the Catalogue for any other purpose. GAME Marketplace makes no warranties as to the accuracy of the information provided in the Catalogue, and we are not liable for any inaccuracies. Our Catalogue may include copyright, trademarked and other proprietary materials, and you agree not to remove any such markings, or create any derivative works based on Catalogue content (other than to include them in your Listings).

4.20 Sellers must ensure that their Listings accurately describe the items that they offer for sale on GAME Marketplace and are not misleading to Buyers. In particular the condition of each item Listed must be accurately and fully described drawing attention to any functional or cosmetic defects in fair, complete and honest terms. You are solely responsible for the accuracy of all information submitted by you to be displayed to Buyers, including without limitation the country of dispatch and any limitations or restrictions on the Buyer’s ability to use such items, including, without limitation age restrictions or location restrictions. We may immediately and without notice suspend or terminate the account of any Seller we reasonably believe to be providing inaccurate or misleading information.

4.21 Sellers may add new items to the existing Catalogue by completing a template and submitting the item information to the Catalogue team. As long as it fits into our existing categories, Sellers may request an addition to the Catalogue and, if your request is accepted by us, list against it. We have the right in our sole discretion to reject any Seller request for additions to the Catalogue.

4.22 When you List an item for sale and a Buyer chooses to buy from you, you are obliged to sell the item to the Buyer at the price advertised. You must dispatch the item to the Buyer and honour the advertised price unless there was a clear mistake involved in the pricing. We may immediately and without notice suspend or terminate the account of any Seller we reasonably believe has made repeated or multiple pricing errors.

4.23 Where you have multiple quantities of a given item for sale, these must be listed under a single Listing using the quantity field to specify quantity.

4.24 It is your legal responsibility to ensure any Listing information you create and provide complies with all Applicable Laws.

4.25 You must not in your Listings or otherwise infringe third party Intellectual Property Rights

4.26 You must not make any attempt to manipulate any other Seller’s pricing or Listing in any way.

4.27 You warrant that the sale of any item you List is not in breach of any Applicable Laws, including the country in which the Buyer is resident, the country in which you are domiciled and any other country where delivery takes place. If you do not know whether the sale of an item complies with all Applicable Laws in a particular country, you should not solicit or accept an order from a Buyer resident in that country. If you are based outside of the European Economic Area (EEA), you are required to ascertain that all items you List are legally allowed into the EEA and to be sold in the EEA.

4.28 You must have and maintain all and any relevant licences or approvals necessary in order to sell your items into the EEA and must provide such evidence confirming this immediately upon request by us.

4.29 If we have reason to believe that you are in breach of the above provisions relating to the legality of sale or that you are otherwise in breach of any Applicable Law, we may immediately and without notice suspend or terminate your account at any time pending investigation of the issue.

4.30 You agree to indemnify and hold us harmless against any claim or action brought by third parties, arising out of or in connection with: (i) your use of the Website, including without limitation GAME Marketplace; (ii) your breach of these Terms and Conditions; (iii) infringement of any third party’s Intellectual Property Rights; or (iv) any item supplied by you to a Buyer.

4.31 All customer transactions take place on our platform, GAME will bear the risk of all transactional fraud, however Sellers will bear all risk of fraud and attempted fraud by Buyers through fraudulent non-delivery claims as well as risk of genuine loss or damage in transit and should be adequately insured to that effect.

4.32 We may in our sole discretion suspend or revoke your account at any time pending investigation of a fraud matter, and you shall co-operate fully with any request from us for information and/or assistance in investigating such matters.


Restrictions

4.33 We reserve the right to restrict new Sellers to a certain volume of sales or Listings or total inventory value until such time as trading history has been established. We reserve the right to change these at any time and without prior notice in the interest of our security and the security of GAME Marketplace Users.

4.34 Furthermore, we may restrict the Listing of certain items to Sellers with an established trading history and/or a certain level and score of feedback rating, or other criteria we at our sole discretion, deem necessary to ensure the security of the Website and of other Sellers and Buyers.

4.35 Item titles must be in English only, except for foreign media titles where they clearly include English subtitles.

4.36 We reserve the right to be the only person, firm or company which lists, offers for sale or sells the Restricted Items on or via the Marketplace or Website and accordingly Sellers shall not itself (or on behalf of any person, firm or company) list, offer for sale or sell Restricted Items on the Marketplace except on the conditions stated in the Restricted Items list which can be found here

4.37 Sellers may not offer for sale or List any item that is subject to a manufacturer’s release date promising despatch prior to that release date. Sellers may not offer any item for sale or List any item where such listing would be in breach of any lawful selective distribution agreement.


Fulfilment, Dispatch and Delivery

4.38 GAME will through the Marketplace confirm each order placed to the Seller and the Buyer.

4.39 Sellers will then have up to one Business Day to accept the order and confirm it to the Buyer via the Marketplace, unless a longer delivery period is clearly stated in the Listing (as may be the case for example where a Product is to be customised to the Buyer’s requirements) or where a longer period is agreed between the Buyer and the Seller. Sellers must dispatch items within one Business Day of acceptance of the order unless next day delivery is requested and paid for by the Buyer. Sellers must use a shipment method that ensure delivery to the customer within 3 working days (for example Royal Mail 2nd Class). Where next day delivery applies the Seller must confirm or reject the order on the day of order placement (unless the order is placed after your stated cut-off in which case on the next day) and ship the item on the day of acceptance.

4.40 If an order is shipped and monies transferred but the item is not received by the Buyer then the Seller must resolve the situation promptly with the Buyer. If a refund is agreed then Game will issue a refund to the Buyer and reverse the amount from your account. Where agreement is not reached between the Buyer and the Seller in accordance with the Fair Play Policy at section 5 GAME may issue a refund to the Buyer and Debit the Seller’s account.

4.41 Unless the Buyer and Seller expressly agree otherwise, the following terms and conditions will apply to the contract between the Buyer and Seller for the sale of the relevant item: (i) Seller shall make all postage and/or delivery charges visible to the Buyer at the time of ordering. (ii) Customs, import, export and excise duty, VAT and any other taxes associated with the sale (if applicable) will be included in the price shown in the Marketplace where the Buyer is located within the European Union. (iii) It is the Seller’s responsibility to determine, collect and remit the applicable VAT, customs, import, excise duties and any other taxes associated with the sale where the Buyer is located within the European Union. (iv) the sale will be subject to all terms implied by Applicable Law. (v) the contract between the Buyer and Seller will be governed by the laws of England and Wales and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England and Wales. (vi) The Seller is solely responsible for, and bears all risk and liability for sourcing, storing, selling, fulfilling and delivering all orders placed with it by Buyers.

4.42 When a Buyer places an Order, Game will take payment and send a reserve notice to the Seller. Sellers must ensure they accept the Order within 1 Business Day and ensure they reserve stock for all placed Orders. If an Order is not accepted within 5 days (including weekends) the Order will automatically be cancelled. Once accepted Sellers must ship the Order in accordance with the terms stated in their Offer or in accordance with our stated service level agreement.

4.43 Once we have processed the Buyer’s payment and you accept their order, the status of the order will change to ‘Accepted’. If the Buyer’s payment is not authorised, we will inform you and the order will be cancelled automatically.

4.44 In the event that the Buyer’s payment has already been processed and: (i) you reject an order; (ii) the item is not dispatched by you for any reason; or (iii) the Buyer returns the item to you, we will refund the purchase price to the Buyer and the status of the order will change to refunded.

4.45 When a Buyer places an order, we will send the Buyer e-mails confirming the details of the item they have ordered and information regarding the processing of their payment. Once you have accepted an order, we will send the Buyer an e-mail confirming this and the dispatch of their item, and follow-up e-mail invitations to leave feedback about you. You may only send e-mails to the Buyer to confirm your acceptance of their order, dispatch of their item, estimated delivery date, informing them of your terms and conditions, including without limitation your delivery terms and refund and returns policy, and in response to any specific questions about an item that you receive from the Buyer.

4.46 We reserve the right to suspend or remove access to the service for Sellers who are frequently unable to dispatch goods inside of 1 Business Day. We may immediately and without notice suspend or terminate the account of any Seller who repeatedly fails to adhere to this 1 Business Day dispatch requirement.

4.47 You are responsible for the performance of any services you employ or sub-contract in order to fulfil your orders, including postal services or couriers. If a service you have employed to fulfil your order is unable to meet their obligations and thus your obligations, you must refund the Buyer immediately and take up the dispute directly with the service operator.

4.48 Proof of postage does not equate to proof of delivery and Sellers are expected to obtain the necessary insurance in order to make a claim in the event that an item is reported as missing or lost.

4.49 You are responsible for any non-delivery, mis-delivery, theft or other mistake or act in connection with the fulfilment and delivery of items Listed and sold by you.


Refunds and Buyer claims

4.50 When selling items to Buyers, you must inform them of your returns policy and their withdrawal rights. We strongly recommend that you seek further information regarding consumers’ statutory rights under the Applicable Laws of the Buyer’s country of residence.

4.51 Full or partial refunds can be requested by both a Buyer and Seller and can be accepted by the Seller and Game in line with our Fair Play Policy.

4.52 If you refund the full amount or more, the Seller commission fees that you paid in respect of that transaction will be credited back to you in full. If you process a partial refund to a Buyer, you will not be reimbursed fully for Seller commission fees.

4.53 Sellers are responsible for resolving Buyer complaints. However in certain circumstances we may engage with a Seller to ensure that a Buyer issue is resolved as set out in our Fair Play policy. Sellers are expected to reply to Buyer emails and messages within one Business Day of receipt of an email or message.


VAT and Other Charges

4.54 The price of any items sold on GAME Marketplace is the amount due for the sale regardless of customer location and includes, where appropriate, VAT and other indirect taxes which may be applicable in the case of Buyers located within the European Union. In the case of Buyers located outside the European Union the Buyer will be liable for any additional import taxes or duties imposed by the applicable tax authorities in their country. Such tax authorities may require payment of such taxes or duties before of the items purchased.

4.55 The business relationship between you and us may be subject to VAT. In certain circumstances, you could be liable for VAT in your country or in your country of residence or in the United Kingdom. We strongly recommend you to check whether you have to declare VAT to the tax administration of your country or not. We require a valid VAT identification number from EU Sellers who are VAT-registered. EU Sellers must notify us of any change in their VAT status.

4.56 It is your responsibility to collect any applicable taxes, whether VAT, customs duties or excise taxes, and to report and remit such taxes to the appropriate tax authority.

4.57 Sellers do not necessarily need to be VAT registered to sell on the GAME Marketplace but where the Seller is VAT registered it must complete all relevant details at the time of setting up its Seller Store to ensure that Buyers are provided with the necessary information at time of sale, and must issue a VAT invoice in respect of each transaction where the Buyer so requests. It is the sole responsibility of the Seller to ensure that it meets all of the indirect tax obligations of a Seller in the country in which sales are made.


Fees and Seller Payment

4.58 Fees, charges, subscriptions and commissions are as shown in the commission grid associated with your account. Sellers can access the commission grid by logging in to marketplace.game.net with their Shop Account, selecting “Information” from the left hand menu and then choosing Commission Fees

4.59 All fees, charges, subscriptions and commissions are quoted exclusive of VAT which will be charged in addition at the applicable rate at the time.

4.60 GAME may amend the commission grid at any time by giving 30 days’ notice. Where the commission grid requires amendment due to error Game may correct it immediately without prior notice to Sellers but will always try to give notice where possible.

4.61 Invoices for settlement of Seller accounts will be generated weekly.

4.62 Settlement will be made within 3 days of invoice generation by transfer of funds to the bank account nominated at the time of registration or as subsequently notified by the Seller to Game in writing. Where Seller bank account details are found to be incorrect however the Seller account will be suspended until the bank account details are corrected. Any failed payment attempt will then be corrected and included in the next payment run.

4.63 Settlement will be after deduction of all fees, charges, subscriptions and commissions due.

4.64 Invoices will be raised and settlement made based on shipments deemed received by the Buyer. Shipments are deemed received 14 days after they are transferred to “Accepted” status by the Seller.

4.65 All orders remain open for 30 days after the date on which they are deemed received by the Buyer or until any query raised within the 30 day period has been resolved. Whilst they are open they are subject to challenge by the Buyer. After they cease to be open orders are closed and unavailable to queries. Whilst an order is open any sums settled against that order can be reversed from the Seller account until any query raised is settled.

4.66 We reserve the right to delay, suspend or terminate any sale, Listing and/or your account, including access to your Seller account funds, immediately on notice in the following circumstances: (i) we have reasonable grounds to believe you are in breach of these Terms and Conditions; (ii) we have reasonable grounds to believe you are in breach of any Applicable Laws; (iii) we receive any challenge, query or complaint from any governmental or regulatory authority or agency or industry body relating to your Listing or Seller Store; (iv) there are amounts overdue from the Seller to GAME Marketplace; (v) the Seller has accrued an unreasonable level of debt on their account due to the numbers of refunds exceeding sale; (vi) any action is taken, or failure to take action is perpetrated by you that in our sole opinion reflects badly on the GAME Marketplace or the Website and is harmful to our business operation or reputation; or (vi) you abuse or act discourteously toward any Buyer.

4.67 Upon termination of your registration, we will after exhaustion of 60 days from the deemed date of delivery of the final order, transfer any remaining balance after all fees, charges, subscriptions and commissions as well as any refunds due to Buyers have been deducted, to your bank account.


THE FAIR PLAY POLICY

Conditions for which Buyers must observe.

5.1 The Fair Play policy helps to ensure that Buyers may shop with confidence on GAME Marketplace. It offers a refund of a purchase to a Buyer in the event that the Buyer is unable to resolve a dispute with a Seller despite having made efforts to do so.

5.2 In the event of a dispute with a Seller where a Product is received that is damaged, defective or not as described by the Seller the Buyer is obliged to attempt to resolve this dispute to the best of its ability with the respective Seller, including contacting the Seller first and foremost using the “Contact Seller” button in your order history within three Business Days. The Buyer should communicate with the Seller in the English language using the GAME Mail system otherwise we may be unable to assist in resolution of your issue.

5.3 In the event that the parties are still unable to resolve the dispute the Buyer may appeal to us for a refund under the Fair Play Policy. We will examine the case within a reasonable time frame. Both Buyer and Seller may at our discretion be required to submit further information regarding the sale and warrant that the information you provided is fair and true.

5.4 The Buyer is obliged to return the item to the Seller in the event that it is defective or not as described by the Seller, or in the event that the Buyer claims non-delivery of an item which subsequently arrives. The Buyer must comply with Seller’s return policy in order to be eligible for a refund from the Seller.

5.5 The Buyer may only make one Fair Play Policy claim per item. Buyers are restricted to three Fair Play Policy clams during a 12 month period from the first claim.

5.6 The Fair Play Policy does not apply to purchases which have been refunded in full or which have been subjected to a ‘chargeback’ by the Buyer’s credit card, or purchases from Sellers who are subsequently declared bankrupt, liquidated or placed into administration. Conditions which Sellers must observe.

5.7 In the event of a dispute (labelled ‘incidents’ in the seller back-end) with a Buyer you are obliged to respond within one Business Day to the Buyer’s complaint and to attempt to resolve the dispute to the best of your ability with the respective Buyer directly. You should communicate with the Buyer using the GAME Mail system and in the English language.

5.8 If such a dispute cannot be resolved satisfactorily and the Buyer submits a Fair Play Policy claim we will contact you in order to ascertain more information about the order, and to determine whether the sale was conducted in compliance with these Terms and Conditions.

5.9 Such requests for information must be responded to within one Business Day. If you fail to respond to us within 3 Business Days, or send a reply containing insufficient or incomplete information, this may result in the sale being reversed and the Buyer being refunded from your Seller account.

5.10 You acknowledge and agree that if you fail to comply in full with these Terms and Conditions during the process of Listing and selling an item, we may reverse the sale and you explicitly agree that we may refund the Buyer and take the sum of any refund from your Seller account.

5.11 If you have complied in full with these Terms and Conditions and the item supplied was in all respects compliant with the Listing then the claim may be rejected.

5.12 Sellers who receive high amounts of claims from Buyers may have some or all of their account privileges revoked, including without limitation suspension or termination of their Marketplace Seller account.


MISCELLANEOUS

6.1 Waiver Any delay or failure by us to enforce any of the provisions of these Terms and Conditions does not imply waiver by us of the right of enforcement and we reserve all such rights of enforcement.

6.2 Severability If any term of these Terms and Conditions or the contract between us arising from your acceptance is deemed invalid, void or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

6.3 Assignment You may not assign, novate or otherwise transfer, the contract created by your acceptance of these Terms and Conditions or any rights or obligations there under without our prior written permission. We may assign, transfer or otherwise transfer our rights and obligations to another member of the GAME Group or to any acquirer of any substantial part of the GAME business or the assets of GAME.

6.4 No Warranties Your use of the Website and the Marketplace is on an as-is basis and we give no warranty that the performance or functionality of the Website and the Marketplace will meet your requirements. You therefore use them as well as any services provided through the Website at your own risk. We make no warranties that the Website and the Marketplace will be uninterrupted or without error or that the specification and quality of any item that you buy through the Marketplace will meet your expectations. We may temporarily suspend access to the Website and the Marketplace for maintenance and development purposes.

6.5 Limitation of liability. You understand and you agree that we (including all members of GAME Group, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable to you in contract, tort (including negligence) or otherwise for any: (i) loss of profits (whether direct or indirect); (ii) loss of data; (iii) loss of opportunity; (iv) loss of anticipated savings; or (v) any indirect, incidental, special or consequential damages; arising out of or in connection with these Terms and Conditions, your use of or inability to use the Website, the Marketplace or your account, or your sale of any item via the Marketplace, or messages received or feedback posted to the Website, even if we have been advised of the possibility of such losses.

Our aggregate liability for any other damages of any kind arising out of or in connection with these Terms and Conditions and the contract between you and us that arises on your registration will not exceed at any time the total amounts during the prior 6 (six) month period paid by you to us pursuant to this contract. In assessing that figure sums paid by you for purchases made in the Marketplace (if any) are excluded.

Nothing in these Terms and Conditions seeks to or shall have the effect of limiting or excluding our or your liability for fraudulent misrepresentation, for death or personal injury resulting from our or your negligence or the negligence of our or your agents or employees or for any other liability that cannot be limited or excluded by law.

Where you act as a consumer and not in the course of a business nothing in this Condition 7.5 has the intention or effect of limiting your statutory rights.

6.6 Game not Liable for User Disputes All transactions carried out in the Marketplace are between the Users involved and are not between any User and GAME (unless Game is acting as a Seller in accordance with Condition 2.8 above in respect of that transaction). If you have a dispute with another User, you absolve us and all other members of the GAME Group, as well as our employees, directors, officers, representatives, agents and contractors, from all claims, demands and damages (whether direct or consequential, actual or contingent) whatsoever, arising out of or in any way connected with such dispute.

6.7 Consequences of Breach You indemnify us in full and hold us harmless against any losses, costs and expenses including reasonable legal fees, we incur arising out of any breach by you of these Terms and Conditions or your unlawful acts and omissions or infringement by you of the rights of any third party.

6.8 Relationship of Parties Nothing in these Terms and Conditions will be construed as creating a partnership, joint venture, agency (save as stated above), franchise, sales representative agreement or employment relationship between you and us and the relationship between you and us is one of independent contractors.

6.9 Notices We will send notices and other communications to you at the e-mail address you have provided to us or by posting them on the Website or by first class post. You must send all notices and other communications to us by email or by using the applicable Contact Us link on our website. Any notices sent by e-mail or via the Contact Us button will be deemed to have been received 24 hours after the time sent by the sender. Any notices sent by first class post to the address held on file in the Seller account will be deemed to have been received on the next Business Day. Any notices posted by us on our Website will be deemed to have been received when you next use the Website, unless they are deemed to have been received at an earlier date under the provisions above in this Condition 6.9.

6.10 Force Majeure We will not be liable for any delay or failure to perform any of our obligations where we are prevented or delayed by factors beyond our reasonable control including but not limited to any failure or disruption of internet services or connectivity, any scheduled or unscheduled maintenance requirements, failure or disruption of public utilities, fire flood or storm, industrial disputes or any Force Majeure Event.

6.11 Surviving Provisions All provisions in these Terms and Conditions, that by their nature are intended to survive expiration or termination shall survive any expiration or termination of the contract created by your acceptance.

6.12 Third Party Rights These Terms and Conditions once accepted by you as a User at time of registration (and as may be amended from time to time) constitute a legal contract between you and GAME. A person who is not a party to such contract has no right to enforce these terms whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

6.13 Governing Law and Jurisdiction These Terms and Conditions and the contract established by your acceptance of them shall be construed in accordance with and governed by the laws of England and Wales and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.


Prohibited Items

• Offensive materials including any materials exhibiting and discriminatory characteristics or content

• Obscene and pornographic materials

• Firearms, ammunition, weapons and poisons

• Stolen goods

• Advertisements and advertising materials

• Items infringing others Intellectual Property Right including pirated software and recorded materials

• Illegal and prescription drugs

• Items which cannot be legally sold or distributed under Applicable Law

• Any other items that we reasonably designate as Prohibited items from time to time.

• No games, hardware or other products which include ‘Only at GAME’ branding or similar, unless approved in writing in advance by GAME.


Restricted Items

• No Third party Nintendo accessories unless approved in writing in advance by GAME

• No New Release Games can be offered for sale by a marketplace seller for the first 4 days from release date (if stocked by GAME) .

• No pre-orders can be offered

• No Xbox One, PS4 Hardware (or future consoles, handhelds or devices) can be sold unless approved by GAME Commercial dept.

• Any Restricted Items specifically designated by GAME at any time.

• Software New Release can be offered for sale by sellers if GAME have chosen not to stock a title, once approved by the relevant GAME buyer.

• No Digital or Download product will be sold via marketplace seller.