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Trade In Online Terms and Conditions

Trade In Online Terms and Conditions

Untitled Document

Trade In Online Terms & Conditions

Trade In Online Terms & Conditions

Click here to view the Trade In Terms & Conditions for GAME Stores


OUR TERMS

1. THESE TERMS COVER

1.1 What these terms cover. These are the terms and conditions on which we supply our online trade-in service to you.

1.2. Why you should read them. Please read these terms carefully before you use our online trade-in service. These terms tell you who we are, how we will provide the online trade-in service, how you and we may change or end the contract, what to do if there is a problem and other important information.


2. INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 We are Game Retail Limited a company registered in England and Wales. Our company registration number is 07837246 and our registered office is at Unity House, Telford Road, Basingstoke, Hampshire, RG21 6YJ. Our registered VAT number is 7837246.

2.2 How to contact us. You can contact us by telephoning our customer service team at 0208 827 0099 or by writing to us at customer.services@game.co.uk or GAME Customer Service, Unity House, Telford Road, Basingstoke, RG21 6YJ

2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us or as updated on your GAME One Account.

2.4 You agree to inform us if your name, email address or any other contact or personal details provided change by contacting our customer service team on the number or email address set out in clause 2.2 above and you agree that we will not be responsible for missed notifications if you have not kept your contact details with us up-to-date.

2.5 "Writing" or “written” includes emails.


3. DEFINITIONS

4. IN THESE TERMS AND CONDITIONS, THE FOLLOWING WORDS WILL HAVE THE FOLLOWING MEANINGS:

4.1 “Contract” means the contract formed between you and us as set out in these Terms and Conditions for the sale, recycling, or return of your Item, as applicable;

4.2 “Tech” means such mobile phones and tablets as we indicate from time to time on our Website;

4.3 “Item” means each item which you wish to sell to us in accordance with these Terms and Conditions;

4.4 “Games” means selected PS4, Xbox One and Nintendo Switch physical games as we indicate from time to time our Website;

4.5 “Package” means the package, parcel or box that you send your Item to us in;

4.6 “Service” means the online trade-in service in relation to Tech Items and Media Items that we provide to you via the Website under these Terms and Conditions;

4.7 “we/us/our” means Game;

4.8 “Website” means www.game.co.uk and also includes any other web-services or mobile applications on which you may sell your Items to us;

4.9 “Working Day” a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;

4.10 “you/your” means you, the person using the Website and sending an Item to us to be purchased by us or recycled as set out in these Terms and Conditions.


5. USE OF THE SERVICE

5.1 You must have a GAME One Account before you can use the Service. The Website has been developed for use by members of the general public only and not by businesses, organisations, co-operatives or traders (whether sole, market or otherwise).

5.2 By placing an order through the Website, you are confirming to us that:

(a) you are an individual consumer who is legally capable of entering into binding contracts;

(b) you are the legal owner or have the permission of the legal owner to sell Items to us;

(c) you are at least 18 years of age or, if you are under 18 years of age, you have obtained your parent’s or guardian’s consent to sell your Items to us for the valuation indicated on the Website;

(d) you are based in the UK or Channel Islands; and

(e) you are accessing the Website from the UK or Channel Islands.

5.3 We reserve the right at our absolute discretion to reject transactions which contain multiple Games Items of the same barcode or multiple Tech Items of the same brand and model, and to reject repeat transactions that contain the same Games Items or Tech Items that have been traded before by you, from your account with us. By placing an order through the Website you acknowledge and agree that any such Items will not be paid for or returned and will be disposed of by us responsibly.

5.4 By placing an order through the Website you agree and expressly warrant that prior to selling your Games Items that you have not "ripped", digitally copied or made any other type of illegal copy of the entertainment products that you are selling. You will be responsible for any losses, expenses or other costs we incur as a result of your failure to comply with this obligation.


6. WHAT CAN YOU SELL TO US?

6.1 You can sell Tech and Games to us via our Website.


7. HOW DO YOU SELL AN ITEM?

7.1 Selling Process The process for selling an Item via our Website is as follows:

(a) You will be asked to select the type of Item you wish to sell;

(b) For Games, you will be able to search for the Games Item and will be required to select the description of the Games Item you are selling;

(c) For Tech Items you will be asked to:

(i) Find the Item using the search function;

(ii) Select the make and model of your Item;

(iii) Select the memory size;

(iv) Select whether the Item is unlocked or locked to a network; and

(v) Select the condition of the Item.


7.2 For both Tech and Games you will then be provided with a valuation for your Item (“Valuation”).

7.3 If you have further Items to sell, you can add these to your order subject to the following restrictions:

(a) Your combined sale order Package must not exceed one delivery box using one Royal Mail delivery label only. If you wish to send Items which exceed the size of one box, you must place a separate sale order per box.

(b) You must not send more than two (2) Tech items per sale order, in accordance with Royal Mail shipping policies as detailed here: www.royalmail/prohibitedgoods.

(c) Please refer to Clause 10 for detailed instructions on how to send us your Item(s).


7.4 Once your order is complete and you are happy with the Valuation, if your order contains a Tech Item, you will be required to remove any existing account from the Item.

7.5 How to place your order You can place your order by following the following steps:

(a) Click on the “Confirm your order” button;

(b) Log into your Game Account;

(c) Read these terms and conditions, before clicking “Accept Ts and Cs”;

(d) Confirm how you want to be paid – payment options are either Paypal, or GAME Wallet Top Up; and

(e) Click “Confirm your order” to confirm and place your order.


7.6 Valuations Our valuation process is as follows:

(a) Games Items – provided your Games Items meet our Quality Criteria (see clause 14 below), the Valuation we offer will remain valid for 14 days from the date you place your order.

(b) Tech Items – provided your Tech Items passes the Quality Assessment (see clause 15 below) the valuation we offer will remain valid for 14 days from the date you place your order. If your Items do pass our Quality Assessment we may re-value your Items in accordance with clause 15.7 (below).

(c) You must only use the valuation service on the Website to value Items that you own and are considering selling to us.

(d) By placing an order on the Website, you are confirming to us that you understand, accept and agree that we will only provide payment based on Valuations that we have made and that no other valuations by any other method or source will apply.

(e) Valuations are strictly for use with trade-ins made via the Website and cannot be used to price match trade-ins made in any of our stores.


7.7 How and when is our contract with you formed? The process for completion of the Contract between us and you is as follows:

(a) When you click “Confirm your Order” you are offering to supply your Item(s) to us for the price we state in our Valuation.

(b) All orders are subject to our acceptance and we will confirm our conditional acceptance to you in writing by sending you an email that confirms that your order has been processed and the Item(s) should be sent to us (Order Confirmation). We will assign an order number to your order and tell you what it is when we send the Order Confirmation. It will help us if you can tell us the order number whenever you contact us about your order.

(b) All orders are subject to our acceptance and we will confirm our conditional acceptance to you in writing by sending you an email that confirms that your order has been processed and the Item(s) should be sent to us (Order Confirmation). We will assign an order number to your order and tell you what it is when we send the Order Confirmation. It will help us if you can tell us the order number whenever you contact us about your order.

(c) The Contract between you and us will only be formed when we send you the Order Confirmation and is conditional upon your Item(s) meeting our Quality Criteria.

(d) The sale of each Item included in an order and confirmed in the Order Confirmation constitutes a separate Contract between you and us, even if there are a number of Items involved in one Order Confirmation and/or if you send them to us in one Package.

(e) As payment for your Item we will pay you the amount of the Valuation or re-valuation (as applicable) OR, where applicable, arrange disposal of your Item for free. By placing your order on our Website you acknowledge and agree that this is adequate payment for your Item.

(f) Nothing in these Terms and Conditions shall prevent us from being able to change the Valuation of your Item if your Item does not meet our Quality Criteria.


8. YOUR RIGHT TO CANCEL THE CONTRACT

8.1 You have the legal right to change your mind and cancel your Contract with us within 14 days beginning on the day after your Contract is formed with us (being the date of the Order Confirmation) – the “Cancellation Period”.

8.2 By clicking “Confirm your Order” you agree that we may immediately begin providing the services.

8.3 Once we have completed the services you acknowledge that cannot change your mind, even if the Cancellation Period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

8.4 If you wish to exercise your right to cancel, please either

(a) Phone. Call customer services on 0208 827 0099. Please be ready to provide your name, home address, details of the membership and / or where available, your reward account number, phone number and email address;

(b) Email. Email us at customer.services@game.co.uk. Please provide your name, home address, details of the membership and, where available, your reward account number, phone number and email address;

(c) Post. Write to us at GAME Customer Service, Unity House, Telford Road, Basingstoke, RG21 6YJ. Please provide your name, home address, details of the membership and, where available, your reward account number, phone number and email address;

(d) Cancellation Form. Complete the form at Annex 2 and email or send to us at the contact details set out above.


9. DATA REMOVAL

9.1 Before sending your Item to us please ensure that you have:

(a) Removed any passwords and access restrictions (including for any linked accounts, eg Apple iCloud);

(b) deleted all 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 (“Data”) that is or may be stored on your Tech Item;

(c) removed any SIM, media storage, memory cards or similar devices from your Tech Items; and

(d) disabled any data receiving functions such as wifi, Bluetooth or 3G.


9.2 We shall have no liability for any losses, claims or damages arising in respect of any Data which you fail to delete from your Tech Item (whether knowingly or unknowingly).

9.3 You accept and acknowledge that it is your responsibility to remove Data from any Tech Item prior to sending it to us and to cancel any contracts linked to the Item.


10. HOW TO SEND YOUR ITEMS TO US

(a) Provided you have successfully placed an order to sell your Items via the Website in accordance with these Terms and Conditions, and you have placed an order with a minimum Valuation of £5, you can send your Items to us for free via Royal Mail’s Tracked Delivery Service. For postage instructions please click here Comply with our packaging advice set out on our Website.


11. INSURANCE

11.1 Your shipment will be insured by Royal Mail to a maximum value of £100 inclusive of loss and damage (subject to change). Details of insurance cover will be provided by Royal Mail upon shipping of your Package.

11.2 If you wish to make an insurance claim for a lost or stolen package you should contact Royal Mail directly. Alternatively, you can follow the steps set out in Clause 13 below.


12. RESTRICTIONS

12.1 You may only use the Royal Mail Tracked Delivery Service to send us Items which you are selling to use. If we receive any other items in a Parcel you send us, we reserve the right to charge you a reasonable administration fee to reflect the costs we incur in providing you with that service.

12.2 You may not use the Royal Mail Tracked Delivery Service to send us any Restricted Items, which are listed here.

12.3 We and our carriers accept no liability whatsoever for any losses or harm arising from carriage of any Restricted Items provided by or on behalf of you.

12.4 You acknowledge and understand that we have a number of legal obligations to comply with in respect of the carriage of Items, including but not limited to an obligation not to carry or accept for carriage Items that are deemed to be "Dangerous Goods" as defined in the Packaging and Labelling of Dangerous Substances Regulations 1984, the Classification, Packaging and Labelling Regulations 1983, the Radioactive Material (Road Transport) (Great Britain) Regulations 1996 and the Carriage of Explosives by Road Regulations 1996.

12.5 You will be liable for any loss, damage or liability arising from our breach of these legal obligations as a result of transportation of your Package or any other item you use or attempt to use our Delivery Services to send.


13. LOST OR STOLEN PACKAGES

13.1 If you believe that your Package has been lost, damaged or stolen (subject to our confirmation that we have not received your Package) you will be required to provide a valid returns receipt which you will have been provided with by the relevant carrier (being the Post Office).

13.2 It is your responsibility to obtain a receipt from the carrier and retain this for tracking and insurance purposes. If you cannot provide a valid returns receipt for the Package you wish to claim for then you may not be able to claim for any loss or damage to your Package.

13.3 You must notify us in writing of any loss or damage, giving rise to a claim within 28 days of the date on which your Package was accepted by the Post Office or (the date of which will be shown on your returns receipt.)

13.4 If you fail to provide a valid receipt within 28 days of the date of your returns receipt, we shall not be liable for any loss or damage, save in the event that you are able to demonstrate to our satisfaction that it was not reasonably possible for you to advise us or make such claim in writing within the 28 day time period and subject to you then providing such advice or claim within a reasonable time.

13.5 We shall be entitled to make such investigations as we deem necessary to satisfy ourselves of the validity of any such claim.

13.6 In calculating the value of any claim we shall accept no other valuations than our own for the Items that you may be claiming for and under no circumstances do we accept any liability for any other loss, damage or compensation resulting from the use of our Delivery Services.

13.7 We will notify you in writing of the outcome of our investigation and, if your claim is successful, payment of the Valuation will be made via the payment method specified in your account on the Website.


14. QUALITY CRITERIA – GAMES ITEMS

14.1 When we receive your Games Items we will assess them to determine whether they meet our Game Items Quality Criteria.

14.2 If your Game Items do not meet our Games Items Quality Criteria, we can reject and recycle them at our discretion and make no payment for them.

14.3 Our decision as to whether a Games Item meets our Quality Criteria is final

14.4 Our Quality Criteria for Games Items are as follows:

(a) All original disks must be present;

(b) All products must be fully playable and functioning;

(c) Disks must be in a case with a matching cover or sleeve;

(d) All covers or sleeves must be present;

(e) All covers and disks must not be irretrievably damaged or incapable of being refurbished, eg. cracked or badly scratched disk, torn, ripped case, sleeve or cover;

(f) The cover, artwork and sleeve must not be defaced in any way;

(g) The case must not be cracked or damaged;

(h) The product, artwork and sleeve must be original;

(i) The Item we receive must contain a barcode which matches the barcode you entered on our website for a valuation;

(j) The Item we receive must be the UK version of the product;

(k) In respect of collectors/ special edition Items, the original game case, sleeve (with visible barcode) and disc must be present; and

(l) The Item must be in a format that we accept. For the avoidance of doubt we only accept games on the following formats– Playstation 4, Xbox One and Nintendo Switch.

14.5 We will inform you via email within ten (10) days of completion of our assessment if your Item does not meet our Quality Criteria, You will not receive any payment for a Games Item that does not meet our Quality Criteria. We are not able to return any Item that fails our Quality Criteria and we will recycle such Items responsibly.

14.6 Any items you send us which you did not include in your order will be deemed not to meet our Quality Criteria. We will not return such item to you or provide any payment in respect of such item. We will recycle such items responsibly.


15. QUALITY ASSESSMENT – TECH ITEMS

15.1 When we receive your Tech Item we carry out an assessment on it to determine whether it matches the description you provided for it when you placed your order on the Website (“Quality Assessment”).

15.2 Tech Items will automatically fail the Quality Assessment if the Item that you have sent to us is NOT as you have described it when you entered the details of this Item on the Website. They will also fail the Quality Assessment if the Package in which the Item is sent, does not have the label provided in your confirmation email clearly displayed on the outside of the Package.

15.3 Each Tech Item that you sell to us should match, where applicable, and including but not limited to, the make, model, size, colour and condition that you select when using the Website to sell your Tech Item to us.

15.4 When we carry out a Quality Assessment of your Tech Item we will use the Condition Specifications as updated from time to time which were presented to you on the Website when you described the condition of the Item in order to receive our Valuation. The Condition Specifications set out on the desktop and mobile versions of our website supersede all others, including those on our mobile applications, as those Condition Specifications found on our mobile applications may from time to time become outdated due to new app versions releases. You can find a copy of the Condition Specifications here. and in Clause 15.5 below.


15.5 Our Condition Specifications for Tech Items are as follows:

(a) All Tech Items must be in working condition;

(b) All security locks must have been removed (including iCloud and Find My Phone);

(c) All Tech Items must contain a working battery if required for use;

(d) All memory and internal storage must be wiped;

(e) All SIM and media storage cards must have been removed (otherwise they will be destroyed);

(f) All Tech Items must not have been registered as lost or stolen (see Clause 18 for further information);

(g) All user accounts must have been removed (including iCloud, Samsung or Google);

(h) All Tech Items must comply with our grading criteria as listed below:


(i) Good condition:

(A) Good general condition, can have slight cosmetic marks or scratches on the body or the screen;

(B) Fully functional and in good working order;

(C) All buttons work;

(D) All features work eg. screen, wifi etc;

(E) Original box is not required;

(F) Battery must be included;

(G) Charging plug not required; and

(H) Account removed (iCloud, Samsung or Google);


(ii) Fair condition:

(A) Fair general condition, can have visible scratches on the body and the screen that can be felt with a fingernail;

(B) Fully functional and in good working order;

(C) All buttons work;

(D) All features work eg. screen, wifi etc;

(E) Original box is not required;

(F) Battery must be included; and

(G) Charging plug not required.


15.6 The condition you described the Tech Item to be in, when selling it to us on the Website directly affects the price we offer for it and if we determine the condition to be different from that which you described we may offer you a revised valuation in accordance with the procedure below.

15.7 If you:

(a) fail to send your Tech Items to us within fourteen (14) days from the date that you place your order; and

(b) we have not processed your Tech Items at our warehouse within the fourteen (14) days from the date that you place your order,

we shall have the right, at our discretion to revalue your Items.


Revaluation

15.8 If your Tech Item is a different make or model to the make or model you select on the Website, or if the phone is locked to a network when you have selected unlocked, we reserve the right to revalue the item accordingly, and we will pay such revaluation to you in accordance with clause 19, however in such a case the following provisions of this clause 15 shall not apply.

15.9 Subject to clause 15.8, if your Tech item fails our Quality Assessment process or we have the right to re-value your Item in accordance with clause 15.7, we will contact you via email and inform you of the new valuation we have determined for the Item.

15.10 You have four (4) days known as the ‘Grace Period’ to accept or decline the revised Valuation that we have provided to you on email. To be clear, this four (4) day period begins when the revised valuation email is sent to you and ends 96 hours later.

15.11 In this email you will have the option to ‘Accept’ or 'Reject’ our revised Valuation.

15.12 You must either accept or reject our offer by clicking the relevant button on the email and following the link within the Grace Period. Failure to do so in the exact manner described, or outside of the Grace Period specified, will result in us proceeding with your transaction at the revised Valuation.

15.13 For the avoidance of doubt, we do not accept notification of rejected offers in any other format. You understand, accept and agree that our Valuation of the item is final and no discussions will be entered into regarding the Valuation that we place on the Item once it has been through the Quality Assessment.

15.14 If you accept the revised valuation, the new price agreed between you and us for the Item will be updated in the relevant order. This revised Valuation will be the new price paid for that Tech Item. We will send you an email to confirm the revised Valuation.

15.15 The revised Valuation is the last and only price we will offer you for the Tech Item in question.

15.16 If you choose to reject the revised valuation offered within the Grace Period then we will return your Item to the address you have provided in your GAME One Account at no additional cost.

15.17 If you take no action and do not respond to this revised valuation email correctly within the Grace Period then we will automatically process payment for the Tech Item at the revised Valuation price we have sent to you. You accept and agree that we are not liable in any way whatsoever for any loss of any kind, direct or indirect which you may suffer as a result of your failure to act within the Grace Period and ‘Accept’ or 'Decline’ the revised Valuation.

15.18 In this instance we will not return the Tech item to you and we will pay you the revised Valuation for the Tech item.

15.19 We assume no responsibility whatsoever for any errors in the details that you provide in your GAME One Account and it is your sole responsibility at all times to ensure that the Payment Details you have provided on your GAME One Account are correct, complete and accurate.


16. RETURNING TECH ITEMS

16.1 If reject the revised Valuation within the Grace Period, we will return the Item using our selected courier to you at no additional cost. We will dispatch the Item on the first Working Day after the Grace Period has expired (day 5).

16.2 You must ensure that the address details provided in your GAME One account are valid, accurate and correct and you accept and agree that we shall not be liable for any loss of any kind that you may incur due to Items being returned by us to an invalid or incorrect address as a result of your failure to provide valid, accurate and up to date address details in your GAME One. Please be aware that your Item will only be delivered to the address that you provide.

16.3 If you have not received your Item within 7 days of posting you must notify our customer services team (contact details are available at clause 21). If you fail to notify us within this time period, we shall not be responsible for any loss or damage you experience as a result of the non-delivery.

16.4 Once we have received your notification of non-delivery you will need to complete a ‘Letter of Denial of Receipt’ (a copy of which we will provide you with) within 7 days of us providing you with the same. If you fail to submit a Letter of Denial of Receipt in accordance with our instructions within 7 days we shall not be liable for any loss or damage incurred as a result of non-delivery.

16.5 We shall be entitled to make such investigations as we deem necessary to satisfy ourselves of the validity of any such claim and will liaise with the relevant carrier to confirm if non-delivery has occurred.

16.6 In the event that the courier notifies us direct that a Package has been “Lost in Transit” (meaning that the Package can no longer be tracked or located by the courier for delivery to the customer) you will not be required to complete a ‘Letter of Denial’. We will conduct our own internal investigations and once we are satisfied that the Package cannot be located and delivered to you, we will contact you in writing to confirm that your Package has been Lost in Transit and provide you with payment of the Valuation in accordance with Clause 15.8.

16.7 In calculating the value of any claim we shall accept no other valuations than the Valuation determined in accordance with Clause 15.8 for the Items that you may be claiming for and under no circumstances do we accept any liability for any other loss, damage or compensation resulting from our return of your Item.

16.8 If your claim is successful then we will notify you in writing and payment of the Valuation will be made via the payment method specified in your account on the Website.


17. ACTIVATION LOCKED DEVICES

17.1 We do not accept :

(a) iOS devices which have not been removed from iCloud, have Find my iPhone turned on or are subject to any other iOS security features;

(b) Samsung devices with Find My Phone activated; or

(c) Google phones with a Google Account activated on the phone.

17.2 If you send us an Item which is subject to any of the above security features, we will inform you of this via email, and return your Item to you, using the same process as outlined in clause 16 above.

17.3 You can find instructions for how to remove iOS security remotely here:

You can find instructions on how to unlock your Samsung device: here.


18. ITEMS WHICH ARE REGISTERED STOLEN, LOST OR COUNTERFEIT

18.1 If we find upon inspection of Tech Items that you have sold that they have been registered or reported lost, stolen, blocked or barred, or we believe the Tech Item you have sent to us could be counterfeit we will notify you by email and quarantine the device whilst we contact the relevant authorities.

18.2 We will use an external service provider, MobiCode, to check every device received against the National CheckMEND Register (the “Register”). The Register identifies phones that have been lost, stolen, blocked or barred with a ‘red flag’.

18.3 If your device is found to have a 'red flag' against it, you will have 28 days to contact CheckMEND (the “Quarantine Period”), who will provide advice on how to prove that you are the legal owner of the device.

18.4 You can begin the process by visiting the CheckMEND website at http://www.checkmend.com/uk/. You will be asked to provide a brief description of the issue, as well as your certificate ID number which we will provide you with in our notification email in accordance with clause 18.1.

18.5 We cannot send your device back to you or make any payments during this period, and are legally required to dispose of the device if the ‘red flag’ against your device is not lifted within the Quarantine Period.

18.6 If you have any more questions on why we reject your Item, then you can contact our Customer Service team in accordance with clause 21.

18.7 We accept no liability or responsibility for rejecting your Item or not returning your Item to you in these circumstances.

18.8 If during the Quarantine Period we receive satisfactory confirmation from MobiCode that you are the legal owner of the device, we will post the device back to you no later than on the last day of the Quarantine Period, using our selected courier at no additional cost.


19. HOW WE WILL PAY YOU

19.1 We will pay you in accordance with these Terms and Conditions

19.2 When you place your order you can select to be paid:

(a) Into your Paypal account;

(b) Or into your Game Wallet account (up to £1,500);


(“Payment Methods”)

19.3 Once you have selected a Payment Method for your order, this cannot be changed.

19.4 For Games Items which have met the Media Quality Criteria, we will use reasonable endeavours to ensure that payments are processed:

(a) For PayPal, the next Working Day and no later than five (5) Working Days of completing our assessment of your Items. Such payment will typically clear within five (5) Working Days.

(b) For Game Wallet, the next Working Day and no later than five (5) Working Days of completing our assessment of your Items Such payment will typically clear within five (5) Working Days.

19.5 For Tech Items which have passed the Quality Assessment, we will use reasonable endeavours to ensure that payments are processed:

(a) For PayPal, the next Working Day and no later than five (5) Working Days of completing the Quality Assessment. Such payment will typically clear within five (5) Working Days.

(b) For Game Wallet, the next Working Day and no later than five (5) Working Day of completing the Quality Assessment). Such payment will typically clear within five (5) Working Days.

19.6 For Tech Items which have failed the Quality Assessment and in respect of which you have accepted a Revaluation, we will use reasonable endeavours to ensure that payments are processed:

(a) For Paypal, the next Working Day and no later than five (5) Working Day of you accepting the revaluation in accordance with clause 15.11. Such payment will typically clear within five (5) Working Days.

(b) For Game Wallet, the next Working Day and no later than five (5) Working Days of you accepting the revaluation in accordance with clause 15.11 . Such payment will typically clear within five (5) Working Days.

19.7 You are responsible for ensuring your payment details are valid, accurate and up to date. You can update your Game Wallet payment details: here.

19.8 We are not responsible for any losses that you may suffer if you fail to receive a payment if a payment is sent to an incorrect account or recipient, as a result of any failure by you to correctly, completely and accurately provide and submit all payment details required when using the Website.

19.9 You acknowledge and accept that some of the Payment Methods made available to you depend on third parties. We are not responsible for delay in receipt of payment as a result of something such third party does or doesn’t do. Payments may be subject to validation and security checks that we may or third parties may require at our or their discretion from time to time.

19.10 If a payment processed via PayPal is rejected, PayPal will contact you using the e-mail account provided to us with your payment details and the funds will be held by PayPal for a period of thirty (30) days. If you do not resolve the issue with PayPal within thirty (30) days of being contacted, PayPal will return the unclaimed funds to us. We will hold the unclaimed funds for an additional period of three (3) months, after which you will not be able to reclaim these funds.

19.11 Whilst we will use our reasonable endeavours to achieve the payment timescales stated in these terms and conditions, these are subject to variances during busy periods and we will not be liable for any losses that you may suffer if for any reason we fail to make a payment outside of such timescales.

19.12 All payments are inclusive of VAT.


20. LIABILITY

20.1 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.

20.2 We do not exclude or limit in any way our liability for:

(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

(b) fraud or fraudulent misrepresentation;

(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);

(d) 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

(e) defective products under the Consumer Protection Act 1987.


21. CUSTOMER SERVICES

21.1 Customer satisfaction is important to GAME so should you have any questions or enquiries about using the website to sell your items then please do not hesitate to contact us here. Opening times may vary over bank holiday weekends and public holidays. Please note that calls made to our customer service team may be recorded or monitored. By calling our customer service line, you consent to the potential recording and monitoring of your call.

21.2 You can also contact us by email on customerservices@game.co.uk. When contacting us by email please ensure that you include your Order Number in the body of the email.

21.3 We would also recommend in the first instance checking out our FAQs which deal with a number of the common questions that we receive.

21.4 Any legal notices can be forwarded to our Head Office address: GAME Retail Ltd, Unity House, Telford Road, Basingstoke, RG21 6YJ


22. OUR RIGHTS TO MAKE CHANGES

22.1 Minor changes to the services. We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not effect your use of the Service.

22.2 More significant changes to the Service and these terms. In addition, we may make more significant changes to the Service, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect.


23. SUSPENSION OF SERVICES

23.1 We may have to suspend the supply of the Services to:

(a) deal with technical problems or make minor technical changes;

(b) update the Service to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the Service as notified by us to you (see clause 22.2).


24. HOW WE MAY USE YOUR PERSONAL INFORMATION

24.1 How we will use your personal information. We will use the personal information you provide to us:

(a) to supply the Service to you;

(b) to process any payment in respect of your Items; and

(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

24.2 We will only give your personal information to third parties where the law either requires or allows us to do so.


25. EVENTS BEYOND OUR CONTROL

25.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our control.

25.2 Our performance of the Contract will be suspended while the uncontrollable event continues, and we will have an extension of time to perform our obligations under the Contract for that period. If the uncontrollable event continues for more than a month we or you may end the Contract by giving 7 days’ notice in writing.


26. OTHER IMPORTANT TERMS

26.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will tell you if this happens and we will ensure that the transfer will not affect your rights under the contract.

26.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

26.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

26.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

26.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

26.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

26.7 Alternative dispute resolution. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.