TERMS AND CONDITIONS
Who are we and how to make contact
Gex.co.uk is owned and operated byThe Games Exchange Limited.
Our registered address is:
The Games Exchange Limited
131 High St.
Our Company registration number is: 05086911. Our Company VAT number is 686175691
Our contact page can be found HERE or email us directly at email@example.com.
If urgent you can call us on 01745-336644 and ask for the person in charge of Gex Website orders.
Please use your Selling Order Number if you have one as a reference so we can identify you easily.
Throughout the site, the terms
"we", "us" and "our" refer to The Games Exchange Ltd.
"you " and "your" refers to you being the person using the website, placing the order or sending us items
"working day" refers to a Monday, Tuesday, Wednesday, Thursday or Friday that is not a public holiday.
"Website" refers to www.gex.co.uk
"Package" or "Parcel" refers to the box you send with your items in.
"Item" or "items" refers to the stock you have sent to sell to us.
"Contract" is the legally binding agreement made between you and The Games Exchange Ltd as set out in the Terms and Conditions.
"Offer" is the agreed price subject to all terms and conditions when the order is completed at checkout.
Use of the website
The Games Exchange Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. We reserve the right to update, change or replace any part of these Terms
By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
Any personal details that you submit must be accurate and true. If there are any changes to your personal information you must update these. If we have reasonable grounds to suspect that you have given false information we have the right to delete the account without notice and refuse any pending trades.
You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age. If you are under 18 years of age you must have the permission of a parent or guardian.
You must be the legal owner of any goods sold to us on this website.
You must be a UK resident accessing our website from within the UK.
This website is for members of the public for personal use only. We have the right to not pay for any unauthorised trades made for business or commercial use. Please contact us if you are a business looking to sell.
You must have one account per person and keep your password and username confidential. You must not allow anyone to use or transfer your account to another person. If you are found to have more than one account we have the right to close them and refuse payment of any pending trades and delete any associated accounts. Fees can be charged for any administration costs involved.
You must notify us in writing immediately if you become aware of any disclosure of your password.
You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
Unless expressly permitted you must not sell, rent, exploit for commercial gain, redistribute, download or reproduce any material from our website.
You must not use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
You must not use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.
You must not access or otherwise interact with our website using any robot, spider or other automated means.
Privacy and Cookies
The contract between us and cancelling
The contract between us is formed when you click "Complete" on your order. This is your acceptance of the price we have offered you for your games. We will send an email confirmation of your order.
All games are conditionally accepted by us until we receive and check that your games meet the Condition Requirements and Postage & Packing guide laid out in the Terms. We strongly advise you read these before sending any order.
Our minimum requirement to create a contract is a selling order of more than 5 units and a value of £20.
We do not accept more than 2 of the same game from any one account, household, address or IP address whether in one trade or multiple trades over any 12 month period of time.
You can cancel the contract before you drop your parcel at the courier drop off point or before you have had your parcel collected by the courier.
You have 7 days from order creation to drop the parcel at the courier drop off point or have the parcel collected by the courier. After 7 days your conditional price offers and contract may be cancelled by us and you must create a new order.
Once you have sent your games via the courier drop off or collection you cannot cancel the contract.
Once we receive your games we have the right to cancel the contract if any of our terms and conditions has not been met.
We may cancel, suspend or edit your account at any time at our sole discretion without notice or explanation.
We will try to process orders as quickly as we can but we do not guarantee any time scale for processing your order.
Nothing in these terms and conditions will:
(a)limit or exclude any liability for death or personal injury resulting from negligence;
(b)limit or exclude any liability for fraud or fraudulent misrepresentation;
(c)limit any liabilities in any way that is not permitted under applicable law; or
(d)exclude any liabilities that may not be excluded under applicable law.
(e)affect your legal rights
The limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
For any liability arising from breach of contract we will not be liable for more than the value of the order or orders that you placed.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
Any content on our website is not intended as advice to be relied upon. We will not be liable in respect of any reliance placed on materials or information by visitors or by anyone informed of this content.
We are not liable for any content or reliability of any websites that are linked to our website.
We send all communication to you to the email address you supply. It is your responsibility to maintain the capacity of your inbox and regularly check your spam or junk folders to ensure you don't miss any communication from us. Especially in the case of revised offers and rejected items to be disposed of we will not be held liable for any losses due to failure to receive our emails.
The condition of your games
Please see our condition guide for full details. By placing an order on this website you warrant and accept the condition of your games meet terms laid out on this website.
All games you send must...
- be in good working condition.
- have no more than light scuffs/scratches.
- play perfectly without skipping or freezing.
- have original labels and art stickers in good condition and intact.
- be original UK Pal versions.
- have any art sleeves/covers, boxes or manuals supplied with the game to be original.
We do not accept..
- Medium or heavy scratches to the top or bottom of any disc.
- Warped, misshapen or discoloured discs.
- Pinprick type damage even if the rest of the disc is mint.
- Cracks anywhere even small ones to the centre of the disc.
- Fake, copy or pirated games.
- Bundle or promo versions of any games.
- Reprinted art sleeves/covers, manuals or boxes.
- Any art sleeves/covers, manuals or boxes that are moisture damaged or moldy.
- Any artwork or manuals that do not match their game.
- Any games missing accessories that would have originally been included.
- Any games with accessories that are faulty or damaged.
If a game on our website has a drop-down menu for condition selection you must pick the appropriate selection that best describes your item.
- Complete (good condition)Choose this if your game has a disc/cart, manual, box, art sleeve/cover and accessory and they are all in good condition.
- Box Damaged or Manual Missing. Choose this if either one or both of these options are true. Art sleeves/covers must still be in good condition.
- Game Only (no box)Choose this when you have the disc or cartridge only and no box or art sleeve/cover. They can be with or without the manual.
If you are unsure which to select please contact us.
Revised offers and Rejected items
We have the right to cancel the contract between us based on our quality assessment of your games.
This is at the sole discretion of The Games Exchange Ltd and our decision is final.
Any games that fail our quality check will be subject to a revised price offer or rejected.
If you reject the revised price offer or we have rejected the item you will be given a choice...
- We will return items to you for a fee of £3 for 1-14 items or £6 if you have 15+ items to return. You can choose to pay us directly or we can use any credit from other items you have sent.
- You can arrange your own collection.
- We can dispose of the items free of charge.
If we don't hear from you within 14 days from notifying you we will dispose of the rejected items.
We will not be liable for any loss for any games sent to us that have revised offers or are rejected.
Postage and Packaging
We offer you a Freepost courier service for your order with Royal Mail, CollectPlus, and other couriers.
The Freepost we offer extends only to using one label per order that can be sent within the weight and dimensions specified below.
Unnecessary use of extra labels will incur a charge of £5 per label to be deducted from your order payment.
These services are offered in agreement to our terms and the Terms of our courier partners.
You can read the Terms of Service for each of the following links.
These services can only be used for the purpose of sending games that you are selling to us and have a Selling Order Reference.
You must follow our Postage and Packing guidelines as we will not be liable for any loss or damage of any games sent to us that is caused by poor packaging.
If you have multiple trades they must be grouped separately and labeled accordingly especially if you intend to send multiple trades in one box.
The responsibility of your items changes to be ours once you have dropped off your parcel at the couriers' collection point or it has been collected by the courier. The ownership of the items changes to us once we have received your parcel.
You will be liable for any losses or liability resulting from a breach of these Terms or our Couriers terms.
Items lost by the courier we will make a claim against the couriers for you and if successful we will reimburse you the value of your order. You must have a valid receipt from the courier in order to process this claim.
Step 1.CHECK YOUR ITEMS Be sure you have the correct quantity and titles that match your selling order.
Step 2. FIND A SUITABLE BOX Find a good strong box that's big enough to fit all the games in. Purpose built cardboard with solid walls and flaps is best. You may need to split your order to stay within the maximum size and weight dimensions of our postal services. Please see below for more details. If your order exceeds the weight or size dimensions you can use more boxes and labels.
Step 3. PACK WITH NO GAPS Package the games securely within the box. Fill all the gaps and voids with padding materials such as bubble wrap, crumpled newspapers, cardboard pieces etc so that there is no movement inside.
Step 4. SEAL THE BOX We recommend you write our address with your name and selling order reference on a piece of paper and place that inside the box in case your label gets detached. Or reprint your shipping label and pop that in. Seal the box securely with thick parcel tape around all sides, top, middle and bottom.
Step 5. ATTACH YOUR LABEL Attach your FREE postage label to the largest side of the box. Use clear thick tape around all the edges. Be careful not to cover any barcodes that need to be scanned as it can interfere. If you don't have clear tape be careful not to cover any text on the label.
Step 6. DROP YOUR PARCEL WITHIN 7 DAYS We ask this as games are always devaluing. We can only guarantee your price promise (subject to condition) if you drop your parcel within 7 days of order creation. If you do not drop your parcel within 7 days we reserve the right to revise your pricing offers.
To send your parcels we use Royal Mail, CollectPlus and a Courier home collection service for larger heavy parcels or convenience..
Sending your parcel to us with Royal Mail
We use Royal Mail for parcels up to 20kg (up to approx 150 games)
Please use only 1 box and 1 label per order upto 20kg and 61cm (L) x 46cm (W) x 46cm (D). Unnecessary use of extra labels for orders that could be shipped in one box will incur a charge £5 per extra label that will be deducted from your order value.
We use their 48hr Tracked Free Returns service. At checkout, you will have a link that takes you to our online portal with Royal Mail. This can also be found here.. https://www.royalmail.com/track-my-return/create/2269
Create your label here using your Selling Order Reference (9 letters) that you were provided checkout. You can also find it on your email confirmation and in your order history.
Once you have created your label you will need to download it and print it. If you don't have a printer available, you can take the Royal Mail email with the QR code provided to your nearest Royal Mail Customer Service Point (to check if you're local office has this label facility go to http://www.royalmail.com/delivery-and-collection-office-finder and look under facilities for ‘Label printing service is available’. They will then scan the QR code and print the label for you. This service is not available at all Post Office branches.
Once your parcel has been dropped off at the Post Office you can track it at www.royalmail.com/track-your-item
When dropping off your parcel at your local Post Office you ask for proof of postage if required. Your nearest Post Office can be found by entering your postcode at www.royalmail.com/branch-finder
Sending your parcel to us with CollectPlus
We use CollectPlus for parcels between upto 10kg (approx 70 games)
Please use only 1 box and 1 label per order upto 10kg and 60cm x 50cm x 50cm . Unnecessary use of extra labels for orders that could be shipped in one box will incur a charge £5 per extra label that will be deducted from your order value.
If you have more than 10kg (approx 70 games) you can still use CollectPlus but you will need to split your order and create a new label with a new tracking number for each parcel that you are sending.
CollectPlus is A FREE and convenient service to send your games to us. Download your pre-paid returns label at www.collectplus.co.uk/thegamesexchangeEnter your Selling Order Reference, name and your email address on to the label, then print and attach the label to your parcel, ensuring any other labels are removed or covered. Drop off your parcel in your chosen store, where you will be given a receipt with a tracking code. You can track your parcel yourself, at https://www.collectplus.co.uk/track/.
Please note, you must obtain and stick your returns label to your parcel before taking your parcel into a CollectPlus store. CollectPlus will not accept responsibility for parcels handed into a store without a CollectPlus returns label.
If you don't have a printer or access to one please contact us and we can send you a label in the post.
You can send parcels with airline cabin baggage dimensions 60x50x50cm and up to 10kg using CollectPlus.
You can find your nearest CollectPlus store by clicking here www.collectplus.co.uk/store_locator and use the ‘Find a store’ search at the top of the page. Alternatively, you can text COLLECT and your postcode to 84555 (e.g. COLLECT WD17 1HP). Texts from 84555 are free to receive. Texts to 84555 are charged at your standard network rate. Full terms and conditions can be viewed here
Sending Parcels to us with Courier Collection
If you have a large amount to send or it's inconvenient to use the drop off service we can arrange a courier collection from your home.
Please use Contact Us to send us your requirements and we will arrange this for you.
Parcels need to be very secure and a maximum weight of 25kg (approx 200 games) per box to use this service.
Payment is processed via your selected payment method of BACS Bank Transfer, Paypal or Cheque.
Payment is made once we have received your order and quality checked the items. We try to process this within 1 working day but do not guarantee any timescale.
If a revised offer is made by us payment will not be made until this has been agreed by you. Please see our Terms on revised offers.
Please ensure the payment details you supply are correct. We are not liable for any costs or losses as a result of payments being sent to incorrect accounts that you supply. We reserve the right to charge a reasonable administration fee for any time or costs involved in rectifying payments made to incorrect accounts that have been supplied by you.
We will email you and change the status of your order when payment has been made or a cheque has been dispatched to you.
Paypal and Bacs payments should be in your account within 24hrs of receiving our payment confirmation email. Cheques will be sent 1st class and should arrive within 2 working days.
We will not be held liable for any delays or losses incurred by banks or third parties in the processing of your payment.
These terms and conditions together with our privacy and cookies policy shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
These terms and conditions shall be governed by and construed in accordance with English law. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions will continue in effect.
If any unlawful or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect
We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website,
(e) contact any of your internet service providers and request they block your access to our website.
(f) commence legal action against you, whether for breach of contract or otherwise;
(g) Suspend or delete your account on our website.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
We reserve the right to refuse service to anyone for any reason at any time. We reserve the right to refuse service of any selling order you place with us. We may, in our sole discretion, limit or cancel quantities sold per person, per household or per order. These restrictions may include orders placed by or under the same customer account, or orders that use the same address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail, address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
You agree to indemnify, defend and hold harmless The Games Exchange Ltd and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Questions about the Terms of Service should be sent via our Contact us form