Chillout Games: we value your games

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SELL YOUR GAMES TO US

Terms & Conditions of Sale

Please read the following terms and conditions of sale carefully before ordering products from us. By purchasing games from us, you agree to these terms of sale. These terms do not replace our standards of service for Customer Service and Privacy Policy

In these terms, "you" and "your" refer to the customer and "we", "us" and "our" refer to Chillout Games.

Order Acceptance

A contract for the sale of product(s) you order from us is only created once we have dispatched the order. Orders are subject to availability. Where you order multiple products and not all are in stock, we may send you the products which are available, and will send the remainder of your order as soon as stock comes in. We reserve the right to cancel the order and refund payment before shipping if we deem the delivery to be high risk due to a number of factors including (but not limited to) previous loss in post to the same addresss, incomplete address or contact details.

Occasionally, an error may occur and goods may be either incorrectly priced or described in which case we will not be obliged to supply the goods at the incorrect price or in accordance with the incorrect description or at all. We reserve the right to correct any errors from time to time. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price or correct description. If we are unable to contact you or you do not wish to continue with the order at the correct price or correct description, we will cancel your order and refund the price you have paid.

We recommend that you do not communicate your payment card details or PayPal details and password to anyone, including us, by email. Subject to clause 9.5, we cannot be responsible for any losses you may incur in transmitting information to us by internet link or by email. Any such loss shall be entirely your responsibility.

Price & Delivery

The price you will pay for the goods is the price in the email confirmation. We provide FREE 2nd class delivery on all games and accessories (consoles and bulky items are sent Royal Mail Standard Parcel service). Your order should arrive within 3 working days of dispatch (Standard Parcels items 5 working days).

We ship overseas to selected countries; you will see them in a dropdown list when you enter your delivery address. There is a discounted charge for Airmail on overseas orders (postage costs for consoles and bulky orders are available on request). Airmail usually arrives within 5 working days of dispatch – see dates here.

Once the goods have been delivered to you, you will hold them at your own risk and will be liable for their loss or destruction. We will not be liable for the loss or destruction of the goods once they have been delivered to you.

Shortages/Damage: if any items listed on the invoice are not received when the packet is opened or items are damaged on arrival, you must notify us with 48 hours of receipt. Please retain the packaging and make a note of any sign of tampering to assist our investigation.

Loss in Post: if your order does not arrive, claims for loss must be made within 80 calendar days of the date of posting. Chillout Games has no legal liability for any loss if at the time of the claim 80 days has expired from the date of posting. We advise customers to claim as soon as possible after an event has occurred to enable enquiries to be made promptly.

Sale

Please note that we offer sale items on a first come first served basis. Sale items are only available for a limited time and while stocks last. Should an item become out of stock you will be emailed regarding the situation. Sale offers strictly limited to one copy of each item per household. Should multiple orders of one item be made to one household we will cancel all but one of the items on order.

Age Restricted Products

Any product with a BBFC (British Board of Film Classification) or PEGI (Pan European Game Information) rating will be visible on the product image. For further information on BBFC ratings, see the British Board of Film Classification Website or the PEGI site.

Warning: It is an offence to attempt to buy a certificated title if you are under age or to attempt to purchase one on behalf of someone else who is under age.

Returns & Cancellations

If your game/console/accessory is faulty and it is not yet 30 days from order, we will email instructions for you to return the item for repair/replacement. If we cannot replace the item, we will issue a full refund.

International customers will have to pay the return postage which will then be refunded when we get the order back (we only refund standard Airmail postage). Please contact us via the online contact form giving us details of your order. You can also use the Cancellation Form below (not recommended).

If you wish to return a game order for any other reason, you can do within 30 days of order. NB New sealed games must have the unopened shrink-wrapping intact.

Please contact us using the online contact form to obtain a returns authorisation and posting address. For the return of high–value goods, we recommend that you use a recorded delivery service, as we cannot be responsible for non–delivery of returned items. You can also use the Cancellation Form below (not recommended).

Returns postage credit

  • Faulty returns: If you arrange the return and pay the postage, we will refund the equivalent postage cost of sending the order back using Royal Mail 2nd class post (UK customers) or standard Airmail (Overseas customers). Please note that if you return an item which is not faulty, you will not receive a refund of your postage costs.
  • Non-faulty returns: You are responsible for the return postage. Please note that it is the customer's responsibility to ensure safe return of the item in the condition that it was sent out.

To comply with the Consumer Rights Directive, we have provided a standard returns form below for orders over £42 within 14 days of receiving the order. However, we recommend that you contact us instead to allow us to arrange the return on your behalf (see above).

Cancellation form

To: Chillout Games Ltd, Unit C, Trafford House, Southmoor Industrial Estate, M23 9XD UK

I hereby give notice that I cancel my contract of sale of the following goods


Ordered on [_______________]/ received on [_______________]

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if this form is notified on paper)

Date

Liability & Disclaimer

So far as the law permits, we disclaim all representations, terms, conditions and warranties (including those relating to satisfactory quality, merchantability, fitness for a particular purpose, title, non-infringement and freedom from computer viruses) relating to products provided to you by us.

So far as the law permits, we will not have any liability to you (whether or not caused by negligence) relating to products provided to you by us for any indirect, special, incidental or consequential damages. This includes loss of data, loss of income or profit, loss of goodwill, damage to reputation, damage to computer software and other computer or storage systems.

We will have no liability to you if you sell on any products provided to you by us, including without limitation, any liability to third parties for defective products.

None of the exclusions and limitations in section 3 will apply to death or personal injury caused by our negligence or to any fraudulent statement made by any of our employees.

Terms & Conditions of Supply

Please read the following terms and conditions of supply carefully before selling games, consoles or accessories ("products") to us. These terms do not replace our standards of service for Customer Service and Privacy Policy. You should understand that by submitting an quote order, you agree to be bound by these terms and conditions.

In these terms, "you" and "your" refer to the customer (sending us your products) and "we", "us" and "our" refer to Chillout Games.

You should print and keep a copy of these terms and conditions reference.

In confirming your quote order you will need to tick the box indicating that you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to place a quote order via our site.

How The Contract of Supply Is Formed Between You And Us

Our quote service is only intended for use by people registered with us and resident in Great Britain and Northern Ireland. At our complete discretion we may accept or reject quote orders from people outside of these territories.

Your contract with us will be formed when we receive your quote order. It will incorporate these terms and conditions and our terms of use. Please click on the Help with Ordering page for more information.

You must own all rights, title and interests in any products that you send to us. Ownership of the products will pass to us when we receive the products, in accordance with these terms and conditions, and we have dispatched payment to you, when, hence, a contract will be formed.

The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

You may cancel the contract with us at any time up to the time when you send us the products ("cooling- off period"), providing:

  • the contract was negotiated and concluded exclusively by means of distance communication (including, but not limited to, telephone, letter, fax or email); and
  • you are a natural person acting outside the purposes of any business.

When cancelling during the cooling-off period, you need not give us any reason for cancelling the contract, nor will you have to pay any administration charges. To cancel the contract you must notify us via the online form here.

This contract cannot be cancelled after you have sent your products to us (outside the "cooling-off period").

We also reserve the right to cancel the contract during the cooling-off period and this notification will be sent to the email address registered on your seller account.

PLEASE ENSURE THAT YOU ARE HAPPY TO SEND THE GAMES TO US AND THAT IT IS WITHIN YOUR RIGHTS TO DO SO.

Consumers

By placing a quote through our site, you warrant that:

  • You are resident in Great Britain or Northern Ireland; and
  • You are accessing our site from that country; and
  • You are legally capable of entering into a binding contract; and
  • You are at least 18 years old; or
  • If you are under 18 years of age, that you have obtained your parent's or guardian's consent to sell your products to us for the sum indicated via our website.

You and your parents or guardians release us of any liabilities or claims that may arise if you send the products to us in breach of this warranty.

If you deal as a consumer any provision of this contract which is of no effect to a consumer shall not apply. Your statutory rights are not affected by this contract.

For the purposes of these terms and conditions, "consumer" means an individual who neither makes this contract in the course of a business, nor holds himself out as doing so, as defined by the Unfair Contract Terms Act 1977.

Businesses

By placing a quote order through our site, you warrant that:

  • You are authorised to act on behalf of the registered business; and
  • You are based in Great Britain or Northern Ireland; and
  • You are accessing our site from that country; and
  • You are legally capable of entering into a binding contract.

Condition of Games, Consoles and Accessories

A list of scruffy and faulty conditions for your items can be found in the help section How do I grade my items?. It is your responsibility to ensure that the condition of the items is reflected in the quote order and you accept that our judgement of 'faulty' and 'scruffy' condition will be final if there is any element of doubt. It is particularly important that you check the condition of the products if you are sending them on behalf of a friend or relative. Import USA games (including multi-region USA PS3, DS and XBox 360) will be priced at 50% of the PAL price (subject to the game being complete, in good condition and compatible with UK unmodified consoles) unless there is an NTSC price specifically quoted in the basket. Other import games which we have not specifically quoted for will be treated as faulty (see below).

If a product fails to meet our terms and conditions we will adjust the price of the quote to the price which was quoted for the item's revised condition when the quote order was placed. We will email you a breakdown of the revisions to the quote and then automatically process the revised quote for payment. We have the final decision on all products values.

In the case of a small quantity of faulty products described as in good working order, you have 7 days from the date of payment to request that the faulty items are returned to you free of charge. However, if there are a significant number of items found to be faulty, we will deduct a £1+VAT per item administration fee from the total paid to cover our labour cost. In this case, you will be liable for the return postage if you want the faulty items back. After 7 days, the faulty products will be disposed of if we do not hear from you.

If you send us the incorrect parcel and request that it is sent back to you, there is a return parcel charge of £12 per parcel(including VAT) to cover our costs. This charge must be paid before we can arrange for the return of your incorrect parcels.

We do not offer any money for fake items; any items identified as counterfeit by us are immediately rendered unusable and disposed of. These items will not be returned and we may report such incidents to the relevant authorities. No further discussion on the establishment of whether items are, including but not limited to, original, genuine, or counterfeit, fake, imitation, an illegal copy or a non-original product will be entered into by us.

  • You are welcome to send additional games and accessories but they will not increase the value of your quote. If you decide to send additional items that are faulty, please label them 'faulty' and we will recycle them as spares.
  • Please remember that by sending your console to us, you agree to release us from all and any claims, losses or damages with respect to it, any data stored or contained therein or on any media used in conjunction with the console (whether in the form of personal details, photos, games, songs or other data. We accept no responsibility in relation to the security, protection, confidentiality or use of such data and it is your responsibility to ensure that such data is removed from the console prior to you sending it to us.

Pricing

Prices offered on our website are subject to change at any time without notice. When your quote order has been placed, the prices quoted are guaranteed for 14 days from the 'Order Approved' date (this is the date on which we send you a confirmation email). If your products are received after 14 days from the 'Order Approved' date, the up-dated, current prices will apply. This could be disappointing - so to help you, we'll send a reminder email during the 14 day guarantee period.

Postage

If you choose courier collection(or dropoff), you will be given a parcel allowance dependant on the value of your quote. If you wish to send more parcels than the allowed quantity, there is a £8 charge per additional parcel. If you decide to cancel your quote after the courier has been booked or you do no contact us within 48 hours of a failed collection, you will be liable for a courier cancellation fee of £10 per parcel. We do not offer a collection service for all UK postcodes and we reserve the right to cancel quotes if our courier cannot collect from your address at a reasonable cost (£12 per parcel). Quotes under £50 do not qualify for free courier collection. If a quote is placed for over £50 and on receipt we discover omissions or items not as described which result in the revised total falling below £50, you will become liable for our courier cost(+VAT) which will be deducted from the revised total.

We cannot be held responsible for loss in post if you send more parcels than have been booked with the courier. If we have arranged the courier, we take responsibility for loss in post subject to the parcel being packed and addressed according to our packing guidelines - provided you have retained the courier consignment note. We take no responsibility for partial or total loss due to: some of the contents missing due to inadequate box, insufficient tape on seams, insufficient padding inside the box, failure to attach the courier label correctly or if you can not provide the courier consignment note to us. Our packing guidelines are here. If we incur an overweight surcharge from the courier, you will be held responsible and the surcharge will be deducted from the final price paid.

If you arrange courier, we will pay a postage credit towards the postage cost and it will be displayed at the bottom of your quote basket. We will only contribute the amount specified and you must meet the additional cost of posting if our postage credit is insufficient. The post credit is recalculated on the final quote amount and errors or omissions resulting in the quote total being reduced will cause an reduction in the final postage credit. Similarly, a higher final quote amount will generate a higher postage credit. Unfortunately, other than when we arrange courier collection (see above), we do not accept responsibility for non-delivery of your games and consoles or damage in transit. We therefore recommend that you send any high value units via registered post to ensure successful delivery and that you follow our packing guidelines here. If you merge items from a selfposting quote into a quote for which we arrange courier/dropoff, you will not receive any postage credit for these items. Quotes under £50 are not accepted due to the level of administration involved. If a self-posting quote is placed for over £50 and on receipt we discover omissions or items not as described which result in the revised total falling below £50, you will become liable for an administration fee calculated as follows: 25% * (£50 - the revised total)(+VAT) which will be deducted from the revised total e.g. revised total of £30 would incur an administration fee of £5+VAT.

Payment

We offer PayPal and Shop Credit as forms of payment. You will be required to select a payment option when placing each online quote order. Unfortunately, this payment option cannot be changed once the order is placed.

When we receive your order, we will check that it is complete, and that it meets our terms and conditions - in particular that the condition is in line with our grading structure which is found in the help section How do I grade my items?. Providing it does, we will make payment to you, by PayPal or Shop Credit, within 2 working days of receipt (Monday to Friday, excluding public holidays). This does not apply to events that are out of our control.

PayPal payments can only be made to the account details given when placing the online order. It is your responsibility to make sure that you have entered the PayPal email address correctly and that your PayPal account is active and can receive payments. We cannot, under any circumstances, recall or reissue PayPal payments once they have been accepted by the recipient. We will pay the PayPal transaction fees (subject to a maximum of 3.4% + 20p of the amount transferred) and you will receive the amount 'gross' i.e. without transaction fees. We are not liable for any other fees e.g subsequent transfer to a bank account etc. We cannot accept responsibility for PayPal processing or other delays which are out of our control.

Shop Credit can be used indefinitely to buy games and accessories on the Chillout Games website but cannot be used in any other stores. Shop Credit has a cash redemption value of 0.01p regardless of the Shop Credit balance. Shop Credit is personal to the recipient, and is not transferable or assignable. Shop Credit cannot be cancelled once it has been purchased. If an item that was purchased using Shop Credit is returned, the recipient's Shop Credit account will be credited with the amount redeemed to make the original purchase

General Terms

Account Suspension

We usually ban or suspend an account on our website for failure to adhere to our written terms and conditions.

Events Outside Of Our Control

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 reasonable control or due to our compliance with any applicable laws or regulations

Invalidity

In the event that any clause in this contract is deemed to be unenforceable, the enforceability of any other part of these conditions will not be affected.

Entire Agreement

This Agreement supersedes all prior agreements, arrangements, warranties and understandings between the parties and constitutes the entire Agreement between them relating to its subject matter.

These terms and conditions cannot be varied except in writing signed by an authorised person at Chillout Games.

Nothing said or any representation made by any employee, including but not limited to our telesales staff, should be understood as a variation of these terms and conditions of the sale or supply or as an authorised representation about the goods provided or received.

Our disclaimer of liability shall include but not be limited to misleading and untrue representations but shall not include fraudulent misrepresentations.

Governing Law & Jurisdiction

This Agreement will be governed by and construed in accordance with English law and you will submit to the non-exclusive jurisdiction of the courts of England.