PrePlayZone, trading as PrePlayZone.Com (“PrePlayZone”, “Us”, “We” or “Our”), a company based in England and who’s base address is 5 Carters Row, Northfleet, Kent DA11 7BD
We reserve the right to update the Terms and Conditions at any time. When We do so, We will provide access to the new Terms and Conditions on the Site home page. The new Terms and Conditions will take effect immediately, and will govern all transactions with Us through the Site. If you do not agree with the new version of the Terms and Conditions, you must cease to use the Site.
Accessing the Site
We cannot guarantee that the Site will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of the Site and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt the Site or any computer system, server, router or any other internet-connected device.
We cannot and do not guarantee or warrant that any content of the Site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the safety and reliability of data input and output.
We reserve the right, at our discretion, to withdraw, suspend or modify the Site or certain features or parts of the Site with or without notice to you, where We have reason to do so. There may also be times when the Site or certain features or parts of the Site become unavailable, whether on a scheduled or unscheduled basis. You agree that We will not be liable to you or to any third party for any withdrawal, modification, unavailability, suspension or discontinuance of the Site or any service available on or through the Site.
We do not accept liability for any losses or claims arising from any inability to access the Site or any failure to complete a transaction.
Using the Site
This Site is for personal and non-commercial use. You must not use any materials contained in the Site except to the extent necessary for your own personal use.
In using the Site and information available from the Site, you agree that you will not:
(a) post, disseminate or transmit unauthorised advertisements or promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
(b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses or otherwise manipulate identifiers to disguise the origin of any content;
(c) impersonate any person or entity, or fail to state or otherwise misrepresent an affiliation with any person or entity;
(d) engage in any activities in order to withhold or cloak identity or contact information;
(e) send harassing and/or threatening messages to others;
(f) engage in “flooding” – i.e. ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address);
(g) use the information available on the Site for any illegal, immoral or anti-social purpose, in violation of any applicable laws or regulations or in a manner which is or may be damaging to Our name or reputation;
(h) electronically stalk or otherwise electronically harass another; or
(i) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission.
You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that:
(1) contains personally identifiable information belonging to minors;
or (2) is for commercial purposes or contains advertising or is intended to solicit a person to buy or sell services or to make donations.
Accuracy of information
We will use reasonable endeavours to ensure that information on the Site is accurate, but commentary and other material posted on the Site are not intended to amount to advice or authority on which reliance should be placed. Except to the extent that Our Trading Terms apply (as set out below), We make no representation or warranty that any information is accurate, complete or up-to-date and, to the fullest extent permitted by law, We accept no liability for any loss or damage caused by any reliance placed on such information by you or anyone to whom you communicate such information.
All content on the Site is protected by copyright. We, or Our licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the original content.
Except as expressly set out in these Terms & Conditions, nothing shall give you any rights in respect of any intellectual property owned by Us or Our licensors. You shall not assert or attempt to obtain any such rights and you shall not use, copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit, Our name, trade marks, logos or other proprietary marks, or any of the content of the Site, in whole or in part, except as provided in these Terms & Conditions.
You may download information from the Site for your own personal non-commercial use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without Our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trade mark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
Whilst We are always happy to hear from you, it is Our policy not to accept or consider creative materials, ideas or suggestions other than those We specifically request. This is to avoid any misunderstandings if your ideas are similar to those We have developed independently. Therefore, We request that you do not send to Us any original creative materials such as original artwork etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary.
Anything you transmit or post may be used by Us or our affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. We are free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
Your Site account
You may create an account on this Site by clicking on the Your Account link on the homepage and following the on-screen prompts. Please note that you will be required to supply information including a valid email address and your home address. This needs to be the registered address of your chosen payment card. Incorrect details may result in the rejection of your order.
You can amend your details at any time by logging in or while placing your next order. To do so , either select ‘change your details’ on the ‘checkout’ screen or log in and navigate to your account pages and follow the relevant links.
Please note that We reserve the right to suspend or terminate your account if it is or appears to Us to be used in breach of any of the provisions of these Terms and Conditions, including the provision of false registration details or any other misuse of the Site. Any person who holds such a suspended or terminated account must not re-
register on the Site without Our prior consent.
We assume no responsibility for the contents of any other web sites to which the Site has links and We do not endorse the material on any linked web site. The provision of any links does not imply We have any association with their operators. We shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or in reliance on any content, goods or services available on such hyperlinked sites.
We continue to review Our service to ensure that customers keep coming back to Us for more than just great value in all the products We sell.
The prices of products advertised for sale on the Site are as set out on the Site, errors and omissions excepted. All prices are in pounds (£) sterling, inclusive of VAT (where applicable) at the current rates, but excluding delivery charges. Delivery charges will be clearly set out when you place your order and will be added to the total amount due once you have selected a delivery service from the options available. Prices and delivery charges displayed are valid and effective only in the United Kingdom.
Prices may change at any time prior to acceptance of your order.
In the unlikely event that the price of an item has been incorrectly advertised on the Site, We will usually contact you to ask whether you wish to proceed with your order at the correct price. If you are not happy to proceed, or We are unable to obtain your instructions, We will cancel your order and any sum debited by Us from your debit/credit card will be refunded in full to the same card. We will not be obliged to supply products at the incorrect price.
Any product with a BBFC (British Board of film Classification) or PEGI (Pan-European Games Information) rating will be clearly described as such on the product page for that item. For further information on age ratings, see the Video Standards Council Website, the PEGI website, or the Ask About Games Website.
Warning: It is an offence to attempt to buy a certificated title if you are under the required age or to attempt to purchase any such title on behalf of an underage third party.
Persons placing orders for the purchase of products on the Site, confirm that they are of the appropriate age to receive and view the specified certification of the title(s) so ordered.
Any person ordering a product for a third party hereby certifies the intended recipient of the order is of the appropriate age to receive and view the specified certification of the title(s) so ordered.
We reserve the right not to supply any age-restricted product where We reasonably believe that a customer is below the relevant minimum age.
We are under a legal duty to supply goods which conform with the contract We have entered into with you.
We have taken reasonable steps to display as accurately as possible the pack shots, product descriptions, screen shots, specifications and other detailing of Our products in the images that appear on the Site. However, as the actual detailing you see on screen will depend on your monitor, We cannot guarantee that your monitor’s display of such detailing will exactly reflect the detailing of the product upon delivery. All detailing of products is subject to change and may not represent the finished product.
Offers cannot be used in conjunction with any other offer (online or otherwise). We reserve the right to restrict offers to one purchase per household at our discretion. All offers are subject to availability while stocks last. Offers may be withdrawn without any notice.
The feature on the Site of a product does not constitute a guarantee of its availability. Products, prices and technical requirements are subject to change at any time without notice.
Please note that the We stocks PAL UK games, consoles, accessories and region 2 UK DVDs & region B UK Blu-Rays only.
Orders for Sales & Purchases
You may place an order to purchase a product advertised for sale on the Site by following the on screen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order up until the point at which you submit your order (by clicking ‘pay now’ on the ‘payment’ page of the checkout procedure).
All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances. On any such occasion We will email you to make you aware as soon as it is possible to do so.
You will receive an email, once your order is in process detailing your order reference and details of the product(s) you have ordered. Please note that this email is an acknowledgement only and is not an acceptance of your order.
Acceptance of your order and the formation of a contract between you and Us will take place when We send you an email confirming that the products you have ordered are being dispatched to you, unless We have notified you that We do not accept your order or you have already cancelled it in accordance with the provisions below (see Cancelling an Order).
Although We endeavour to give accurate stock availability information on the Site occasionally products you order may not be available. If this happens We will cancel your order, send you an email to confirm the cancellation and any sum debited by Us from your debit/credit card will be refunded in full to the same card.
You can purchase pre-owned software and hardware with confidence through the Site. Most pre-owned software and hardware comes boxed with instructions and is fully tested. We cannot guarantee the condition of pre-owned products; they may appear slightly blemished. However, all pre-owned stock is checked, and where necessary reconditioned, prior to being put on sale on the Site.
Pre-released orders (preorders) are orders for items that have not yet become available. You may be able to make a pre-released order using the Site, and where possible (and subject to availability) such orders will be shipped to you on the day prior to release, in order that you may receive it on the release date. Release dates are set by the manufacturers and are subject to change. As a result We are not liable for any changes to a pre-release date advertised by Us..
Pre-release orders will be supplied at the price applicable at the time of order, or the price applicable when your order is processed prior to dispatch, whichever is lower.
We cannot accept your order until you have paid for it in full. You can pay by all major credit or debit cards listed on the Site. Please note We are unable to accept payment by American Express. Payment will be charged at the point of submitting your order..
For pre-release orders your card will be charged at the point of submitting your order.
Upon submitting your order, you confirm that the payment card that is being used is yours, and you meet the age restrictions for the title purchased.
All credit/debit card holders are subject to validation and fraud checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, We will not accept your order, We will not be obliged to inform you of the reason for the refusal and We will not be liable for any delay or non-delivery. We are not responsible for your card issuer charging you as a result of Our processing of your credit/debit card payment in accordance with your order.
You authorise Us to debit your nominated payment card to recover all charges and amounts due and owing to Us.
Further information about our delivery areas, delivery charges and estimated delivery times is set in Our Delivery & Returns page.
Subject to availability, We will use reasonable endeavours to deliver the products you have ordered as soon as possible after you place your order, in any event within 30 days. You shall be given an estimated time for delivery at the time your order is placed. If the goods are not available for delivery within 30 days of being ordered you are entitled to cancel your order and receive a full refund of any monies paid.
Orders for in stock, non pre-release products placed are usually dispatched with in 3 working days. .
We do not ship to PO Box addresses.
We deliver the products ordered to the valid delivery address which you supply. Orders over £1000 can only be dispatched to the card holder’s address. We cannot deliver items within the same order to multiple addresses. We currently deliver to the UK mainland Only! Certain deliveries may require a signature to confirm receipt.
We will advise you by email if there is likely to be a delay in dispatching your order. We reserve the right at Our discretion to ship orders only to the billing address.
If you order two or more items from Us and one of those items is not in stock, We will contact you (using the details you provide to us when ordering or in your Site account) to discuss changes to your order. There will be no extra postal charges for orders where delayed items are sent separately.
Once delivered , the products ordered will become your property (provided they have been paid for in full) and your responsibility. Except in relation to products that are damaged or faulty when delivered or which have been incorrectly delivered, We will not accept any liability for their loss, damage or destruction after they have been delivered.
You can check the current delivery status of your order at any time by logging in to your Site account. In addition, We will send you an email (to the email address you supply when you register with the Site) alerting you of any change of status of your order including when We’ve dispatched your order.
Your order should arrive within not more than 10 days of dispatch (not including Sundays).
This maximum delivery period shall have elapsed before We will consider claims for lost in transit consignments.
If you suspect a delivery to be overdue then please either send Us a message via the Contact Us facility on the Site or email the [email protected]
Please note this applies to UK standard post orders only.
Cancellations and Returns Policy
For further information on your cancellation rights, returns and refunds please see our Delivery and Return & Refund Policy help pages which includes details of how to cancel your order.
You may cancel your order (or any part of it) at any stage before it is delivered to you. Please note that it may not be possible to stop dispatch of the products you have ordered and you will need to return the products in accordance with the provisions set out below.
You may cancel your order up to fourteen (14) days after delivery of the order to you.
You may cancel your order by contacting Us by email or post or, alternatively, by returning the products to any PrePlayZone, in accordance with the following provisions.
Unless items are damaged or faulty when delivered, you may only cancel your order if:
(i)in the case of new software the items are as new, in a saleable condition, unused, undamaged and still in the original sealed packaging with the seal still intact;
(ii) in the case of new hardware the items are as new, in a saleable condition, unused (except to the extent reasonably necessary to examine them), undamaged and contain every component part (cables, memory sticks etc.). If you are unable to comply with these requirements, you may still return the hardware item to us but We may make a deduction from your refund to take account of the reduction in value caused by any damage or missing components; and
(iii) in the case of pre-owned software and/or hardware the items are in the same condition they were in when We delivered them to you, have not been used by you (except to the extent reasonably necessary to examine them), are undamaged and, in the case of any game or other computer software, provided that it is still in the original sealed packaging (if applicable).
If you are cancelling an item purchased in a discounted or promotional offer or as part of a combined product (for example a combined hardware and games product), all items purchased in any offer or combined product are part of the same contract and have to be returned if you wish to receive a full refund. If all the items are not returned the refund will be adjusted accordingly. To partially cancel your order for a combined product you will need to contact our Customer Services team.
All products should be returned to us by post at the address below within 14 days of you cancelling your order.
5 Carters Row
You will have to bear the direct cost of returning the products to us unless you are returning a faulty item. If you are returning a product to us because it is faulty, please see the below section ‘Damaged or Faulty Products’ or our Deliver And Returns & Refunds help page for further details.
Until such time as the products are returned to Us, you must retain possession of the items and take reasonable care of them.
All products must be returned with the original packaging. Products should be posted in appropriate protective packaging. We advise that on any return you obtain a certificate of posting and retain this for your records and that you take out sufficient postal insurance to cover the value of the returned products.
If you cancel your order, any sum debited by Us from your debit/credit card will be refunded in full to the same card (less any permitted deductions for diminished value). Please note that only the cost of standard outbound delivery will be refunded to you, even if you chose express delivery.
Damaged or Faulty Products
In the unlikely event that any product you purchase is damaged or faulty when delivered to you, or is not what you ordered, We may offer a repair, exchange or refund as appropriate, in accordance with your legal rights.
If you believe a product is faulty or damaged prior to delivery to you please visit and fill out our Product Returns form which can be found at the bottom our our home page.
We will bear the costs of returning faulty items to us, this cost will be returned once product has been returned and tested fully.
Our policy on damaged and faulty products does not affect your statutory rights.
You are responsible for the use you make of the products you order. To the extent not prohibited by law, We accept no liability for indirect, special or consequential losses; any loss which is not reasonably foreseeable; or any business losses of whatever nature (including loss of profits, contracts, goodwill, opportunity and other similar losses) arising out of or in connection with the use of the Site or any products or services purchased from the Site.
We shall not be liable for any delay or failure to perform any of Our obligations insofar as the performance of such obligations is prevented by an event or by matters beyond Our reasonable control.
We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.
Nothing in this section or elsewhere in these Terms & Conditions affects your statutory legal rights.
You agree to be bound by any terms and conditions imposed by the distributor or producer of any product or service or any other copyright material and in particular you must not:
(a) make copies of material supplied to you by Us for sale or rental or for any other reason whatsoever; or
(b) show any copyright material in a public place or for profit.
In the event that any part of these Terms and Conditions are held to be illegal, invalid or unenforceable, such provisions will be severed and the remainder of these Terms and Conditions shall continue in full force and effect.
Failure by Us to enforce a right does not result in a waiver of such right. You may not assign or transfer your rights under these Terms & Conditions.
You and We agree that English law applies to these Terms and Conditions and that any dispute between us arising out of or in connection with these Terms and Conditions will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply. We reserve the right to terminate your access to this Site and any use of Our online services at any time with or without cause or notice.
A copy of these Terms and Conditions are available on written request to: PrePlayZone, 5 Carters Row, Northfleet, Kent, DA11 7BD
Any formal legal notices should be sent to Us at the address at the end of these Terms & Conditions.
You can find answers to frequently asked questions in our Frequently Asked Questions help pages.
If you have any queries concerning Our service, the Site or any products you purchase from Us (for example technical problems) or if your question is not covered in the Frequently Asked Questions help pages, please use Contact Us.
These terms and conditions were last updated on 26/01/2018.
Trade-In Terms and Conditions
1.1 PrePlayZone a company based in England and who’s base address is 5 Carters Row, Northfleet, Kent DA11 7BD trading as PrePlayZone.Com (“we/us/our”) operates a trade-in programme (the “Programme”) which allows owners of devices, including but not limited to: certain pre-owned games software, games consoles, laptops, PCs, hard drives, cameras, mobile phones, tablets, satellite navigation systems and accessories (“Pre-Owned Products”)
1.2 These Terms and Conditions will apply to your participation in the Programme.
1.3 If you wish to participate in the Programme, you will be contacted via e-mail that we have received your trade in for testing and valuation. If you do not agree to these Terms and Conditions, you should not participate in the Programme.
1.4 We reserve the right to vary these Terms and Conditions and/or to cease the Programme at any time in our sole discretion. When We do so, We will provide access to the new Terms and Conditions through this page and available upon from one of our in-store representatives. The new Terms and Conditions will take effect immediately.
2 OWNERSHIP AND STATUS
2.1 You confirm that:
2.1.1 you have the legal right to sell all Pre-Owned Products you submit for trade-in via the Programme;
2.1.2 the Pre-Owned Products you submit to us are not counterfeit or stolen;
2.1.3 your submission of the Pre-Owned Products to us fully complies with these Terms and Conditions;
2.1.4 you are a consumer and are not acting on behalf of any other entity;
2.1.5 you are resident in the United Kingdom and have a billing and postal address in the United Kingdom; and
2.1.6 the Pre-Owned Products are from the United Kingdom only.
2.2 Pre-Owned Products submitted to us must meet the Programme’s eligibility requirements, which will be determined by us in our sole discretion based on the condition, age and market value of the Pre-Owned Product.
2.3 Any Pre-Owned Products deemed to be counterfeit or stolen will be reported to the relevant authorities and are not eligible for the Programme.
2.4 We reserve the right to refuse to trade in any Pre-Owned Product submitted to us for testing and valuation if the Pre-Owned Product does not meet our criteria for that Pre-Owned Product. If this is the case, we will inform you why we are unable to accept the Pre-Owned Product for trade-in and will return it to you.
3 BASIC FUNCTIONALITY TESTING
3.1 When submitting your Pre-Owned Product to us we will test and check:
3.1.1 it powers or boots up!
3.1.2 if applicable, has an in tact screen which is not cracked or smashed and, if the Pre-Owned Product has a touch screen, that it is fully functional;
3.1.3 if applicable, is accompanied by a compatible and working charger, power cable or controller (if required to demonstrate basic functionality); and
3.1.4 does not have significant damage such as cracks (although general fair wear and tear is acceptable).
3.2 In the event that any Pre-Owned Product is or includes a software title, it must satisfy all of our eligibility criteria including (but not limited to) the following:-
a) any case must be in the correct format, unbroken and capable of boxing the disk or cartridge securely;
b) any sleeve must be the correct one for the Pre-Owned Product, must include the barcode and must be complete and unsoiled;
c) any disk must be in good condition and not scratched, dented or cracked; and
d) any cover must include all relevant marketing, be in good condition and not have faded or suffered water damage.
3.3 In the event that the software title does not comply with these requirements or is not, in our opinion, suitable for trade-in, we reserve the right (in our sole discretion) to make a reduction from the valuation provided and/or to reject the Pre-Owned Product in its entirety. For a non-exhaustive list of deductions which may be made, please see below:
a) Damaged/broken case – £0.50p
b) Damaged/missing sleeve – £1.00
c) Scratched disc requiring disc clean – £1.00
3.4 Software titles that are not eligible for return are:
a) Multiple copies of the same product;
b) Software titles that are similar to but do not match the exact version displayed on the online trade in price checker. This includes any software titles that are in any format other than PAL and without a PEGI or BBFC age rating;
c) Damaged software titles that are materially damaged upon receipt.
3.5 Rejected software titles that are not returned will be recycled for free at no profit to us.
4 FULL TESTING
4.1 If our in tech representative is satisfied that your Pre-Owned Product satisfies the basic functionality requirements set out above, we will then do a full test!
4.2 Before sending your Pre-Owned Product to us, please ensure that you have:
4.2.1 removed all:
a) passwords and access restrictions (including for any linked accounts, eg Apple iCloud);
b) SIM or memory cards from the Pre-Owned Product; and
c) 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 (“personal information”); and
4.2.2 disabled any data receiving functions such as wifi, Bluetooth or 3G.
4.3 Our in tech representatives will perform further testing on your Pre-Owned Product against our eligibility requirements so that we can establish if your Pre-Owned Product is eligible for trade-in through the Programme and, if so, give you an accurate valuation.
4.4 When you register, we will inform you how long we estimate further testing will take and when you will receive your valuation. The length of time this process will take may vary depending on the type of product and level of trading activity at the time.
5.1 If, after basic functionality testing and/ or full testing, we are satisfied that your Pre-Owned Product meets our eligibility criteria, we will give you our valuation of your Pre-Owned Product.
5.2 All valuations provided by us will be in pounds sterling, are final and are only valid on the day they are given. If you do not accept the valuation on the date it is given, We will assume that you have rejected it.
5.3 We make every effort to ensure that the posted trade-in values are accurate but occasionally errors may result in the display of an incorrect trade-in value. If you trade-in an item for which an incorrect trade-in value has been posted, we reserve the right to accept or reject the item at its discretion.
6 TRADE-IN AND PAYMENT
6.1 Once you have received our valuation you may either:
6.1.1 accept the valuation and trade-in your Pre-Owned Product, in which case we will pay the valuation price to you via PayPal, Direct Bank Transfer or add funds to your PrePlayZone Wallet to you in pounds sterling (£) in return for the Pre-Owned Product; or
6.1.2 reject the valuation, in which case your Pre-Owned Product will be returned to you in the same condition as it was in when it was left with us for testing. However, as part of Full Testing any personal data remaining on the Pre-Owned Product will be removed.
6.2 If you accept our valuation, full ownership of the Pre-Owned Product will pass to us upon payment to you of the valuation sum.
6.3 You will not be entitled to any other payment for items you submit for trade-in as part of the Programme.
7 YOUR PERSONAL INFORMATION
7.1 By leaving your Pre-Owned Product with us and accepting these Terms and Conditions, you confirm that all personal information has been permanently, securely and completely deleted from your Pre-Owned Product.
7.2 If and to the extent that you have failed to permanently, securely and completely delete any such personal information from your Pre-Owned Product, you agree to indemnify us and to hold us harmless from and against any losses, costs, claims or expenses that we may suffer or incur as a result.
8 OUR LIABILITY TO YOU
8.1 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.
8.2 If we cause any damage to your Pre-Owned Product whilst it is in our possession, we will repair the damage or pay to you the cost of a replacement. However, we are not responsible for the cost of repairing any pre-existing faults or damage that we discover in the course of testing the Pre-Owned Product. We will not be responsible for any loss or damage caused to your Pre-Owned Product during transit either to us, or, if we return the Pre-Owned Product to you.
8.3 We do not exclude or limit in any way our liability for:
8.3.1 death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
8.3.2 fraud or fraudulent misrepresentation;
8.3.3 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
8.3.4 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
8.3.5 defective products under the Consumer Protection Act 1987.
9 GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
1. The PrePlayZone Reward programme is open to any person who applies and is accepted for a PrePlayZone Reward account, online at www.preplayzone.com. PrePlayZone may extend, amend or terminate the PrePlayZone Reward programme at its discretion, or amend these Terms and Conditions at any time in which case PrePlayZone will post notices on its website at www.preplayzone.com. If you apply for a PrePlayZone Reward account you confirm that you accept these Terms and Conditions. PrePlayZone may refuse an application for a PrePlayZone Reward account if it has good reason to do so.
2. Account Holders earn PrePlayZone Reward points on purchases online at www.preplayzone.com. PrePlayZone Reward points are not awarded on purchases on PrePlayZone Ebay Store. To earn points online, simply shop with us at www.preplayzone.com and your points will automatically be added to your account.
3. PrePlayZone Reward points will only be added at the time of purchase and cannot be added at a later date. All points are added as soon as transaction is complete.
PrePlayZone Reward points cannot be earned on purchases made prior to joining the PrePlayZone Reward programme.
4. Points are awarded on every purchase over £1.00, except on the purchase of gift vouchers, Other products may be included or excluded from time to time at the discretion of PrePlayZone.
5. Account Holders will receive points on qualifying purchases calculated at the rate of 50 points for every £1.00 spent. Every 100 points redeems you £0.10. PrePlayZone reserves the right to remove incorrectly calculated Reward points and/or Reward points which have been added erroneously.
6. PrePlayZone reserves the right to vary the rate at which PrePlayZone Reward points are earned (including offering bonus points from time to time) on providing 14 days’ notice. Notice is properly given if we post details of any changes at www.preplayzone.com and in store.
7. Account Holders can redeem PreplayZone Reward points against purchases online at preplayzone.com the rate of £0.10 per 100 points. PrePlayZone Reward points cannot be redeemed against purchases in PrePlayZone’s Ebay Store. The minimum redemption is 100 points or £0.10 against a purchase but any number of points above 100 can be redeemed pro-rata. No change or credit will be given for any over payment using points. PrePlayZone reserves the right to vary the number of points required to be redeemed against a purchase or to exclude certain products from the PrePlayZone Reward programme.
8. Points cannot be redeemed until registered on an Account Holder’s PrePlayZone Reward account. Note that as stated above, it takes around 24 hours for points earned to register.
9. To redeem points against intended purchases online at www.preplayzone.com, login to your account and select the option to pay by redeeming points at the appropriate point during the payment process.
10. PrePlayZone Reward points can be used as part payment towards a product online at preplayzone.com. PrePlayZone Reward points cannot be used as part payment towards a product on PrePlayZone’s Ebay Store. PrePlayZone Reward points will be not earned on products where points have been redeemed as payment or part payment for that product.
11. PrePlayZone Reward points have no cash redemption value. PrePlayZone Reward points are for Account Holder’s personal use and cannot be exchanged, sold or transferred to another Account Holder’s account. PrePlayZone Reward points can only be redeemed in the country in which the PrePlayZone Reward account is registered.
12. If a transaction on which points are earned or redeemed is cancelled or reversed or a product is returned (in accordance with PrePlayZone’s Returns Policy) PrePlayZone will reverse the associated points earned or redeemed.
13. The PrePlayZone Reward programme is operated and promoted by PrePlayZone, 5 Carters Row, Northfleet, Kent, DA11 7BD.
15. It is the responsibility of the Account Holder to notify PrePlayZone of any change to or error in their contact details. Details can be updated online in My Account. PrePlayZone reserves the right to suspend a PrePlayZone Reward account if an Account Holder’s contact details are incomplete or inaccurate.
16. PrePlayZone reserves the right to amend these Terms and Conditions, or suspend or terminate the PrePlayZone Reward programme at any time. PrePlayZone will notify Account Holders of any changes to these Terms and Conditions by posting notices online at www.preplayzone.com. PrePlayZone will where reasonably possible give Account Holders 14 days’ notice of any changes, suspension or termination. Earning or redeeming points after notice is posted will constitute acceptance of any amended Terms and Conditions.
17. Account Holders can terminate their PrePlayZone Reward account on written notice to PrePlayZone at any time.
18. Any Account Holder may only hold one PrePlayZone Reward account at any time. PrePlayZone reserves the right to de-duplicate its lists of Account Holders by terminating or merging PrePlayZone Reward accounts that it reasonably believes to be duplicates issued to the same Account Holder.
19. If PrePlayZone reasonably believes that an Account Holder is in breach of these Terms and Conditions or that the Account Holder has abused the PrePlayZone Reward programme, PrePlayZone reserves the right to take any appropriate action, including suspending or terminating the Account Holder’s PrePlayZone Reward account.
20. If the PrePlayZone Reward programme or an individual account is terminated (for whatever reason) the Account Holder’s right to earn or redeem points is lost.
21. If an Account Holder has not used their PrePlayZone Reward account for a period of 12 months or more, their PrePlayZone Reward account balance may be reset to zero. Where this occurs PrePlayZone may continue to hold your PrePlayZone Reward account reactivated and PrePlayZone may, at its discretion, re-award any points which were held in the Account Holder’s account at the time the account was zeroed. Re-instatement will not however be possible if you have asked us to delete your details.
22. No party other than the Account Holder and PrePlayZone has any rights under the Contracts (Rights of Third Parties) Act 1999 or any equivalent legislation in any jurisdiction, or otherwise, to enforce any term of these Terms and Conditions.
23. These Terms and Conditions are subject to and shall be interpreted under English Law.
24. Any dispute arising under or in connection with these Terms and Conditions is subject to the exclusive jurisdiction of the English courts.
PrePlayZone Account – TERMS AND CONDITIONS
PrePlayZone, a company based in England and base address is 5 Carters Row, Northfleet, Kent, DA11 7BD (“PPZ”) operates the “PrePlayZone Account”, which lets you log in to the preplayzone.com website (the “Site”) and use additional services offered by PrePlayZone, including PrePlayZone Reward and PrePlayZone Wallet (the “Services”).
These Terms and Conditions will govern any use you make of PrePlayZone Account of the Services. We reserve the right to update the Terms and Conditions at any time. When we do so, we will provide access to the new Terms and Conditions here and provide you a message through your Game Account. The new Terms and Conditions will take effect immediately.
By registering for a PrePlayZone Account, logging in to your PrePlayZone Account or otherwise using a PrePlayZone Account or one of the Services, you agree to comply with
these terms and conditions.
Using your PrePlayZone Account
The PrePlayZone Account makes it easier for you to use and place orders on the Site and to use the Services.
We do not guarantee that the PrePlayZone Account, the Site, or any of the Services, will always be available or be uninterrupted. Access to the PrePlayZone Account is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the PrePlayZone Account without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You will need to ensure that the personal details you have recorded with us are accurate and up to date.
Please note that we reserve the right to suspend or terminate your account if it is or appears to us to be used in breach of any of the provisions of these Terms and Conditions, including the provision of false registration details or any other misuse of the Site. Any person who holds such a suspended or terminated account must not re-register on the Site without Our prior consent.
Other terms that form part of the contract
Security and Passwords
When you create a PrePlayZone Account you will use your e-mail address identification and password. You must treat them as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We will never ask you for your login details outside of the login process itself.
If you know or suspect that anyone other than you knows your e-mail address or password, you must promptly notify us at [email protected]
This event is being organised by PrePlayZone., whose base office is at 5 Carters Row, Northfleet, Kent, DA11 7BD.
We reserve the right to delete or deactivate any PrePlayZone Accounts that we regard as being inactive due to not having been used for a reasonable period of time. If we do this you may not be able to continue to use the Services and will have to create a new PrePlayZone Account in order to use the Site and the Services.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in the PrePlayZone Account, the Site, and the Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not modify or attempt to modify the PrePlayZone Account, the Site or the Services, nor to compromise any of the security features associated with the same. Our status (and that of any identified contributors) as the authors and owners of the PrePlayZone Account, the Site and the Services must always be acknowledged. You must not use any part of the PrePlayZone Account, the Site and the Services for commercial purposes without obtaining a licence to do so from us or our licensors.
If you are a business user, please note that in particular, we will not be liable for:
•loss of profits, sales, business, or revenue;•business interruption; • loss of anticipated savings; • loss of business opportunity, goodwill or reputation; or •any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide the PrePlayZone Account, the Site or the Services for domestic and private use. You agree not to use the PrePlayZone Account, the Site or the Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the PrePlayZone Account, the Site or the Services. We assume no responsibility for the content of websites linked on the Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any goods by use to you, which will be set out in our Terms and conditions of supply. No party other than the Account Holder and PrePlayZone has any rights under the Contracts (Rights of Third Parties) Act 1999 or any equivalent legislation in any jurisdiction, or otherwise, to enforce any term of these Terms and Conditions. These Terms and Conditions are subject to and shall be interpreted under English Law.
PrePlayZone Marketplace Seller Terms & Conditions
Welcome to the PrePlayZone Marketplace. The PrePlzyZone Marketplace is an application enabling users to transact directly with each other to buy and sell items. The Marketplace is accessed at URL www.preplayzone.com (the ‘Website’). The PrePlayZone Marketplace is operated by PrePlayZone a company base address of 5 Carters Row, Northfleet, Kent, DA11 7BD (“PPZ”). By using the PrePlayZone 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 PrePlayZone 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 PrePlayZone
• 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; “PrePlayZone” means PrePlayZone and its affiliates and associated companies; “PrePlayZone 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 “PrePlayZone Marketplace” means the virtual marketplace accessed via the Website which PrePlayZone 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.preplayzone.com 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 PREPLAYZONE MARKETPLACE
2.1. PrePlayZone’s role is to facilitate transactions between Sellers and Buyers through provision of the Marketplace. PrePlayZone 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. PrePlayZone 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 “PrePlayZone Mail“ system. PrePlayZone has no obligation to mediate between the parties or to enforce any contract. PrePlayZone 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. PrePlayZone 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. PrePlayZone owns the Website and operates the Marketplace using technology which PrePlayZone either owns or to which it holds a licence from the owner of that technology. Sellers are granted a limited non-transferable license from PrePlayZone 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 PrePlayZone; using any meta tags or other “hidden text“ incorporating any of the PrePlayZone 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. PrePlayZone 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. PrePlayZone 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
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 PrePlayZone 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. 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 PrePlayZone 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 PrePlayZone 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. PrePlayZone shall not be required to give reasons for any such refusal, removal or suspension.
3.8. 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 our commission payment 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 by the seller!
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 PrePlayZone), 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.preplayzone.com. 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
3.24. Information you provide may be shared amongst the members of the PrePlayZone for such reasons as laid out in section 3.23, 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 PrePlayZone 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. 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.
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 PrePlayZone 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. 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.
3.32. 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.
3.33. PrePlayZone, 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 PrePlayZone or one of its members and may not be used in connection with any item or service that is not provided by PrePlayZone, in any manner that is likely to cause confusion among Buyers, or that disparages or discredits any member of the PrePlayZone. To the extent that Listings include Seller’s or third party Intellectual Property sections 4.17 and 4.27 shall apply.
3.34. 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.
3.35. 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 PrePlayZone’s rights, remedies and defences, all of which are expressly reserved. You agree to indemnify the PrePlayZone for all claims brought by a third party against any entity within the PrePlayzone arising out of or in connection with the submission of an IPR Claim by you or against you.
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. PrePlayZone 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 PrePlayZone 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. PrePlayZone 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 PrePlayZone 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 PrePlayZone 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. PrePlayZone 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, 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 PrePlayZone Terms and Conditions for Users in their entirety.
4.2. You must have a UK registered PayPal account to register. If you are not located in the UK you may be permitted to use the PrePlayZone 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 PrePlayZone that: (i) if you are registering with PrePlayZone 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. 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 PrePlayZone 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 PrePlayZone 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 PrePlayZone 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 PrePlayZone 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 PrePlayZone 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 PrePlayZone 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 PrePlayZone 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 PrePlayZone 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. PrePlayZone 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 PreplayZone 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 PrePlayZone 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, PrePlayZone 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.
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 PrePlayZone 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 PrePlayZone 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 Seller will issue a refund to the Buyer and reverse of commission will be issued to seller (Only for tracked transactions). Where agreement is not reached between the Buyer and the Seller in accordance with the Fair Play Policy at section 5 PrePlayZone 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 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, seller will refund the purchase price to the Buyer and the status of the order will change to refunded.
4.43 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.
4.44 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.
4.45 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.
4.46 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
4.47 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.
4.48 Full or partial refunds can be requested by both a Buyer and Seller and can be accepted by the Seller and PrePlayZone in line with our Fair Play Policy.
4.49 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.
4.50 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
4.51 The price of any items sold on PrePlayZone 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.
4.52 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.
4.53 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.
4.54 Sellers do not necessarily need to be VAT registered to sell on the PrePlayZone 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
4.55 Commission Fees here are set at 13% flat rate, sellers with high sale rate may receive a lower commission rate but this is at PrePlayZone discretion.
4.56 All fees, charges, subscriptions and commissions are quoted including VAT.
4.57 PrePlayZone may amend the commission at any time by giving 30 days’ notice. Where the commission requires amendment due to error PrePlayZone may correct it immediately without prior notice to Sellers but will always try to give notice where possible.
4.58 Invoices for accumulated Seller fee’s will be generated on the last day of every month.
4.59 Settlement of remainder minus our commsion fee’s will be made on the 1st of every month by transfer of funds to the bank account or PayPal account nominated at the time of registration.
4.60 Settlement will be after deduction of all fees, charges, subscriptions and commissions have been calaculated.
4.61 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 is expected to be held by the Seller until any query raised is settled.
4.62 We reserve the right to delay, suspend or terminate any sale, Listing and/or your account, 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 PrePlayZone Marketplace; (v) the Seller has accrued an unreasonable level 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 PrePlayZone Marketplace or the Website and is harmful to our business operation or reputation; or (vi) you abuse or act discourteously toward any Buyer.
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 PrePlayZone 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 PrePlayZone 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 PrePlayZone 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 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 limit your seller account.
5.10 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.
5.11 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.
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 PrePlayZone or to any acquirer of any substantial part of the PrePlayZone business or the assets of PrePlayZone.
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 PrePlayZone, 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 PrePlayZone not Liable for User Disputes All transactions carried out in the Marketplace are between the Users involved and are not between any User and PrePlayZone (unless PrePlayZone 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 PrePlayZone, 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.
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 PrePlayZone. 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.
• 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 PrePlayZone’ branding or similar, unless approved in writing in advance by PrePlayZone.
• Any Restricted Items specifically designated by PrePlayZone at any time.
• No Digital or Download product will be sold via marketplace seller.