Terms and Conditions
1. The owner of this web site is Gamexchangecouk Ltd whose address is
Castleway Business Centre
49-51 Preston New Road
2. Your contract for purchases made through the Site is with GameXchange.co.uk, and you undertake that any and all goods ordered by you are for your own private and domestic use only.
3. You must be eighteen years old to use this site. If you are under eighteen, you may only use the site in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the site.
4. While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you we will treat the order as cancelled. If we cancel and you have already paid for the goods, you will receive a full refund.
5. No contract for the sale of any product will subsist between you and GameXchange.co.uk until GameXchange.co.uk dispatches the product(s) ordered. We will confirm that the product(s) have been dispatched by a confirmation email. This confirmation e-mail amounts to an acceptance by GameXchange.co.uk of your offer to buy goods from GameXchange.co.uk or a third party supplier that is engaged on your behalf by GameXchange.co.uk (whether or not you receive that e-mail).
6. You agree that e-mail can be used as a long-distance means of communication.
7. This confirmatory e-mail will contain all relevant statutory information concerning your contract.
8. The confirmatory e-mail will also contain a link to these terms and conditions, and may be amended in accordance with paragraph 61 below from time to time.
9. You must check that the details on this confirmatory e-mail are correct as soon as possible and you should print out and keep a copy of it.
11. You undertake that all details you provide to GameXchange.co.uk for the purpose of ordering or purchasing goods or services are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the goods or services ordered.
12. You must choose a username and password on completion of registration. You are responsible for all actions taken under that username and password and shall only use the Site under your own username and password. You must make every effort to keep your password safe and should not disclose it to anyone. If it is compromised, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.
13. If there are any changes to the details supplied by you it is your responsibility to inform GameXchange.co.uk as soon as possible.
14. All purchases are non-exchangeable, non-refundable and non-transferable.
15. Our system doesn’t distinguish between original and re-release copies of the same game (eg Platinum and Classics).… indeed publishers do not always inform us when they repackage one of their titles so there may be occasions where you receive an order where the box is a different one to that pictured (but the game is identical). In these circumstances if you are unhappy please contact us and we will arrange a return and replacement or refund.
16. Preorders/New Releases
These are shipped as soon as the stock comes into our warehouse and payment is received to ensure they arrive on your doormat on or before release day.
17. You may cancel your order at any time prior to your order being processed by clicking on the ‘cancel’ link next to the product ordered on your account page on the website. You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 7 working days after the day after you receive the product by:
a. sending the notice of cancellation by email to terms@GameXchange.co.uk ensuring that you quote your name, address and order reference number; or
b. where you have already received the goods, returning the goods to GameXchange.co.uk unopened together with the original invoice. GameXchange.co.uk will refund you the purchase price of the goods. Where appropriate GameXchange.co.uk shall refund any additional customs duties borne by you on receipt of the relevant customs receipt.
18. Once GameXchange.co.uk receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to GameXchange.co.uk from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by GameXchange.co.uk in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to GameXchange.co.uk.
19. GameXchange.co.uk reserves the right to make a 15% restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at its sole discretion. GameXchange.co.uk also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.
20. GameXchange.co.uk Initiated Order Cancellation:
Although it is rare that it would be necessary for GameXchange.co.uk to cancel an order, we reserve the right to deny any orders from a customer where the following situations arise:
a. Billing / Payment / Shipping Information
Orders cannot be processed due to an error in information you have provided, which may include, but are not limited to:
b. Incorrect credit/debit card number, expiration date or card security value.
c. Incorrect billing information (billing information you provide is different from information your financial institution has on record).
d. Insufficient/Incorrect shipping address (street address, city, or post code).
e. Fraudulent information.
f. Merchandise Shipping Delay or Unavailability
If a product is delayed out of our fulfillment center or becomes unavailable, GameXchange.co.uk may cancel the order.
g. Previous Fraudulent Order History
GameXchange.co.uk may cancel any order if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. GameXchange.co.uk may also refuse any orders connected with a previous credit card dispute.
21. This section applies only to the extent permitted by law. For the avoidance of doubt, GameXchange.co.uk do not exclude or limit any liability for (a) personal injury (including sickness and death) where such injury results from GameXchange.co.uk’s negligence or willful default, or that of GameXchange.co.uk's employees, agents or subcontractors or (b) fraudulent misrepresentation.
22. GameXchange.co.uk does not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services.
23. If an error is discovered in the price of the goods that you have ordered, we will inform you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a product which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the goods in the circumstances described in this clause, we shall refund the full amount in accordance with these Terms.
24. GameXchange.co.uk will do its best to correct errors and omissions as quickly as practicable after being notified of them.
25. TO THE FULLEST EXTENT PERMITTED BY LAW, GAMEXCHANGE.CO.UK IS PROVIDING THIS SITE AND ITS CONTENTS ON AN ‘AS IS’ BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THIS SITE INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, GAMEXCHANGE.CO.UK DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
26. In the unlikely event that you receive goods which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, GameXchange.co.uk shall, at its own option, make good any shortage or non-delivery, replace or repair any damaged or defective goods, or refund to you the amount you paid for the goods in question PROVIDED THAT you notify GameXchange.co.uk of the problem in writing at the address stated in the confirmation e-mail within 10 working days of delivery of the goods. NOTHING IN THIS CLAUSE AFFECTS YOUR STATUTORY RIGHTS.
27. You and GameXchange.co.uk will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract.
28. The products sold on the Site are provided for private domestic and consumer use only. Accordingly, GameXchange.co.uk do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Site or for any products or services purchased from GameXchange.co.uk.
29. All electrical products are covered by a twelve month manufacturer's warranty. If your product develops a fault while under warranty, please contact GameXchange.co.uk and we will advise you where to send it for repair. It is a "return to base" warranty therefore there will be a delivery charge to return the product back to the relevant UK service centre.
Processing of orders
30. Credit and Debit cards are debited on the day of shipping by GameXchange.co.uk. All prices include sales taxes (where applicable) unless otherwise stated, and no charge is made for shipping.
31. GameXchange.co.uk aims to arrange shipment of all ‘in stock’ items within 24 hours of receiving your order. Your order may be delayed if the item is not in stock with our suppliers. Some items may be unavailable and the current stock status is approximate. GameXchange.co.uk are not able to supply dates our suppliers may get an item in stock.
32. You can keep track of your order status yourself on-line with the order tracking facility on your account page. Our standard Returns Policy applies to all purchases from GameXchange.co.uk.
33. Please be aware that your first purchase can only be shipped to your billing address (if using card/paypal payment) - this can include several first orders made around the same time. If another address is submitted it is likely your order will be held/rejected by our security filters.
34. The period stated within which you will receive your order is approximate. Goods will be sent to the address given by you in your order and stated in the Order Confirmation. Please note that your goods may be sent to you in installments. You may cancel your entire order with us if subsequent installments forming part of your order are not delivered by us.
35. Title to any product ordered will pass to you once GameXchange.co.uk has received payment in full for that product. Risk in any product ordered will pass upon delivery to you.
36. If your delivery address is outside of the UK, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance must be borne by you. You should note that customs policies vary widely from country to country; GameXchange.co.uk advises each customer to contact their local customs office for further information.
37. Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
38. All claims for lost in post must items must be made after 10 working days and within 60 days of the order being dispatched.
39. We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
40. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
41. No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
42. You may not permit, create unauthorized framing of, or deep linking to, the Site or the creation of derivative works thereof from any other website under your management or control.
43. In these Terms, ‘Intellectual Property Rights’ means patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely.
44. Subject to the licence granted to you to use the Site, GameXchange.co.uk reserves all rights, title and interest in its Intellectual Property Rights in the Site. Any goodwill accruing from use of GameXchange.co.uk and its affiliates’ trade marks, trade and business names and service marks under this Agreement will vest in GameXchange.co.uk and its affiliates, as appropriate.
45. It is a crime to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous or fictitious order will be prosecuted to the fullest extent of the law. GameXchange.co.uk tracks the electronic ‘fingerprints’ of every order placed on GameXchange.co.uk to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website.
46. We reserve the right to terminate this Agreement and to suspend or terminate your access to the Site immediately and without notice to you if:
a. you fail to make any payment to us when due;
b. you breach the terms of this Agreement (repeatedly or otherwise);
c. when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
d. we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.
47. GameXchange.co.uk may amend these Terms from time to time, and place the new version on the Site. When GameXchange.co.uk do so, it will mention the fact on our home page (www.GameXchange.co.uk). For users purchasing goods or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms Otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following GameXchange.co.uk’s posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using the Site.
48. These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between GameXchange.co.uk and you relating to your purchase. GameXchange.co.uk advises that you print off and keep safe a copy of these terms and conditions once your order has been accepted by GameXchange.co.uk. We will store a copy of the contract entered into by you with GameXchange.co.uk. You are advised to read (and are responsible for reading) fully all information on this website.
49. If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
50. These Terms are subject to the laws and exclusive jurisdiction of the United Kingdom.