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Terms and Conditions

Contents

Use these links to jump to the relevant section on this page.

• Introduction
• Definitions
• Contacting Us
• Copyright & Trademark Notice
• Use of the Website
• Privacy Policy
• Product Condition
• Purchasing Products
• Delivery Policy
• Cancellation Rights, Refunds and Returns
• Warranty
• General

Introduction

Welcome to gamerascal.co.uk!

Please read these Terms & Conditions carefully before using the gamerascal.co.uk website. By using our website, you signify your agreement to be bound by these Terms & Conditions.

If you disagree with any part of these Terms & Conditions, please do not use our website. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence. If you do not understand any part of these Terms & Conditions, then please contact us before placing an order.

Gamerascal may change these Terms & Conditions from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

These Terms & Conditions are effective from 21-Aug-2012.

Definitions

1. ‘We/us’ means Gamerascal
2. ‘You’ means a user of this website
3. ‘Users’ means users of this website collectively
4. ‘Website’ means the website located at www.gamerascal.co.uk or any URL which may replace it
5. ‘Product’ means a product displayed for sale on this website
6. ‘Product Description’ means that part of the website where certain terms and conditions related to an individual product are provided

Contacting Us

To contact us please use the form on the Contact Us page of our website or send an email to: customersupport@gamerascal.co.uk.

Copyright & Trademark Notice

The Content and other matters related to our website are protected under applicable laws relating to intellectual property rights, including but not limited to copyright and trademark laws. The copying, redistribution, use or publication by you of any such matters or any part of our website, except as set out in these Terms and Conditions, is strictly prohibited.

Any redistribution or reproduction of part or all of the contents of this website in any form is prohibited other than the following:

1. you may print or download to a local hard disk extracts for your personal and non-commercial use only;
2. you may copy the content to individual third parties for their personal use, but only if you acknowledge our website as the source of the material.

Gamerascal is a trademark of Gamerascal. Other product and company names contained on the website may be trademarks or service marks of their respective owners. Gamerascal reserves all right, title and interest in and to its copyright and trademark rights.

Use of the website

Access to the Website

We take reasonable steps to ensure that availability of the website is uninterrupted and that transmissions are error-free. Due to the nature of the Internet, however, this cannot be guaranteed. Also, access to the website may occasionally be suspended or restricted to allow for maintenance or to introduce new services or content.

Personal Information

You warrant that:

• The personal information which you are required to provide when placing an order is true, accurate, current and complete in all respects.
• You will notify us immediately of any changes to the personal information by contacting us.
• You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these Terms & Conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these Terms & Conditions.

Privacy Policy

GameRascal is committed to ensuring that your privacy is protected. This Privacy Policy sets out how GameRascal uses and protects any information that you enter on our website or give us in any other way. Should we ask you to provide certain information by which you can be identified, then you can be assured that it will only be used in accordance with this privacy statement.

What we Collect

We receive and may store any information you enter on our website or give us in any other way. Here are the types of information we collect:

1. contact details including name, phone number and email address
2. delivery information including address and postcode
3. your preference to receive or not to receive direct marketing emails
4. information about the type of browser you use
5. your IP address and other Internet related settings
6. anonymous statistics about how you use our website (see Google Analytics Overview)

What we do with the information we gather

We use the information to handle orders, deliver products and services, process payments, communicate with you about orders, products, services and promotional offers, update our records and generally maintain your details held by us, and display content such as products & services that might be of interest to you. We also use this information to improve our website and services, prevent or detect fraud or abuses of our website and enable third parties to process your payment or carry out technical, logistical or other essential non-marketing functions on our behalf. Anonymous extracts from customer feedback may be used for marketing purposes.

What we do with your payment details

We neither collect nor store your payment details (e.g. credit card numbers). Instead, when you are ready to check-out, you will be automatically redirected to the secure website of one of our Payment Service Providers, PayPal or Google Wallet, who will collect the necessary details from you. You should refer to the Payment Provider's own Privacy Policy for details of the information they may collect and store.

Does GameRascal share your information with others?

We do not sell your information to others. We share customer information only as described below. Information released to third parties is restricted to that required to perform specific functions and is processed only as permitted by the UK's Data Protection Act.

1. Payments and Refunds: We share with our Payment Service Providers, PayPal and Google Wallet, those details necessary to pay for your order or process a refund.
2. Delivery: we share your delivery details with delivery companies such as Royal Mail to deliver packages and other mail.
3. Protection of GameRascal and Others: We release personal information when we believe this is necessary to comply with the law; enforce or apply our conditions of use and other agreements; or protect the rights, property or safety of GameRascal, our users or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.
4. Product Improvement: We share with Google Analytics anonymous data regarding your use of our website to help us improve our product.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small text file on your computer which allows a web application to store information and use it to respond to you as an individual.

We use cookies to:

• enhance your shopping experience;
• enable you to share GameRascal pages through various social networking sites and email;
• provide anonymous statistical data to help us mould the website to your needs.

See Cookies for a detailed description of how we use cookies.

Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This would prevent you from taking full advantage of our website.

Controlling your personal information

You may choose to restrict the collection or use of your personal information in the following ways:

1. You can always choose not to provide information, even though it might be needed to make a purchase or take advantage of some website features.
2. You can choose not to have your address details stored in a cookie on your computer by clearing the ‘Remember me’ box on the checkout page. If you have previously checked the ‘Remember me’ box to have your address details stored in a local cookie, you can remove such information by following the instructions in your browser's Help system to delete the cookie.
3. You can refuse to accept cookies from our website by following the instructions in the Help pages of your particular browser. This may prevent you from using some of our website features.
4. You can choose not to receive direct marketing emails by leaving the ‘Allow Promotional Emails’ box unchecked on the checkout page. If you have previously chosen to receive direct marketing material, you can choose to stop receiving such material by clicking the Unsubscribe link contained in each marketing email we send you. Alternatively you can unsubscribe by contacting us.
5. You can prevent Google Analytics collecting anonymous visitor information by installing their browser opt-out Add-on.
6. You can choose not to have anonymous extracts from your feedback used in marketing materials by contacting us.
7. You can choose not to use the social icons (ShareThis, Facebook, Twitter & Email) at the top of each page.

You may request details of personal information which we hold about you under the Data Protection Act 1998. An administrative fee of £5.00 will be payable. If you would like a copy of the information held on you please contact us.

If you believe that any information we are holding on you is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any information found to be incorrect.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. We cannot, therefore, be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Product Condition

Introduction

All products offered for sale on this website are pre-owned. Most items have been used before coming into our possession, although some collectors’ items, for example, may never have been removed from their original packaging except for photographing purposes. It is the nature of this market, therefore, that the condition of products may vary between individual samples. We provide information concerning the functionality and physical appearance of each product in its Product Description. This is supported by more general information below.

Use these links to jump to the relevant section within Product Condition.

• Photographs
• Consoles
• Game Cartridges
• Boxed Games
• Instruction Manuals
• Console Cases, Game Cases & Accessories

Photographs

Most products are represented by stock photographs of typical samples in Good* Condition, captioned ‘Illustration only’. The condition of the item on offer may therefore differ from that shown in the photograph(s). To ascertain the condition of the actual item for sale, please refer to its Product Description and the tables in the following sections. Photographs not labelled ‘Illustration only’ are of the actual item for sale.
* If a photograph of a sample in good condition is unavailable, then a photograph of a differently graded sample may be substituted.

Consoles

All game consoles offered on this website are fully functional.

The condition of each console is either ‘As New’, ‘Very Good’, ‘Good’ or ‘Acceptable’ as defined in the table below. The appropriate grade is stated in the Product Description, which may also present a more detailed appraisal of the item’s condition.

As New Condition	The console screen and casing have no scratches or marks. The item is in pristine condition.
Very Good Condition	The console screen has no scratches. The inner and outer casing are in great condition with very little/superficial small scratches or scuffing.
Good Condition	The console screen may be scratched. The inner and outer casing may show little to moderate signs of wear including noticeable scuff marks and scratches.
Acceptable Condition	The console screen may be scratched. The inner and outer casing may show significant signs of wear including noticeable scuff marks and deep scratches.

Game Cartridges

All game cartridges offered on this website are fully functional and authentic.

The condition of each cartridge is either ‘Good’ or ‘Acceptable’ as defined in the table below. The appropriate grade is stated in the Product Description, which may also present a more detailed appraisal of the item’s condition.

Good Condition	The cartridge may show little to moderate signs of wear including minor scuff marks, superficial scratches, small creases and/or small tears in the label.
Acceptable Condition	The cartridge shows significant signs of wear including noticeable scuff marks, deep scratches, ink marks, deep creases and/or large tears in the label.

Boxed Games

All boxed games offered on this website are fully functional and authentic.

The condition of each box is is either ‘As New’, ‘Good’ or ‘Acceptable’ as defined in the table below. The appropriate grade is stated in the Product Description, which may also present a more detailed appraisal of the item’s condition.

As New Condition	The box is in pristine condition. If the box is unsealed, then the condition of its contents have been verified to be in as-new condition. If the box is sealed, then its contents are assumed to be in as-new condition, but no checks have been made (this is because many collectors prefer the seal to remain intact).
Good Condition	The box opens & closes properly and the manual is intact. The cartridge, box, cartridge holder and manual may each show little to moderate signs of wear including minor scuff marks, superficial scratches and small creases & tears.
Acceptable Condition	The box may have become squashed. The cartridge may show moderate signs of wear including minor scuff marks, superficial scratches and small creases & tears in the label. The box and manual may each show significant signs of wear including noticeable scuff marks, deep scratches, ink marks, deep creases and/or large tears. The cardboard or plastic insert used to hold the cartridge may be missing.

Instruction Manuals

Manuals are offered with all boxed games and with some unboxed games. Unless otherwise stated in the Product Description, all manuals are in 'Good' condition as defined in the table below.

Good Condition	The manual is intact but may show small signs of wear including small creases & tears.
Acceptable Condition	The manual includes all pages but some may have become detached. It shows one or more significant signs of wear including noticeable ink marks, deep creases and/or large tears.

Console Cases, Games Cases & Accessories

All console cases, game cartridge cases and accessories offered on this website are fully functional and authentic.

The condition of each case and accessory is either ‘As New’, ‘Good’ or ‘Acceptable’ as defined in the table below. The appropriate grade is stated in the Product Description, which may also present a more detailed appraisal of the item’s condition.

As New Condition	The item and its box (where present) are in pristine condition.
Good Condition	The case or accessory may show little to moderate signs of wear including minor scuff marks and superficial scratches.
Acceptable Condition	The case or accessory shows significant signs of wear including noticeable scuff marks, deep scratches or ink marks.

Purchasing Products

Children

If you are under 18 years of age, you may use this website only with the involvement of a parent or guardian. Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use by children.

Overseas Orders

Currently we accept overseas orders from all European member states, Norway and Switzerland.

Product Description

Each product purchased is sold subject to its Product Description. The Product Description sets out additional specific information related to that product such as its physical & operational condition and whether the associated retail box & instruction manual are offered.

Product Pricing

Despite our efforts, a small number of products in our catalogue may be incorrectly priced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and refund the difference. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order, refund the amount paid and notify you of such cancellation.

Products on our website are currently not liable for VAT.

We reserve the right to alter all product pricing without notice.

Product Availability

We make every effort to list on our website only those items we actually have in stock. On rare occasions, however, an error may mean that we are unable to fulfil your order at the time of purchase. We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.

How to Order

1. You are provided with the online equivalent of a Shopping Cart. To add items to the Cart, click the ‘Add to Cart’ button which is displayed next to the price of the desired product. You can remove items from your cart and change item quantities on the Shopping Cart page found by clicking the ‘Cart’ tab shown at the top of each website page.
2. When you have finished adding items to your Shopping Cart, open the Cart by clicking the 'Cart' tab at the top of the page, then click the ‘Checkout’ button on the Shopping Cart page. You will then be asked to fill-in your billing and delivery details.
3. After entering your billing & delivery details and confirming that you have read and agree with these Terms & Conditions, click the ‘Continue’ button below the data-entry form. Choose an alternative shipping method if desired, check the displayed totals, and click the 'Proceed to PayPal' button. You will be redirected to our Payment Service Provider's website (PayPal) where you can complete the payment process. Afterwards, click the link provided to return to our website.
4. Following successful payment, we will send you an acknowledgement email detailing the products you have ordered. The email will include a link to the web page where you can check the status of your order. Note that this acknowledgement email is not an acceptance by us of your order.
5. During the course of processing your order, you may receive one or more further emails from us indicating the status of your order.
6. Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with these Terms & Conditions (see Cancellation Rights, Refunds and Returns, below).

Non-acceptance of an order may be a result of one of the following:

1. We were unable to obtain authorisation for your payment.
2. A pricing or product description error was identified.
3. The product you ordered is out of stock.
4. The delivery address did not meet the Delivery Address Constraints set out in these Terms & Conditions.
5. You did not meet the eligibility to order criteria set out in these Terms & Conditions.

Gamerascal reserves the right to cancel orders at our discretion. If we cancel an order, it will be without charge to you.

The ordering process will be carried out in English.

Payments

To buy any product via the website you must make payment using a valid UK credit or debit card or PayPal. All payments are processed by PayPal, but you do not need to have a PayPal account in order to use their payment services.

Order Tracking

Once you have successfully placed your order and received e-mail acknowledgement back from us you are able to track its progress by accessing the web page indicated in your Order Acknowledgement email. You will be required to enter your email address and Order Number. The Order Number is given in your Acknowledgement email. You will receive an email confirmation when your items have been dispatched.

Delivery Policy

Where are items shipped from?

All items are shipped from the United Kingdom.

Which countries do you ship to?

We ship to all European Economic Community (EEC ) member states, Norway and Switzerland.

How long will it take?

We aim to dispatch all orders received before 3pm on the same day (Monday to Friday), although it may take longer during busy periods such as Mondays and Christmas. If you need us to dispatch on a Saturday then please choose Special Delivery.

Please allow the following delivery times (non-EEC customers should also allow enough time for packages to clear their respective Customs services):

Service	Allow	Tracked
Royal Mail 1st Class	1-3 working days	No
Royal Mail 2nd Class	2-5 working days	No
Royal Mail Recorded Signed For™	1-3 working days	Online delivery confirmation
Royal Mail Special Delivery™ Next Day	1 working day	Online tracking
Royal Mail Airmail: Europe	3-5 working days	No
Royal Mail Airmail: Rest of World	5-7 working days	No
Royal Mail International Signed For	Same as Airmail	Online tracking*; signature required upon delivery

* The 'International Signed For' service provides overseas tracking in the following destinations: Belgium, Denmark, Irealnd, Finland, France, Germany, Hong Kong, Hungary, Japan, Luxembourg, Netherlands, New Zealand, Singapore, Slovakia, Sweden and Switzerland.

For the latest information go to www.royalmail.com. Please note that we are unable to guarantee delivery times.

Where appropriate we will email you a Tracking Number so that you can track progress on www.royalmail.com.

How much will it cost?

Our delivery charges include postage & packing and are as follows:

United Kingdom

Order Value Up To	1st Class	2nd Class	Recorded Signed For™	Special Delivery™
£10.00	£1.80	£1.40	£2.50	£8.00
£30.00	£3.00	£2.40	£3.80	£8.00
£50.00	£3.50	£3.10	£4.80	£8.00
£70.00	n/a	n/a	£4.80	£8.00
then for every £20.00, add:	n/a	n/a	£0.10	£0.20

Rest of EEC

Order Value Up To	Airmail	Signed For
£20.00	£3.00	£11.00
£40.00	£5.00	£11.00
£100.00	n/a	£14.00
then for every £20.00, add:	n/a	£0.70

Rest of World

Please note: customers outside of the EEC may need to pay Customs charges as appropriate for their country. Please check your obligations in this matter before ordering from our website.

Order Value Up To	Airmail	Signed For
£20.00	£4.50	£9.50
£100.00	n/a	£12.00
then for every £20.00, add:	n/a	£0.60

Delivery Address Constraints

At present we deliver to addresses within the EEC and Norway only.

Different billing and delivery addresses: you can specify a different Delivery Address during the checkout process before you are redirected to PayPal's website, but please note:

• if you are not registered with PayPal, then you can use your credit or debit card to pay via PayPal's website but we will only be able to deliver to the account holder's address;
• PayPal will only show the billing address, but your Order Confirmation from us will show both your billing and delivery addresses.

Lost in transit deliveries

If you have not received your order within ten (10) days of the ‘Confirmation of Dispatch’ email (sent to the email address you supplied when you placed the order), please contact us stating your Order Number and we will be happy to rectify the situation.

In the unlikely event that an order is lost during shipment, we will attempt to source a replacement to dispatch to you. If this is not possible we will refund you the value of the missing item(s) to the card used for original payment. The value refunded will be equal to the value taken for original payment of the item(s), and will not reflect any price changes which have since occurred.

Cancellation Rights, Refunds and Returns

Unused Products

If you have not used the product then you may cancel your order for any reason provided that you notify us in writing within eight (8) days from the day after you receive your goods. Upon receipt of the returned product, we will issue a refund to the same card which you used to make the original payment. Please see Returning Items, below, for further details.

Used Products

If you have used your product, then you have a right to request an exchange or a refund only if the product is defective. Gamerascal offers a limited warranty period of one (1) month from the date of purchase during which you may request an exchange or a refund for a defective product. Please refer to Warranty, below, for further details. Defective products returned to us will be fully tested to verify the fault. Should an item not be found to be defective it will be dispatched back to you, however should an item be found to be defective we will first seek to repair the item; if no repair can be made, we will seek a replacement item. If no replacement can be issued, a refund will be given. Repairs can take up to 28 days. Please see Returning Items, below, for further details.

Incorrect Orders

Gamerascal must be notified in writing of any items that have been delivered incorrectly or incomplete within eight (8) days from the day after you receive your goods. Being notified outside of eight (8) days, Gamerascal reserves the right to refuse any refund or exchange requested for items which are not defective. Please see Returning Items, below, for further details.

Returning Items

Please contact us for the return address.

The product must be returned to us in the same condition as it was sent, with all retail packaging, accessories and manuals that came with it and any seals still in place and undamaged. If the seal has been broken or the retail packaging has been lost or destroyed, we will only be able to issue a refund if the product is faulty. You should include a copy of the invoice and a short note detailing the reason you are requesting a refund or exchange.

Prior to Gamerascal receiving such items the risk of loss and title for such items remains with the customer. This means that the risk of loss and title for such items passes to us upon delivery from the carrier. As such, we recommend that when sending items for exchange or refund you use an insured and/or traceable method of transit, such as Royal Mail Recorded Delivery.

We will refund the cost of standard or recorded postage incurred returning a product, if incorrectly sent by us or where the product has been returned due to a defect. Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.

We will not issue refunds for any items lost or stolen in transit to us. Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.

Warranty

For a period of one (1) month after the product has been purchased from Gamerascal by a consumer, Gamerascal warrants the buyer that the product is fully operational unless one of the limitations listed below is in effect.

Limitations

1. Our warranty is not applicable to products purchased outside the United Kingdom.
2. Our warranty is not applicable to products which are used commercially.
3. Our warranty does not become effective if the defect was caused by the buyer and/or a third person:
   1. handling the product negligently,
   2. having used the product incorrectly or together with products not produced or licensed by Nintendo™ (e.g. non-licensed game accessories, copiers, adapters or power packs),
   3. having modified it or having attempted to repair it,
   4. or having used it in disagreement with the manual published by the manufacturer.
4. Our warranty does not cover any limitations to product functionality specifically referred to or described in the Product Description on this website.
5. Our warranty does not cover a degradation of a rechargeable battery appearing over the course of time.
6. Our warranty does not cover physical damage, water damage, or software faults.

Gamerascal will decide whether to repair or replace the defective product or offer a refund. In any case this is free of charge for the buyer. Other claims against Gamerascal are excluded from this warranty; moreover, no claims can be made within this warranty for damages compensation.

To make a claim under warranty the buyer has to (a) notify Gamerascal in writing about the defect within one (1) month after the date of purchase and (b) send the product to Gamerascal within 30 days after the claim notification, together with a copy of the invoice.

This warranty is granted additionally to possible legal warranty claims which the buyer as a consumer is entitled to have.

General

Electronic Communications

We will communicate with you by e-mail or by posting notices on this site. You agree that all notices, agreements, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Limitation of liability

The information contained in this website is for general information purposes only, and is subject to change without notice. The information is provided by Gamerascal and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Every effort is made to keep the website up and running smoothly. However, Gamerascal takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Through this website you are able to link to other websites which are not under the control of Gamerascal. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Survival

Each provision of the conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Your Statutory Rights

Where acting as a consumer your statutory rights are unaffected.

Applicable Law

Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.