In these Terms and Conditions, the following words will have the following meanings:
“Contract” means the contract formed between you and us as set out in these Terms and Conditions for the sale, recycling, or return of your Item, as applicable;
“Item” means each item which you wish to sell to us in accordance with these Terms and Conditions; these can be CDs, DVDs, Blu Rays and VideoGames.
“Offer” means a group of items finalized by clicking “Sell My Items”
“Package” means the package, parcel or box that you send your Item to us in;
“we/us/our” means Buymydvds.co.uk;
“Website” means www.buymydvds.co.uk and also includes any other web-services or mobile applications on which you may sell your Items to us;
“Working Day” a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business;
“you/your” means you, the person using the Website and sending an Item to us to be purchased by us or recycled as set out in these Terms and Conditions
“us” means buymydvds.co.uk
If you do not agree with the Terms, please do not use this Site or access any services made available through this Website.
Use of buymydvds.co.uk
The Website has been developed for use by members of the general public only and not by businesses, organizations, co-operatives or traders (whether sole, market or otherwise).
By making an offer through the Website, you are confirming to us that:
1) you are an individual consumer who is legally capable of entering into binding contracts;
2) you are the legal owner or have the permission of the legal owner to sell Items to us;
3) you are at least 18 years of age or, if you are under 18 years of age, you have obtained your parent’s or guardian’s consent to sell your Items to us for the valuation indicated on the Website;
4) you are based in the UK or Channel Islands; and 5) you are accessing the Website from the UK or Channel Islands.
6) you have read and understood our Item Condition Guidelines (Click Here)
By creating an offer through the Website you agree and expressly warrant that prior to selling your Items (including CDs, DVDs, Blu-Rays & Video Games) they have not been digitally copied and you have not made any other type of illegal copy of the entertainment products that you are selling and furthermore agree and accept to fully indemnify buymydvds.co.uk against any potential action or action(s) whatsoever that may or may not be taken with regard to the sale of your entertainment products in relation to, but not limited to, artist rights, copyright and/ or intellectual property that might or may result from the sale of your entertainment products to buymydvds.co.uk.
You may only have one account per person. If you are found to have more than one account, we shall be entitled to immediately terminate your accounts and Pending Offers. We may charge you a reasonable administration fee based on the costs incurred by us in doing so.
If you are found to be abusing or manipulating the website or services we offer, we shall be entitled to recoup our losses from any payments owing on quality checked offers. We shall also be entitled to immediately terminate your accounts and cancel any Pending Offers.
By clicking ‘Sell my items’ you are offering to supply your Item(s) to us for the accepted price when creating your Offer. All Offers are subject to acceptance by us, and we will confirm our conditional acceptance to you in writing by sending you an email (Congratulations e-mail) that confirms that your Offer has been processed. Your items should be sent to us within 7 days (unless otherwise mutually agreed) of receiving this email. After this time has elapsed, your offer will be cancelled and your items will need to be re-listed.
By way of payment for your Item we will either;
pay you the amount offered With your prior agreement arrange disposal of offer With your prior agreement return your items for a small fee By creating an offer on our Website you acknowledge and agree that this constitutes payment for your Item.
Nothing in these Terms and Conditions shall affect our right to revise the valuation of your Item if it does not pass our Quality Assessment.
For all items, the valuation offered to you by us is valid for twenty-eight (28) days from the date that you create your offer, subject to your Items passing our Quality Assessment.
Any Valuation that we provide to you is our property. You must only use the Website’s valuation service to value Items that you own and are considering selling to us.
Your Cancellation Rights
You have a legal right to cancel your Contract with us at any time, without giving any reason, within 14 days beginning on the day after your Contract with us is formed (this is the date of the Order Confirmation).
It is important to note that we begin to perform the services to fulfil the contract when we receive your items. After you have done you will lose your right to cancel with penalty.
If you do wish to exercise your Cancellation Rights, please contact us and tell us in writing that you want to do so within the 14-day period from receiving our “Congratulations” email. To exercise these rights please contact us at email@example.com.
If you inform us that you no longer wish to send an Item(s), we will remove the relevant Item(s) from our system so that we know you will not be sending your Item(s). In those circumstances, you will not be entitled to any payment from us whatsoever.
Cancellation by Us
We reserve the right to cancel or amend the contract between us if:
the items you send do not pass our quality check; or you have previously sold a copy of the same title; or one or more of the items you traded was listed at an incorrect price due to a typographical error or an error in the pricing information stated by us; or the items received are not the same as the items specified at the time of the initial offer. If we do cancel your contract, we will notify you by e-mail.
If the cancellation is due to our error, we will send items back to you at our expense.
If the cancellation is due to us receiving additional items, items that fail our Item Condition Guidelines / Quality Checks you will be informed of this by email and given 5 working days to arrange a collection / pay for the return of the items. If we do not hear from you within 5 working days, the items that fail our Item Condition Guidelines / Quality Checks will be recycled by us in a responsible manner and you will not be paid for them.
Buymydvds.co.uk will pay a postage credit towards the postage cost which is automatically calculated when adding items to the selling basket. We willl only contribute the amount specified and you must meet the additional cost of posting if our postage credit is insufficient.
Responsibility and Title
Buymydvds.co.uk takes no responsibility for damage or loss for items sent to us by Royal Mail or any other courier you use. Customers are recommended to get proof of postage from the Post Office. Once we have received your items, checked them and dispatched payment for them to you, then ownership of the items passes immediately and irrevocably to us.
Responsibility for the care of the Item will remain with you and will only transfer to us when we receive your items at our warehouse. Restrictions We accept no liability whatsoever for any losses or harm arising from carriage of any Restricted Items provided by or on behalf of you.
It is your responsibility to ensure the correct goods are sent to us. Costs relating to returning packages, together with an administration charge as we feel appropriate will be charged if items other than what is expected are received.
Our decision is final where items fail our Quality Assessment. Please note that we are unable to supply photos of rejected items. Our Item Condition Guidelines can be found here for further information.
Both parties shall only be liable under this contract for losses, which are a directly attributable to the relevant breach of contract and liability shall not exceed the amount of the Offer for either party. We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
Any special indirect, punitive, incidental, special or consequential damages relating to your Contract with us. This includes but is not limited to direct and indirect loss of profit and loss of income. While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to trade goods to us on our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you trade.
Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
The Site may contain links to other websites. We are not responsible for the content, accuracy or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on or through the Site or the Service does not imply approval or endorsement of the linked website by us. If you decide to leave the Site and access these third-party sites, you do so at your own risk.
No warranty or guarantee is given as to the time taken to complete the transaction. Buymydvds.co.uk will make reasonable endeavours to complete the process in a fair timescale.
We strive to make payment as follows but it cannot always be guaranteed:
Please note that it is the responsibility of the user to ensure that payment details and addresses that are provided are accurate. If as a result of incorrect payment data the payment is made to the wrong party and the money cannot be recovered then the loss is the responsibility of the user. Under such circumstances if payment funds are recovered buymydvds.co.uk reserve the right to make a reasonable administration charge.
Regular communication will be sent via e-mail regarding the progress and status of each order.
Changes to Legal Notices
We reserve the right to change these terms and conditions from time to time and you should look through them each time you make a new offer.
Law, Jurisdiction and Language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
Third Party Rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.