Terms & Conditions | Privacy Policy | Terms Of Trading

Terms of Trading

Version 1.2

Dated: 24.01.2012

This page (together with the pages referred to on it tells you information about us and the legal terms and conditions (Terms) on which we buy any of the products listed on our website (our site) that you wish to sell (Products).

These Terms will apply to any contract between us for the sale of Products by you (Contract). Please read these Terms carefully and make sure that you understand them.

You should keep a copy of these Terms for future reference.

We amend these Terms from time to time. Every time you wish to sell Products, please check these Terms to ensure you know which terms will apply at that time.

  1. 1
    Information about us
    1. 1.1
      We operate the website www.discflipper.com. We are Discfipper Ltd, a company registered in England and Wales under company number 9059613 and with our registered office at 7 Canada Close, Banbury, Oxon, OX16 2RT. Our main trading address is 7 Canada Close, Banbury, Oxon, OX16 2RT. Our VAT number is GB188832458.
    2. 1.2
      To contact us, please see our Contact Us page
  2. 2
    Use of our site

    Your use of our site is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you.

  3. 3
    How we use your personal information

    We only use your personal information in accordance our Privacy Policy Please take the time to read the policy, as it includes important terms which apply to you.

  4. 4
    How the contract is formed between you and us
    1. 4.1
      You may only enter into a Contract to sell your Products to us using our site if you a UK resident and you are at least 18 years old. You must be the legal owner of the Products you wish to sell to us.
    2. 4.2
      For the steps you need to take to sell your Products using our site, please see our home page. Please take the time to read this guide, because its terms are part of any legally binding agreement between us.
    3. 4.3
      Once you have provided all the details of your Products, we will give you a valuation. However, please note that this does not mean that will buy all your Products. Our acceptance of your offer to sell your Products will take place as described in clause 4.4.
    4. 4.4
      We will confirm our acceptance of your offer to sell your Products to us by sending you an e-mail (Confirmation). The Contract between us will only be formed when we send you the Confirmation, at which time, we will become the legal owner of the Products.
    5. 4.5
      If we do not accept your offer to sell your Products, we will responsibly recycle such items. We do not accept CD singles nor EPs. We do not accept 7”/12” Vinyl or any other Vinyl formats, nor do we accept cassettes. Any formats sent to us that are not CD albums, DVDs, Blu Rays or Games that are listed as accepted will be rejected and recycled responsibly and will NOT be returned under any circumstances.
  5. 5
    Our right to vary these terms
    1. 5.1
      We may revise these Terms from time to time.
    2. 5.2
      Every time you offer to sell Products to us, the Terms in force at that time will apply to the Contract between you and us.
    3. 5.3
      Whenever we revise these Terms in accordance with this clause 5, we will give you notice by stating that these Terms have been amended and the relevant date at the top of this page.
  6. 6
    Your description of the Products
    1. 6.1
      DiscFlipper may reject some of the Products, if the quality and condition is not as described below.
    2. 6.2
      By agreeing to be bound by these terms you state that the condition of the Products conforms to the following:
      • 6.3
        All items must be the original purchased product (not a copy), fully functional, with no deep scratches or cracks (light surface scratches will likely be acceptable), including all orginal artwork in undamaged condition. The disc in the case must also match the sleeve notes.
      • 6.4
        ALL discs must be present when selling us an item that contains more than one disc.
      • 6.5
        ALL items received into our warehouse must have an identical barcode to the one entered at the time of our quote. If there is no barcode on the product or it differs to the one entered on to our site it will be rejected.
      • 6.6
        Illegitimate copies of discs will not be tolerated and will be reported to the relevant authorities.
      • 6.7
        We only accept Games on the following formats: Playstation 2, Playstation 3, Xbox, Xbox 360, Nintendo Wii, Nintendo DS, Nintendo 3DS, PSP and PS Vita. Individual Games on these formats will be accepted after they have been entered into the DiscFlipper website as a Consignment. All games will be individually quality checked and must be complete. For clarity we DO NOT accept PC Games. We do not accept CD singles nor EPs. We do not accept 7”/12” Vinyl or any other Vinyl formats, nor do we accept cassettes. Any formats sent to us that are not CD albums, DVDs, Blu Rays or Games that are listed as accepted will be rejected and recycled responsibly and will NOT be returned under any circumstances.
  7. 7
    Price of products
    1. 7.1
      Assuming all information you provide about the Products is true and accurate, the price we are willing to pay to purchase each of your Products will be as quoted to you from time to time.
    2. 7.2
      The valuation of your Products is calculated on the basis of the information you provide to us. We reserve the right to withdraw or alter a valuation if the description, quality or condition of the Products is different to those described by you.
    3. 7.3
      You are responsible for making sure the description, quality and condition of your Products is accurate. The cost of returning poor quality Products exceeds the value of those Products. Therefore if you send Products that do not (in our reasonable opinion) match the description, quality or condition that you describe, you authorise us to dispose of those Products as we see fit, without any payment to you.
    4. 7.4
      Our price database is protected by international intellectual property laws. You may only use our valuations for your own personal, non-commercial purposes.
  8. 8
    Payment Terms
    1. 8.1
      If we enter into a legally binding agreement to purchase your Products, our automatic systems are designed to make payment to you quickly. Because we rely on systems provided by third parties, we can only make a binding promise to make payment to you within 30 days of Confirmation, as long as you have provided to us all relevant payment information.
    2. 8.2
      All payments include any VAT at the current rate.
  9. 9
    Your warranty for the Products
    1. 9.1
      As well as promising that you own the Products, you also promise that the Products are not counterfeit, fake, imitation, illegally obtained (including being downloaded or ripped without permission), or otherwise not a Product manufactured by (or under licence from) the original rights holder.
  10. 10
    Free Postage
    1. 10.1
      From time to time, we may offer you free postage, subject to stated terms and conditions. If you do not fulfil those terms and conditions, we reserve the right to charge you for the costs of postage. In addition to our right to claim those costs from you, you agree that we may offset the costs of postage against the price payable to you for any Products we purchase.
  11. 11
    Our liability
    1. 11.1
      If we fail to comply with these Terms, and subject always to the following provisions of this clause 10, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
    2. 11.2
      We do not in any way exclude or limit our liability for:
      1. 11.2.1
        death or personal injury caused by our negligence;
      2. 11.2.2
        fraud or fraudulent misrepresentation.
    3. 11.3
      We shall not be liable for any special, indirect, incidental, or consequential damages.
    4. 11.4
      In no event will our liability exceed the value of your Products, the quote we give for your Products, or £100, whichever is the least.
  12. 12
    Events outside our control
    1. 12.1
      We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 11.2.
    2. 12.2
      An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation, your failure to provide accurate information, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
    3. 12.3
      If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
      1. 12.3.1
        we will contact you as soon as reasonably possible to notify you; and
      2. 12.3.2
        our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.
    4. 12.4
      It is important you check that the contact information you provide to us is accurate and up to date. If you fail to respond to a request for further information, including any request to update your payment details, we may, after a period of 30 days, dispose of any Products you have sent to us as we see fit (without any payment to you), and / or donate any sum that was payable to you to a charity that we nominate.
  13. 13
    Communications between us
    1. 13.1
      When we refer, in these Terms, to "in writing", this will include e-mail.
    2. 13.2
      If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
  14. 14
    Other important terms
    1. 14.1
      We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
    2. 14.2
      You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
    3. 14.3
      This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
    4. 14.4
      Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the we will enter into good faith negotiations with you to achieve the result that was intended by both parties.
    5. 14.5
      If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    6. 14.6
      These Terms are governed by English law. This means a Contract for the sale and purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. 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.