Terms and Conditions

1. 1. These terms

   Welcome to Ziffit. These terms and conditions (“terms”) create a contract between you and World of Books Limited (trading as ‘Ziffit’) and you need to read them carefully. If you do not agree to these terms, then you will not be able to use the Ziffit Services (as defined below).

    

   1. What these terms are for: These are the terms on which you use our website (www.ziffit.com/en-gb) and Ziffit app and sell us your books, CDs, DVDs and video games (“items”) through our website or app. We refer to the services we provide you in accordance with these terms as the “Ziffit Services”.
   2. Why you should read them: please read these terms carefully before you agree to sell us your items. By clicking to complete any trade or transaction using the Ziffit Services (a “trade”) you signify that you have read and agree to be bound by these terms to the exclusion of any other terms.
   3. What these terms cover: These terms tell you who we are, how we process your trade (including what items we accept and reject, and what happens if we reject them), how you and we may change or end the contract, what to do if there is a problem and other important information, such as how we limit our liability to you. Your attention is drawn to sections 4, 5, 6 (in particular paragraph 6.3, as this deals with circumstances where we may not return your items) and 12.

2. 2. Who are we and how you contact us

   1. Who we are: We are Ziffit, a brand and trading name of World of Books Ltd, a company registered in England and Wales. Our company registration number is 06437594, our registered office is at Mulberry House, Woods Way, Goring-by-Sea, West Sussex, BN12 4QY, United Kingdom.
   2. How to contact us: You can contact us about these terms or your trade(s) by emailing us via our Contact Us page or via our Chat Bot which is available on our homepage. If you are contacting us, please include trade details (such as your trade number) to help us identify it. If there is anything you don’t understand or you think that there is a mistake in these terms, please contact us using these details.

3. 3. Privacy and acceptable use of the Services

   1. In order to provide the Ziffit Services and to process your trade(s), we may collect and process personal information you provide us when registering with us and when placing a trade. For information on how we use and process your personal information please see our Privacy Notice. Please also review our Acceptable Use Policy, which also applies to the use of the Ziffit Services.
   2. If you use our Ziffit app, use of that app is licensed to you on a limited, revocable and non-exclusive basis and you must not transfer, redistribute or sub-licence this limited licence.

4. 4. This contract and your promises

   1. Trade process and contract: Our website and app will guide you through the steps you need to take to complete a trade. This process allows you to check and amend any errors before submitting your trade. Please make sure you check your trade details at each stage of the trade process.
   2. When a contract is formed: The contract between you and us is formed when you click to ‘Complete’ your trade using the Ziffit Services and we send you an email confirmation. Please ensure that you add admin@ziffit.com to your email safe sender list. If you do not receive the email, please check your junk and spam folders before contacting us. It is your responsibility to check you have entered the correct email address and other details at the time of your trade.
   3. Minimum trade value: You agree that there is a minimum trade value (“minimum trade value”) of either:
      1. 10 items; or
      2. £5 total item value.
      We are not able to accept trades below the levels set out in 4.3(i) & (ii).
   4. We cannot accept trades from outside of mainland UK: We cannot provide the Ziffit Services and otherwise fulfil collections from outside of mainland UK if an item drop off location is not available in your location as provided by one of our third party couriers. We may need to reject your trade in certain situations depending on where you are located or charge an additional surcharge. We will always tell you as part of the trade process where we need to do this or if we cannot fulfil your trade. If trades that are not eligible for collection are sent using drop off collection, the trade may be cancelled and we will not be able to return these items. You can check if and where drop-off is available in your location here: https://www.ziffit.com/en-gb/collect-stores
   5. Incomplete trades: If trades do not arrive in full with all of the listed items you included at the time of placing your trade, as confirmed in the completed trade notification, and subsequently no longer meet the minimum trade value or do not otherwise comply with these terms, we will not be liable to pay for any items in the trade that we have not received. If this occurs frequently and we determine, in our sole discretion, that you are attempting to receive payment for items not sent, we may take reasonable action which may include closing your account and cancelling any outstanding trades. We may also prohibit you from using the Ziffit Services.
   6. Your promises: By placing a trade you promise that:
      1. you are a UK resident (accessing the Ziffit Services in the UK) and are at least 18 years old: (or if you are under 18, that you have obtained your parent's or guardian's consent to sell your items to us).
      2. you will only open one account per person: If you have more than one account, we shall have the right to terminate your account(s) immediately and cancel any active trades relating to those cancelled accounts. If you continue to operate or attempt to operate multiple accounts even after we have taken action, all future trades will be cancelled and we may not allow you to use the Ziffit Services in future.
      3. you are the legal owner of the items and you have the right to sell them to us: and they meet all the acceptance criteria (see section 5 below).
      4. you are a consumer: These terms apply to your use of the Ziffit Services as a consumer meaning that you are not selling us the items in the course of business. We may allow a limited exception to this in accordance with section 4.7 immediately below.
   7. Limited business use: We may permit business use where trading using the Ziffit Services is not the sole or main activity of the business, subject to compliance in full with these terms and at our sole discretion. We reserve the right to disable any accounts that we feel are in breach of these terms. You promise to repay us and hold us harmless against any loss, damage and liability we suffer in respect of any items you send, and trades you complete, as a business
      
      If you have any questions regarding trading with Ziffit as a business, please Contact Us.
   8. Changes to these terms: we reserve the right to change these terms from time to time and you should review them as often as possible and when you place your trade. Where we have changed these terms in a material way, we will inform you either by posting a notice on our website and/or our app, or by emailing you. The earlier terms will continue to apply to any outstanding trades.

5. 5. Acceptance criteria for items

   1. All items must meet the following criteria to be accepted and for payment to be made. Acceptance will only happen once the items pass our quality assessment (which uses the criteria below and in section 6.1). We may reject items that do not meet all of these criteria and cancel or amend your trade (see section 6 below). It is your responsibility (and not ours) to ensure that your items comply with the criteria set out below.
      1. each item must conform to our condition guidelines We may update these guidelines from time to time.
      2. the items must only be books or digital discs (which are either CDs, DVDs or video games (but not PC games)). No other types of items will be accepted. For example (without limitation), we do not accept any cassettes, tapes, minidiscs, calendars, diaries, consoles, puzzles or board games of any kind.
      3. you must ensure to remove all personal data from all items before sending them to us other than personal data contained in or on the item at the time of manufacture or first release. We are not liable whatsoever for any loss or damage suffered as a result of your breach of this condition.
      4. the items must be original items and not counterfeit, fake, imitation, pirated, ripped, digital copied, or other non-original items (“false copies”).
      5. the items must not be (nor contain any) illegal, unlawful, fraudulent, stolen, pornographic, obscene, defamatory, libellous, hazardous, inflammatory, dangerous, or toxic material, or any material which would cause harm or offence to a reasonable person or incite any person to hatred or crime (“offensive items”). We work with third party carriers including Collect+ and DPD and we reserve the right to update and amend the list of offensive items from time to time in the event we need to add additional prohibited items.
      6. you must ensure that the original barcode and ISBN numbers on the items exactly match those in your trade, and that the barcode is not missing or defaced. You must not search for an ISBN or EAN of a similar product and then use this information to submit an item. If your items arrive without barcodes or an ISBN, they will be rejected immediately, and we will not pay nor be liable for these.
      7. the items must be identical to the items you specify when you submit your trade, and they must match any indicated covers, sleeves, and other notes and instructions. We will reject and may charge you a reasonable administration fee for any differing items or items included by mistake.
      8. items may only be traded a limited number of times per account and this limit is entirely at our discretion and is subject to change. Once the maximum quantity limit has been reached, you will not be able to trade that item again within a time period as set by us.
      9. all items must be free of any and all security tags or any other extraneous addition that may prevent the item from being sold on.
      10. all items must be in good condition, intact, and free from damage (including being free from mould, water damage, other liquid damage, and any, annotation, writing, stamps, answers, handwritten inscriptions, or third-party markings, and each item must contain all original inclusions and supplements such as discs, covers, dust jackets and gifts, which must also be in good condition). You can find further information in our condition guidelines.
      11. for CDs, DVDs and video games, each item must also be free from scratching, play perfectly and include all cases, covers, sleeve notes and instructions which must not be damaged or defaced in any way, and box sets and multiple disc sets must contain all of the original, complete and intact discs and paperwork.
      12. for books, each item must also have no missing or discoloured pages, be free from notations and any highlighting, be free from age-related spots, tears, creasing and browning, and contain a clear, undamaged ISBN number (which is a 9, 10 or 13 digit number unique to each book that usually appears underneath the barcode) that matches the book and edition you indicated when placing your trade.
      You will fully compensate us for all costs and damages we suffer as a result of any claims by any third parties that the items do not comply with this section 5.1.

6. 6. Rejection of items and cancellation of trade

   1. Reasons for rejection: we reserve the right to, at our sole discretion, reject items and/or cancel or amend your trade where:
      1. the items do not fully meet any of the criteria set out in section 5.
      2. you do not comply with section 4.3, 4.4 or 4.5 and / or any of your promises in section 4.6 above are untrue.
      3. we suspect or know the producer or original owner has restricted the item’s resale (this may include, but not limited to, ex-rental copies).
      4. we do not receive the item within 30 days of you submitting your trade (and/or the items are incorrectly sent to us (see section 8.1 below)).
      5. one or more of the items was listed at an incorrect price due to a typographical error (or an error in the pricing information stated by us).
      6. you breach or have previously breached any of these terms and where the breach is remediable, we have given you a reasonable opportunity to remedy the breach and you have not done so. Where this is the case, we reserve the right to cancel any outstanding trades and we may not return your items.
   2. Our discretion: We will make reasonable efforts to act reasonably when assessing your items. However, you acknowledge that our decision is final on whether an item meets the acceptance criteria and/or falls within one of the categories in section 6.1 above. We will not enter into any discussions with you about our reasons around rejection, except where we have breached this contract or any laws.
   3. Consequences of rejection or cancellation: If your trade is cancelled before you send the items, neither you or we will have any further liability or obligations. If we reject your items and/or cancel or amend your trade, we will notify you by email. If the cancellation is due to our fault, or our courier’s fault, and you have sent us the items, we will either send the items back to you free of charge or alternatively pay you the valuation price we quoted for the items at the time of trade. If the cancellation is due to your fault or error (including without limitation, where the items do not fully meet any of the criteria set out in section 5.1, or any of your promises in section 4.3 are untrue), the items will be disposed of in a responsible manner, you will not be paid for them, and they cannot under any circumstances be returned. We will not be liable for any claims or losses arising from such disposal, and we may charge you reasonable compensation for the net costs we will incur as a result of your errors.
   4. Your right to cancel: You may cancel your trade any time up until the point where you post the items to us by contacting us using the contact details at section 2.2. You cannot cancel a trade once you post the items to us (i.e., if you have handed over the items to the courier or Collect+ outlet, or such other drop-off service as we may use from time to time). We will not be able to return any trades that you have requested to be cancelled if the items have already been collected or left at the collection outlet.
   5. Illegal and offensive materials: If we believe any of your items are false copies or offensive items, we will dispose of these at our sole discretion and we will not be liable for any claims or losses arising from such disposal. All such false copies and offensive items will not be paid for, will not be returned to you, and we may report such incidents to the relevant authorities. You understand, agree and accept that our decision as to whether the items are false copies or offensive items is at our sole discretion and final. You will fully compensate us for all costs and damages we suffer as a result of any claims by any third parties that the items are false copies or offensive items, or that the items or anything you post on our website breach a third party’s copyright or their other intellectual or physical property rights.

7. 7. Valuation and pricing of your items

   1. Price and validity of valuations: The prices we offer for your items on our website and app (“valuation”) are only valid for 24 hours from when you enter the barcode. If it has been more than 24 hours since you entered the barcode, the valuation for the item may be updated at the time you place the trade. Our pricing is dynamically updated based on our stocks of items and market prices and so you may get different valuations for the same item on our app and our website. Saved baskets of items are only valid for 30 days, and will be removed after this period. The payment we make is based on the value offered at the time of trading. All prices include VAT at the current rate.
   2. Pricing not to be shared: You promise that you will not publicise any Ziffit pricing, offers or valuations or share them on any other websites, mobile applications, or comparison websites/services without our prior consent.
   3. Accuracy of information and price: When you submit your trade, the information that you provide to us about your items may affect the valuation for the items. You agree and acknowledge that all information you provide to us is accurate and complete. We are reliant on that information to provide the Ziffit Services.

8. 8. Postage and delivery

   1. Sending your items: once you have submitted your trade, and you are happy your items meet all of the acceptance criteria and these terms, you will need to send them to us. When sending your items, you must do the following, or we may cancel the trade:
      1. obtain proof of posting and use the right delivery method:
         1. Weight limits: ensure that your package complies with the weight requirements and limits as set out our Website.
         2. Collect+ trades: You must print and properly attach the address label we provide to you at the time of your trade. You should only use one box otherwise you will incur additional postage charges (and we reserve the right to deduct any additional and unnecessary postal charges from our payment to you). If there is no suitable Collect+ drop off location close to you, it is at our discretion whether to offer a courier collection.
         3. Our InPost drop-off service: We and/or our partner will contact you after you submit your trade to confirm your required QR code and any other details need to drop off your trade successfully at an InPost locker. You should use only one box otherwise you will incur additional postage charges (and we reserve the right to deduct any additional and unnecessary postal charges from our payment to you).
         4. Other trades not collected by Collect+ or InPost: We or our courier will contact you after you submit your trade to confirm the estimated time and date to pick the items up from you at your nominated address, taking into account any date you have selected when submitting your trade. If items are left in a safe place, collection location or otherwise unattended, to be collected while you are not present, you accept full responsibility for any loss. We cannot be held accountable for any items wrongly collected by our courier if left unattended. You must write your trade number on your package when using the courier service. You may use more than one box per trade. The boxes must be sent at the same time (and if you request a further pick-up, we reserve the right to deduct any additional and unnecessary postal charges from our payment to you). Where collections fail, you may contact us and we will be able to rebook a collection. After 3 failed attempts, we may cancel your trade without payment to you.
      2. ensure that all items are appropriately packaged and secured properly, with no openings. Please read our packaging guidelines (available on our website) and make sure your package complies with them. Choose a strong box which holds all the items from your trade. Ensure the items inside are secure and will not move in transit. We cannot be held accountable for items damaged in transit due to substandard or inappropriate packaging and we will not pay for any damaged items that we receive in accordance with section 5.1.
      3. 16kg Maximum weight per package: Each package of items is subject to a maximum weight of 16kg. This means that you must not send us a single package that weighs more than 16kg. If your items weigh more than 16kg, you must split the items across two packages. This is to ensure that we comply with health and safety laws.
      4. ensure that all parts of one trade are sent at the same time. Should we receive only part of your trade, we will cancel items that have not been received, and process the items we have received. We will not be accountable for incomplete trades. You might be paid a reduced amount reflecting any additional postage costs incurred by us for a trade not meeting our minimum volume.
      5. where you have multiple trades, you must not put items from different trades into the same box. We reserve the right to reject any items from either trade if they have been packed into the same box. This is because it is difficult for us to track and process trades mixed in one box and it may cause us delays in processing your trade.
      6. Delivery charges: We will pay for the postage costs of trades posted to us using the delivery methods set out at 8.1. We will not pay for any postage costs if you do not use our specified delivery methods, or, when using Collect+, if you fail to attach the address label we provide.
      7. Liability for items transit: Transit will start when a parcel is handed to the Collect+ collection point or courier. Items lost whilst in the care of the courier (including Collect+) are their responsibility. If you wish to make a claim that your parcel is lost or damaged, you must notify us within 14 days of collection or posting (as applicable) of your items, to give us enough time to raise any claim with the courier on your behalf. If you do not notify us within this time, you may not be able to claim for your lost or damaged items. We will investigate the validity of any claim, and where valid, we will raise a claim with the courier. We will notify you in writing of the outcome of our investigation or claim (as applicable). If your claim is successful, we will pay you an amount equal to the valuation of the missing items. Please note that we cannot otherwise accept liability for loss or damage to the items until they have been received by us at our warehouse (unless caused by our default).
      8. Liability for items not received: We are not liable for any item we have not received due to it not being included by you in the package at the time of sending. If your trade was not sent using the drop off or collection facility offered when you completed your trade, we will be unable to make payment or return these items if they are lost in transit.

9. 9. Receipt, ownership, risk and processing of the items

   1. Ownership and risk: Once we have received your items, ownership of the items passes immediately and irrevocably to us. You promise that you have the necessary ownership rights or authority for ownership to pass to us on receipt. Risk of damage passes to us when we receive the items.
   2. Our processing of the items:
      1. We will send you regular communications via email regarding the process and status of each trade, including whether the items have been accepted or rejected. You may also log into your account for trade history updates.
      2. Although we will use reasonable endeavours to process items quickly, we cannot guarantee that we will process your items and complete the transaction within a certain timescale. As a guide to helping you understand the timescales involved: parcels can take up to 7 working days from posting to receipt. Once we receive them, we will check and process them within 7 days (although during busy periods this may take a little longer).

10. 10. Payment terms

    1. Payment will only be made for items that we have received, processed and accepted in accordance with the acceptance criteria in section 5 and have not been rejected under section 6) (“acceptance of the items”). All payments are made by the payment method you select at the time of submitting the trade.
    2. Timing of payments. All payments may take up to 5 banking days to clear our and your accounts. We will make PayPal, bank credit transfer (BACS) payments (and send all cheques) within 3 business days of our acceptance of the items.
    3. Payment processing errors:
       1. Please ensure that you have provided us with correct details at the time you submit a trade. We will not be responsible for delays or failures caused by your incorrect details. If a bank (or PayPal) refuses to clear a cheque or payment because of an error in the name, banking, or address details you have provided to us, we reserve the right to charge an administration fee in a form of deduction from the valuation. Payment reissues will then only be made by bank credit transfer (BACS) or PayPal and you will be required to provide us with your bank account details. If you provide incorrect details for any reissued payment, we may apply an additional administration charge by way of a further deduction from the valuation.
       2. You agree and acknowledge that some of the payment methods depend on third parties (who we cannot and do not control) to process these payments including, but not limited to, payments by bank transfer (BACS) and cheque. Payments may be subject to validation and security checks undertaken by us and third parties.

11. 11. Offers, bonuses, and competitions

    1. From time to time, we may run promotional offers including, but not limited to, flat monetary or valuation percentage additions or bonuses to valuations (“offers”).
    2. Offers will be subject to a minimum trade value (e.g. for £10) or amount, and the offer will only be added to the valuation after it reaches that minimum stated value. The bonus amounts and minimum levels are non-negotiable.
    3. Other stipulations and conditions might apply and will be clearly stated on the relevant marketing material for the offer (for example, new customer only offers).
    4. Offers are applicable to one trade (unless otherwise stated) and on one account only.
    5. Offers may not be used in conjunction with any other offers – unless otherwise stated.
    6. Ziffit may withhold the offer amount if, after we assess the quality of the trade items, the value of the trade does not match the minimum value eligible for the bonus.
    7. If an offer states that the promotion code must be added by you, the customer, before you complete your trade, this cannot be retrospectively or manually added.
    8. We may also from time to time run competitions, prize draws, and other contests (together “contests”). The full terms and conditions applicable to a particular contest will be displayed on our website and/or via email (and, where applicable, our app) at the time.

12. 12. Limitation of Liability

    1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so: This includes liability for: (i) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; (ii) fraud or fraudulent misrepresentation; or (iii) breach of your legal rights as a consumer. For more information about your legal rights as a consumer, please visit Consumer rights.
    2. We are not liable for business losses: we only provide the Ziffit Services for domestic, private use. Where we provide the Ziffit Services to any business, this is at our sole discretion and subject always to these terms. If you use the Ziffit Services for any commercial, business or re-sale purpose we will have no liability for any loss of profit, loss of business, loss of revenue, business interruption, or loss of business opportunity (in each case whether direct or indirect loss or damage).
    3. We are responsible to you for foreseeable loss and damage caused by us: If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is unforeseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the trade process. However, subject to section 12.1 and section 12.2, our liability in respect of your items will in no circumstances exceed the price offered for the items in the particular trade under which the loss arises.

13. 13. General

    1. Events outside our control: We and you will not be liable for any failure or delay in performing our or your obligations under these terms to the extent that such failure or delay is caused by an event outside of our or your reasonable control which includes (but is not limited to) breakdown of plant or machinery, collapse of building structures, fires, floods, terrorist acts, riots, strikes, epidemics, pandemics, natural disasters, storms, earthquakes, DDoS attacks, or failure of telecoms or transport networks. If an event outside our control occurs that affects your trade, we will inform you on our website, app or by emailing you.
    2. Our intellectual property: Nothing in the contract shall have the effect of transferring ownership to you of any of our copyrights, trade marks or other intellectual property rights howsoever arising and in any medium. You must not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content on our website or app, in whole or in part.
    3. Assignment and transfer: We may transfer or subcontract our rights and obligations under these terms to a third party. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
    4. Third party rights: A person who is not a party to these terms shall not have any rights under or in connection with it.
    5. Our notices: All notices from us to you will be displayed on our website, or app, or emailed to you from time to time. You should contact us using the details set out at the start of these terms.
    6. Waiver: If we fail to insist that you perform any of your obligations under the 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.
    7. If a court finds part of the terms illegal, the rest will continue in force: Each of the sections in these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
    8. Complaints and alternative dispute resolution. We hope you are satisfied with the Ziffit Services, but if you wish to raise any complaint, please contact us at customer.complaints@ziffit.com and we will try to resolve your issue promptly. If you are not happy with how we handle your complaint, you may want to submit a complaint to the Centre for Effective Dispute Resolution (CEDR), who are an alternative dispute resolution (ADR) provider, via www.cedr.com (please note CEDR may charge you). ADR is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not satisfied with the outcome of ADR, you can still bring legal proceedings.
    9. Applicable law: the terms of the contract (including any dispute or claim arising out of or in connection with it) are governed by the laws of England and Wales. Subject to section 13.8, the courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to any dispute unless you are a business customer in which case the English courts will have exclusive jurisdiction.