Terms and Conditions

1. 1. These terms

   Welcome to Ziffit.

   1. What these terms are for: These are the terms on which you use our website (www.ziffit.com/en.-ie) and Ziffit app and sell us your books, CDs, DVDs and video games (“items”) through our website or app (the “Ziffit Services”).
   2. Why you should read them: Please read these terms & conditions (“terms”) carefully before you agree to sell us your items (by clicking to complete any trade or transaction) using the Ziffit Services (an “order”), as by using the Ziffit Services and clicking to complete any trade you signify that you have read and agreed to be bound by these terms.
   3. What these terms cover: These terms tell you who we are, how we process your order (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.

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

   1. Who we are: We are Ziffit Ltd, a company registered in England and Wales. Our company registration number is 07464659, our registered office is at Unit 2 Holm Oak Business Park, 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 orders by telephoning our customer support team at +44(0)1903 507544 or by  emailing us at support@ziffit.com. If you are emailing us please include order 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

   1. In order to provide the Ziffit Services and to process your orders, we may collect and process personal information you provide us when registering with us and when placing an order. For information on how we use and process your personal information please see our Privacy Policy. Please also review our Acceptable Use Policy, which also governs your use of Ziffit Services.

4. 4. This contract and your promises

   1. Order process and contract:  Our website and app will guide you through the steps you need to take to place an order. This process allows you to check and amend any errors before submitting your order. Please make sure you check your order at each stage of the order process.
   2. When a contract is formed: The contract between you and us is formed when you click to ‘Complete’ your order 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 at the time of your order. There is a minimum order value of either 10 items or €5 total item value. We are not able to accept orders below this. 
   3. Your promises. By placing an order you promise that:
      
      (a) you are a resident of the Republic of Ireland (accessing the Ziffit Services in  the Republic of Ireland) 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).
      
      (b) you will only open one account per person. If you have more than one account, we shall have the right to terminate your accounts immediately, cancel any active orders, and charge you a reasonable administration fee of €25.
      
      (c) you are the legal owner of the items, you have the right to sell them to us, and they meet all the acceptance criteria (see section 5 below).
      
      (d) you are a consumer. These terms apply to your use of the Ziffit Services as a consumer. You confirm that you are not acting as a business (which includes placing orders in the course of your trade or profession). Any unauthorised use of the Ziffit Services by a business may result in us blocking your account and disposing of your items (and we will only return your items if you pay our administration charge within 5 days of our notice). You indemnify and hold us harmless against any loss, damage and liability howsoever arising in respect of any items you send, and orders you place, as a business. If you would like to use the Ziffit Services or make any trades as a business, please contact support@ziffit.com​​​​​​​.
   4. Changes to these terms: We reserve the right to change these terms from time to time and you should look through them as often as possible. Where we have changed these terms in a material way, we will inform you either by posting a notice on our website or our app, or by emailing you. The earlier terms will continue to apply to any outstanding orders. 

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 order (see section 6 below).
      
      (a) the items must only be books or digital disks (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, minidisks, calendars, diaries, consoles, puzzles or board games of any kind. You must ensure to remove all personal data from all items before sending them to us.
      
      (b) the items must be original items and not counterfeit, fake, imitation, pirated, ripped, digital copied, or other non-original items (“

      false copies

      ”).
      
      (c) the items must not be (or contain any) illegal, stolen, pornographic, obscene, defamatory, libellous, 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

      ”).
      
      (d) you must ensure that the original barcode and ISBN numbers on the items exactly match those in your order, and that the barcode is not missing or defaced.
      
      (e) the items must be identical to the items you specify when you submit your order, 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.
      
      (f) each individual item should be different from the other items in the same order and your prior orders (and we may reject orders that contain multiple copies of the same item(s) and/or repeat orders that contain the same item(s)).
      
      (g) 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.
      
      (h) 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, hand written inscriptions, or third party markings, and each item must contain all original inclusions and supplements such as disks, covers, dust jackets and gifts, which must also be in good condition).
      
      (i) for CDs, DVDs and video games, they must also be free from heavy scratching, play perfectly and include all cases, covers, sleeve notes and instructions which should not be damaged or defaced in any way, and box sets and multiple disc sets must contain all of the original, complete and intact disks and paperwork.
      
      (j) for books, they must also have no missing or discoloured pages, 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 order.

6. 6. Rejection of items and cancellation of order

   1. Reasons for rejection: we reserve the right to, at our sole discretion, reject items and/or cancel or amend your order where:
      
      (a) the items do not fully meet any of the criteria set out in section 5.
      
      (b) any of your promises in section 4.3 above are untrue.
      
      (c) we suspect the producer or original owner has restricted the item’s resale (this may include, but not limited to, ex-rental copies).
      
      (d) we do not receive the item within 30 days of your order (and/or the items are incorrectly sent to us (see section 8.1 below)).
      
      (e) 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).
   2. Our discretion: We will try 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 order is cancelled before you send the items, neither you nor we will have any further liability or obligations. If we reject your items and/or cancel or amend your order we will notify you by email. If the cancellation is due to our fault, or our courier’s fault, 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 order. 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 6.1, 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 order 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 an order once you post the items to us (e.g. if you have handed over the items to the courier or Parcel Motel location, or such other drop-off service as we may use form time to time).
   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 order. 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 order. All prices include VAT or such other local tax as may be in force in the relevant jurisdiction you are based 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 place your order, the information that you provide to us about your items may affect the valuation for the items so please make sure that all information you provide to us is accurate.

8. 8. Postage and delivery

   1. Sending your items: Once you have placed your order, and you are happy your items meet all of the acceptance criteria, you will need to send them to us. When sending your items, you must do the following, or we may cancel the order:
      
      (a) obtain proof of posting and use the right delivery method:
      
      i. Parcel Motel for orders under 10kg and that do not exceed the following dimensions: 41cm x 38cm x 64 cm. You must print and properly attach the address label we provide to you at the time of your order. Once you have attached the address labels, you must take your items to your nearest Parcel Motel drop-off location. You will then need to scan the barcode (or enter barcode numbers) on the label we have provided you with and then leave the parcel in the next available locker.
      
      ii. Our courier service for 10kg plus orders. We or our courier will contact you following your order 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 placing your order. You must write your trade number on your package when using the courier service. You may use more than one box per order. 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, the courier will make two further attempts to collect a parcel. After 3 failed attempts, we may cancel your order without payment to you.
      
      (b) 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 of 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 packaging and will not pay for these items.
   2. (c) ensure that all parts of one order are sent at the same time. Should we receive only part of your order, we will cancel items that have not been received, and process the items we have received. We will not be accountable for incomplete orders. You might be paid a reduced amount reflecting any additional postage costs incurred by us for a trade not meeting our minimum volume.
      
      (d) 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.
   3. Delivery charges: We will pay for the postage costs of orders posted to us using the delivery methods set out at section 8.1. We will not pay for any postage costs if you do not use our specified delivery methods, or, when using Parcel Motel, if you fail to attach the address label we provide.
   4. Liability for items transit: Transit will start when a parcel is handed to the Parcel Motel point or courier. Items lost whilst in the care of the courier (including Parcel Motel) 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).

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:
      
      (a) We will send you regular communications via email regarding the process and status of each order, including whether the items have been accepted or rejected. You may also log into your account for order history updates.
      
      (b) 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 the order.
    2. Timing of payments. All payments may take up to 5 banking days to clear our and your accounts. We will make PayPal, bank transfer payments (and send all cheques) within 3 days of our acceptance of the items.
    3. Payment processing errors:
       
       (a) Please ensure that you have provided us with correct details at the time you place an order. 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 of €25 in a form of deduction from the valuation. Payment reissues will then only be made by bank transfer 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 of €25 by way of a further deduction from the valuation.
       
       (b) You agree that some of the payment methods depend on third parties (who we cannot and do not control) to process these payment including, but not limited to, payments by bank transfer and cheque. Payments may be subject to validation and security checks.

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 order (unless otherwise stated) and on one account only.
    5. Offers may not be used in conjunction with any other offers.
    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. 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, 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 and private use. If you use the Ziffit Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    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 not foreseeable. 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 order process. However, subject to section 12.1, our liability in respect of your items will in no circumstances exceed the price offered for the items in the particular order 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, natural disasters, storms, earthquakes, or failure of telecoms or transport networks. If an event outside our control takes place that affects your order, 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. 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 another organisation. 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.
    6. 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.
    7. Complaints and alternative dispute resolution. We hope you are satisfied with the Ziffit Services, but if you wish to raise any complaint, please contact support@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. Please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
    8. Applicable law: The terms of the contract (including any dispute or claim arising out of or in connection with it) are governed by Irish law. You and we both agree to that the courts of Ireland will have non-exclusive jurisdiction to hear any disputes or claims arising out of or in connection with this contract.