Terms and Conditions
Ziffit.com web properties (“Website and App") allows you to sell to us your books, CDs, DVDs and computer games (the " Goods ") is run by Ziffit Ltd company number 07464659 (" we ", " us ").
In order to sell your unwanted items on Ziffit.com web properties you will be asked to accept and agree to the following Terms and Conditions by ticking the box marked "Tick to accept Terms and Conditions" or on the app by clicking on “Completing your trade", to affirm that you have read, accepted and agree to be bound by these Terms and Conditions when completing your transaction and selling your items. If you do not accept and agree to be bound by these Terms and Conditions you will be unable to sell your items on Ziffit.com web properties.
Please ensure that you have carefully and thoroughly read these Terms and Conditions before selling your items on the Ziffit.com web properties. We also recommend that you retain a copy of these Terms and Conditions for your records.
Our contract with you
- The contract between you and us is formed when you complete your transaction on our web properties (the "Order").
- You confirm that you are at least 18 years old; or if you are under 18 years of age, that you have obtained your parent's or guardian's consent to sell your items to us for the sum indicated on our Website and you and your parents/guardians release us of any liabilities or claims that may arise if you send your items to us in breach of this warranty.
- By placing an Order you confirm that you are selling your Goods in your capacity as a private individual and you are not a business, organisation or trader. Any use of Ziffit.com web properties by businesses, organisations or traders (whether sole, market or otherwise) that are not authorised in writing by Ziffit.com may result in these accounts being blocked/barred and any goods that we have paid for the shipping of only being released back to the unauthorised parties upon payment of administration charges to Ziffit.com. Administration charges shall be of the amount and size as determined by Ziffit.com at its sole discretion. You will also accept and agree that Ziffit.com will be unable to return these goods in all cases where the administration charge is not paid. Ziffit.com may dispose of these goods at no charge to Ziffit.com and to fully and without question indemnify Ziffit.com against any loss, loss of profits, damage and liability whatsoever and howsoever arising from a breach of these Terms and Conditions.
- Only one account per person is allowed.
- We may reject Orders that contain multiple items of the same Goods and/or repeat Orders that contain the same Goods.
- When selling your items to us you do so under these Terms and Conditions only.
- Ziffit.com web properties are for the use of UK residents only.
- You expressly understand, accept and agree that Ziffit.com pricing for products (the valuation(s) and or offer price(s)) shall not be used by you on any other website(s)/mobile application (s) and on price comparison websites/services.
Acceptance of your Order
- All orders are subject to our grading process using the criteria outlined below.
- To complete a trade, a minimum of 10 items or £5 total item value is required.
- Games, DVDs and CDs must:
- Be identical to what you have submitted in your trade
- Be original discs only. No counterfeit or pirate material.
- Match the covers and sleeve notes or instructions.
- Be free from heavy scratching and play perfectly.
- Include covers, sleeve notes and instructions which should not be damaged or defaced in any way.
- Be free from water damage or hand written inscriptions.
- All DVD and CD box sets or multiple disc sets must contain all of the orginal, complete and intact discs and paperwork and comply with all stipulations in this section of the Terms and Conditions.
- Books must meet the following criteria.
- We can only accept books that have an ISBN number. This ISBN is a 9, 10 or 13 digit number that it unique to each individual book. It appears underneath the barcode on most books. Books must be identical to those you have submitted in your trade.
- Books without an ISBN number that have been submitted by using an ISBN number from a different edition will be rejected.
- Book covers must be free from damage.
- The ISBN must match the product you submitted during your trade.
- All pages must be intact, with none missing or pages discoloured.
- All pages must be free from writing, annotation, stamps and/or answers (Textbooks) or any third party markings.
- Books must be completely free from water damage, mould or foxing. All original supplements such as discs or gifts must be included.
- The dust jacket must be present where one has originally been provided.
- 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.
- It is your responsibility to ensure that any item's ISBN or barcode numbers match exactly that of the items sent to Ziffit. In cases where there is a mismatch we reserve the right to not accept the item. All items sent to us that are not matched by ISBN or barcode number are deemed to have been sent to us for the purpose of being sold and we reserve the right to take ownership of them.
- When selling your Goods, the payment we make is based on the value offered at the time of Order only and is subject to your Goods passing our quality checks.
- When you place your Order the information that you provide to us about your Goods may affect the price offered for the Goods so please make sure that all information you provide to us is accurate.
- Upon inspection of your Goods, if we find any item(s) that we believe to be counterfeit, fake, imitation, an illegal copy or a non-original product we will dispose of these at our sole discretion. All such counterfeit, fake, imitation items or illegal copies will not be paid for, will not be returned and we may report such incidents to the relevant authorities. You understand, agree and accept that the determination as to the originality of the items/products that you wish to sell to us is at our sole discretion.
- We reserve the right to reject items where we suspect the producer or original owner has restricted the item’s resale. This may include, but not limited to, ex-rental copies.
- We reserve the right to not enter into discussions regarding whether items fall within, but not limited to, sections 2.3 and 2.4 above if, after our grading process, we deem them to.
- We do not accept cassettes or tapes of any kind, specifically (but not limited to): music, video (VFF or Betamax) or games. We do not accept any minidisc formats.
- You may cancel your Order up until the point where you post the Goods to us. You cannot cancel an Order once you have posted the Goods to us.
- We may cancel and/or amend the Order and you will not receive payment if:
- the Goods you sent do not pass our quality check; or
- the Goods are not received by us; or
- the Goods received are not the same as the Goods specified at the time of the initial Order; or
- One or more of the Goods you send us was listed at an incorrect price due to a typographical error or an error in the pricing information stated by us.
- If we cancel and/or amend your Order we will notify you by email. If the cancellation is due to our error we will send the Goods back to you. If the cancellation is due to your error the goods will be disposed of in a responsible manner and you will not be paid for these items.
- If for any reason you include items we do not accept with your Order, we will dispose of them responsibly and they cannot under any circumstances be returned. You hereby accept and agree to hold us harmless and fully indemnify us against any loss material or otherwise that you may suffer due to disposal of these unaccepted items by us and/or our partners or affiliates.
- We will pay for delivery of Goods submitted to trade on the Website.
Postage and delivery
- We cannot accept any liability for any loss or damage to the goods until they have been received by us at our warehouse (unless this is caused by our negligence). Items lost whilst in the care of the courier are the courier's responsibility.
- Sellers are recommended to get proof of postage from the courier.
- All parcels must be secured properly and appropriate packaging used as referred to in our packaging guidelines: 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. Securely fasten the package making sure there are no openings. Try to use one package where possible. We cannot be held accountable for items damaged in transit due to substandard packaging and will not pay for these items.
- You must use the address label provided to use the Collect+ service or write your trade number on your package/s when using the Courier Service.
- You must ensure that all parts of your 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. Ziffit.com will not take responsibility for incomplete orders. You might be paid a reduced amount so that any additional postage costs incurred by Ziffit.com for an incomplete trade not meeting our minimum volume are covered.
- 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.
- In instances where collections fail the company will make two further attempts to collect a parcel. After 3 failed attempts in total the company may choose to make no further attempts to collect a parcel.
- If you use our Collect+ service you should only use one box otherwise you will incur additional postage charges. E.g. if your items weigh less than 10Kg you should just use one box and not two or more. If you use an excessive number of boxes this does have an additional cost to Ziffit.com and we reserve the right to deduct any additional and unnecessary postal charges from your payment.
- If you use our courier service (for orders over 10kg) you may use more than one box per order. The boxes must be sent at the same time. However if you delay in sending part of your order and request a further pick up Ziffit.com reserve the right to deduct any additional or unnecessary postal charges from your payment.
- Transit will start when a parcel is handed to the Collect+ point or Courier.
Ownership and risk of the Goods
- When you send the Goods to us you confirm you are the legal owner or have permission of the owner to sell the Goods through our web properties.
- Once we have received your Goods ownership of the Goods passes immediately and irrevocably to us.
- Risk of damage to or loss of the Goods remains your responsibility until the Goods are delivered to us.
- Payment will only be made for items that have been accepted within Clause 2 above.
- No warranty or guarantee is given as to the time taken to complete the transaction. Ziffit.com will make reasonable endeavours to complete the process in a fair timescale. As a guide to helping you understand the timescales involved: Parcels can take up to 7 days to arrive at Ziffit.com. Once the items have arrived at Ziffit.com we will check and process the items within 7 days. Although during busy periods this may take a little longer.
- All payments are made by PayPal, bank credit transfer (BACS) or your donation to a UK charity within 3 days of your Goods being deemed to comply with these Terms. Terms and conditions for PayPal and Justgiving can be found here: http://goo.gl/E4Kdz & http://goo.gl/EqBFK
- Payments may take up to 5 banking days to clear. Dependent on which payment method you have chosen.
- If a bank refuses to clear a cheque because of an error in the name or address details you have provided to us, Ziffit reserve the right to charge an administration fee in a form of deduction from the trade value in question for the reissue of payment. Payment reissues will then only be made by bank credit transfer (BACS). You will be required to provide Ziffit with your bank account details in order to reissue a payment. If you provide incorrect details for any reissued payment we may, at our discretion apply an additional administration charge by way of a further deduction from the trade value.
- Please ensure that you have provided us with the correct details at the time that you place your Order. We will not be held responsible if you provide us with incorrect contact and/or bank and/or PayPal details. You understand, agree, accept that some of the payment methods made available to you depend on third parties (third parties that/who we cannot and do not control) to process these payment including, but not limited to, payments by bank transfer (BACS) and cheque. We will not be liable for delay in receipt of payment as a result of the actions or inactions taken by such third parties. Payments may be subject to validation and security checks that we may or third parties may require at our/their discretion from time to time.
- All payments include VAT at the current rate.
- Regular communication will be sent via email regarding the process and status of each order or users may log into their account and look into the order history for updates.
- Subject to the remainder of this clause:
- our total liability to you in respect of all other losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price offered for the Goods in the particular Order under which the loss arises; and
- We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with these Terms.
- You agree to indemnify and hold Ziffit.com, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, (including reasonable legal fees) relating to your breach of this Agreement and your posting of any material on this site.
- Users agree and expressly Warrant that prior to selling their CDs, DVDs, Blu-Rays and/or Games that they have not "ripped", digitally copied or made any other type of illegal copy of the entertainment products that the User is selling and furthermore agrees and accepts to fully indemnify Ziffit.com against any potential action or action(s) whatsoever that may or may not be taken with regard to the sale of their 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 the Users entertainment products to Ziffit.com.
- Nothing in these Terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation; or
- Any matter in respect of which it would be unlawful for us to exclude or restrict liability.
- Subject to the remainder of this clause:
- We will not be liable for any failure or delay in performing our obligations under these Terms to the extent that such failure or delay is caused by an event outside of our reasonable control which includes (but is not limited to) breakdown of plant or machinery, collapse of building structures, fires, floods, storms, earthquakes, postal strikes, or default of suppliers or subcontractors.
- We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights or obligations under these Terms.
- You may not assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms without our prior written consent.
- If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.
- A person who is not a party to these Terms shall not have any rights under or in connection with it.
- Notices; Unless otherwise expressly stated in these Terms and Conditions, all notices from you to us must be in writing and sent to our contact address at Ziffit.com, Unit 2 Holm Oak Business Centre, Goring by Sea, West Sussex, BN12 4QY and all notices from us to you will be displayed on our website from time to time.
- Changes to legal notices; We reserve the right to change these Terms and Conditions from time to time and you should look through them as often as possible.
- These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
Instant Cash Vouchers
- Upon successful assessment of your items after we receive them, and if you have selected Instant Payment as your preferred payment method.
- Ziffit will send you one unique cash voucher only
- The voucher will be sent to your email address and, where applicable, to your Ziffit App (please enable push notifications)
- You print or display your unique voucher on your smart phone and present it to one of 60,000 Pay Point outlets who will scan your code and give you the exact amount printed on the voucher
- You can locate your closest participating Pay Point outlets via our help section
- Your voucher is valid for one transaction only and the redemption of it will automatically and immediately invalidate the voucher for further use
- You will not need identification to redeem your voucher. Please ensure that your voucher is kept safe, Ziffit are not responsible for loss or theft of the voucher or its cash redemption
- Ziffit or any of its agents will not be responsible for any unauthorised redemption and will not issue a replacement once payment has been taken
- If a voucher has been lost or deleted, please contact Ziffit Customer Service department (0845 094 3608) who may be able to re-issue the same unique voucher (this will only be valid to use once)
- The voucher is valid up until midnight of the valid date printed on it. If your voucher has not been redeemed at the point of expiry, Ziffit will have sole discretion whether to issue a new code. Please contact customer services and speak to us, we’re always happy to help
- The displayed amount is non-negotiable
Instant Cash Vouchers Offer
- Eligibility for Participation: The Contest is only open to individuals (referred to as “Participants”) Participants must be (i) a resident of the United Kingdom and (ii) over 18 years of age. Participants will only be entered into the contest once and are only allowed to win a prize of a Gift Set once. Ziffit employees and their immediate family are not permitted to enter the Prize Draw.
- Access to Contest: The Participants will be entered into the prize draw if they submit a trade between 09:00 09 Dec ‘16 and 00:01 25 Dec ’16 and choose the “Instant Cash Voucher” payment option.
- Ziffit does not accept responsibility for network, computer, hardware or software failures of any kind, which may restrict or delay the sending or receipt of your entry. Entries must not be sent through agents or third parties. Late or incomplete trades will not be accepted. Any trades made by a person found to be using multiple accounts to enter the Prize Draw will be ineligible.
- Winner is announced: Those selected to win the prize will receive the extra cash as an Instant Cash Voucher.
- The Prize: £100 cash fulfilled using the Instant Cash Voucher.
- Selecting winners: Winners will be selected at random with 1 winner in every 100 trades made between the submission dates.
- If, for any reason, the Prize Draw is not capable of running as planned, as a result of any causes beyond the control of Ziffit which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Prize Draw, Ziffit reserves the right at its sole discretion to cancel, terminate, modify or suspend the Prize Draw and/or select winners from all eligible entries received prior to the cancellation.
- Ziffit reserves the right to (i) withdraw the competition (ii) cancel or change the promotion, (iii) cancel or refuse any individual’s entry and (iv) amend these terms and conditions at any time if circumstances make this necessary.
- Ziffit reserves the right at its sole discretion to disqualify any Participant it finds to be tampering with the entry process or the operation of the Prize Draw; to be acting in violation of these Terms and Conditions; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person or contestant.
- Ziffit is not responsible for any incorrect or inaccurate information, caused by any of the equipment or programming associated with or utilized in the Prize Draw or by any technical or human error which may occur in the processing of submissions in the Prize Draw. Ziffit is not responsible for any injury or damage to any Participant or to any computer related to or resulting from participating or downloading materials in connection with this Prize Draw.
- Copyright: Upon submission, contest entries become the property of Ziffit and each Participant relinquishes any claims of ownership or rights therein upon submission of their entry into the Contest. Entries may be shared on the Ziffit social and email channels as part of the competition.
- This Prize Draw shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English courts
Bonus and cash offers
- From time to time Ziffit may run a promotional offers including, but not limited to, flat monetary or trade value percentage additions to trade vales
- The promotions will be subject to a minimum trade value (for e.g. £10) and the bonus will only be added to the trade value after the trades reaches the minimum achieved by the scanning and acceptance of the customer’s items
- The bonus minimum amount may not be displayed on the trade page but will be automatically added to the trade bonus total once the minimum amount has been reached
- The bonus amounts and minimum levels are non-negotiable
- Other stipulations and conditions might apply and will be clearly stated on the marketing material (e.g. for first time traders only)
- Ziffit reserves the right to remove this bonus before payment of the trade total if some or all of these terms and conditions are not met
- Each bonus is applicable to one account only and not multiple trades within the same account unless otherwise stated
- Promotions and bonuses may not be used in conjunction with other promotions and bonuses
- Ziffit may withhold the bonus amount if, after we assess the quality of the trade items, the value of the trade does not match the minimum value needed to be eligible for the bonus
Version CMS UL 06-04