Welcome to PlayTrade, the online trading platform operated by Playtrade s.à.r.l. on the website www.play.com (‘Website’).
PlayTrade s.à.r.l. is a private limited liability company ("Société á responsabilité limitée") with its registered office at Playtrade Sarl, 4-6 avenue de la Gare, L-1610 LUXEMBOURG, R.C.S. Luxembourg number B117514. The Website excluding PlayTrade is owned and operated by Play Limited, whose address is Play.com, PO Box 192, Jersey, JE4 8 RP.
Every time you transact on PlayTrade (including the acts of buying, selling, listing or editing a listing) you agree to conduct your business in line with the latest Usage Policy and Code of Conduct, which may be reviewed and amended by us from time to time. You will be informed of any review or amendment made to the Usage Policy and Code of Conduct by a warning on the Website.
Please read this Usage Policy and Code of Conduct carefully before using PlayTrade.
The Usage Policy and Code of Conduct is laid out in seven sections:
Changes to the site: We reserve the right to make changes to this site, this Usage Policy and Code of Conduct, the disclaimers and the terms and conditions at any time.
This PlayTrade User Agreement was last updated in July 2011.
1. The role of PlayTrade
1.1 PlayTrade provides a platform for buyers and sellers to transact with each other but we are neither directly involved in nor a party to any such transaction. Any contract concluded is solely between buyer and seller. The enforcement of any obligation resulting from the conclusion of any contract is thus the sole responsibility of the buyer and seller party to that contract.
1.2 In the event that a dispute occurs between buyer and seller, both parties are obliged to make every possible effort to resolve the dispute. Any complaints and/or questions with respect to a sale transaction should be directed to the other party involved. PlayTrade is not obliged to mediate between parties or enforce or execute fulfilment of any contract.
1.3 We provide a platform for users of PlayTrade to express their opinion via the feedback mechanism. By doing so you agree that your feedback will be available for viewing by other participants on site and you agree not to hold us responsible for any feedback or ratings published on the website. You release us from and waive all rights against us in respect of any liability arising out of or in connection with the publication of any comments about you in the feedback and rating system.
1.4 We reserve the right to immediately terminate any sale or listing if you are in breach of our Usage Policy and Code of Conduct. We reserve the right to remove or restrict access to PlayTrade or to remove any objectionable or inappropriate material including listings, feedback, seller nicknames or branding.
1.5 We grant a limited non-transferable license to each participant to make personal use only of the site and the services in accordance with this Usage Policy and Code of Conduct. This license expressly excludes, without limitation: any commercial use of the site and the services not provided for in the Usage Policy and Code of Conduct; modifying, distributing, copying, republishing or making any derivative of the site or the services; any framing, or using framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Play.com and its affiliates; using any meta tags or other “hidden text” using Play.com’s or its affiliates’ names or trademarks; the collection and use of participant e-mail addresses or other participant information, ratings, feedback or listings, or any data extraction or data mining whatsoever.
1.6 We do not guarantee continuous and uninterrupted access to PlayTrade and to our services.
1.7 By agreeing to this Usage Policy and Code of Conduct and listing an item, you grant us and our affiliates a non-exclusive, worldwide, royalty-free right to exercise all copyright, database rights and rights of publicity over the material displayed in your listing or in any other catalogue or product information that you provide to us (excluding any of your logos, trademarks or other similar branding), in any existing media now or at any later date.
1.8 Such rights shall survive through the whole duration of our business relationship and until all your transactions are completed.
1.9 The business relationship is deemed to be terminated when your account is permanently closed and any outstanding balances have been cleared.
1.10 The business relationship between PlayTrade and the sellers is subject to VAT. In certain circumstances, you could be liable for VAT in your country or in Luxembourg. PlayTrade strongly recommends you to do proper research as to whether you have to declare VAT to the tax administration of your country or not. PlayTrade requires a valid VAT identification number from EU sellers who are VAT-registered. EU sellers are liable to notify PlayTrade of any change in VAT status.
2. General conditions for all users
2.1 Registration requirements
2.1.1 In order to use PlayTrade you must register an account at Play.com and agree to abide without restriction to this Usage Policy and Code of Conduct. You must accept this Usage Policy and Code of Conduct and agree to abide by it every time you purchase or sell a specific product on PlayTrade. If you do not accept the conditions laid out here you may not access PlayTrade and our services.
2.1.2 The use of PlayTrade services is limited to parties that can lawfully enter into contracts under the laws of their respective country of residence.
2.1.3 Minors under 18 years old can only use our services with the prior consent of their parents or guardians. A minor must refrain from buying or selling items that are restricted to adults (e.g. 18 certificate movies).
2.1.4 At all times during your use of PlayTrade and our services (such as the feedback mechanism), you must remain courteous to other participants.
2.1.5 At registration or at other times during your interaction with PlayTrade you may be required to provide a nickname for use of the services. You warrant that this nickname is not objectionable, obscene, discriminatory or inflammatory and does not infringe any other party’s rights, such as copyright, trade mark, good will or patents.
2.1.6 You will be required to provide a password which will keep your account secure. At all times you are responsible for maintaining the security and secrecy of this information and should not under any circumstances give out this information to another party. You are solely responsible and you accept responsibility for any use of or action taken under your account. If your password is compromised you must change it immediately.
2.1.7 You will be required to provide real information including your name, address, telephone number, email address, date of birth, credit card number and expiry date, and you warrant that such information is true, correct and complete.
2.1.8 You must immediately notify us if any of your information changes and you warrant that you will keep all of your personal information up-to-date and accurate.
2.1.9 We reserve the right to reject any application for use of PlayTrade at our sole discretion, if we feel that doing so would protect our interests, those of our users and, in general, those of the website.
2.1.10 If you are in breach of our Usage Policy and Code of Conduct laid out here we reserve the right to terminate your account immediately and without notice.
2.1.11 We, our affiliates and our employees, may use PlayTrade and are governed by the same Usage Policy and Code of Conduct laid out here. Our employees must trade in a personal capacity and not as our representatives and must not use the fact that they are our employees to influence any transaction.
2.1.12 Unless agreed by us previously in writing, your use of PlayTrade is limited to one account for both buying and selling.
2.1.13 You can terminate our relationship by writing to our registered address. Otherwise, we may reasonably assume that our relationship is terminated if there has been no activity on your account for the period of 8 (eight) months from the date of the last transaction.
2.1.14 Upon termination of the relationship, we will transfer any remaining balance to your bank account.
2.2 Buying and selling requirements
2.2.1 You may only use PlayTrade to buy or sell items for which there is an equivalent product page on Play.com. Items which differ materially from product pages on Play.com must not be bought or sold or listed on PlayTrade.
2.2.2 During your registration as a PlayTrade seller, you will be required to submit details of a current credit card. The processing of your credit card details will be conducted by Play.com on behalf of PlayTrade. Play.com may run credit checks on this card to ensure that personal information you have submitted as part of the registration process is accurate and current. This may involve checks on the security number on your credit card, the billing address you provide, and other checks as we see fit to protect our interests, those of the users and, in general those of the Website.
2.2.3 All payments will be handled by us and you should not buy or sell through any other payment method, for example personal cheque or money transfer.
2.2.4 Any transactions processed outside of PlayTrade will be subject to our fees as laid out in our fees page if such transaction was aided or brought about by PlayTrade.
2.2.5 You may not buy or sell items that infringe another party's copyright, patent, trademark, design right, database right, or other intellectual property or other proprietary right (e.g. pirated software, CDs, videos and DVDs, OEM software and so on). New Region-1 DVDs may be listed by sellers resident within the USA or Canada by our prior agreement, and must be dispatched from the USA or Canada directly to buyers. Buyers are limited to one copy of Region 1 titles for personal use only, and acknowledge that they are the importer of record of this item.
2.2.6 You may not buy or sell items whose sale, distribution or offering is prohibited, or whose export is limited by any applicable law. You are solely responsible for checking whether any such restrictions apply to the items you intend to buy or sell under the laws of your country of residence.
2.2.7 The price of any items sold on PlayTrade must be displayed inclusive of delivery and inclusive of any customs and excise duty, VAT and any other taxes associated with the fixed price sale which may be applicable. Sellers will not charge or seek to charge the buyer for any customs and excise duty, VAT or other taxes which are additional to the price displayed for the item on PlayTrade.
2.2.8 All postage, customs and excise duty, VAT and any other taxes associated with the sale (if applicable) will be paid by the buyer and it is the seller's responsibility to determine, collect and remit the applicable VAT, customs and excise duties and any other taxes associated with the sale.
2.2.9 Buyers agree to pay sellers in either pounds sterling (£) or euros (€) depending on which currency the seller has listed the item for sale.
2.3 Use of data
2.3.2 Information you provide may be shared between the Play Limited group of companies for such reasons as laid out in section 2.3.1 and may if necessary be passed to a member of the Play Limited group out of the European Economic Area for this purpose. Your personal data will never be passed to any third party companies except as expressed in clause 2.3.3 above or clause 3.1 below.
2.3.3 Information you provide will be passed on to buyers or sellers if required to complete the transaction (for example a buyer’s telephone number and address may be be given to a seller for delivery purposes). In using the site to buy and sell items you accept that your personal data may be used for such purposes.
2.3.4 Buyers and sellers must use each other’s data only for the purpose of completing the transaction for which it is received, including dispatch and communication about the transaction. The data must not be subsequently stored nor may it be passed on to any third party; nor may it be used for follow-up marketing, solicitation or any other purposes which may infringe on data protection or privacy laws.
2.3.5 Sellers and buyers must not communicate with each other except for the purpose of completing the sale. Any marketing or redirect messages, including URLs, within such communications are prohibited.
2.3.6 Participants have the right to access their stored data, to rectify them if required and to object to the storage of their data for legitimate purposes.
2.4 General conduct and behaviour
2.4.1 You are responsible for all electronic communications and content sent from your computer, seller account or communications centre.
2.4.2 You must not use PlayTrade or any of our services for any unlawful activity.
2.4.3 You warrant and indemnify PlayTrade against any of your actions that would cause our services or website to be interrupted, damaged or impaired.
2.4.4 You must not use our services to send, list, distribute or otherwise divulge any material that is illegal, objectionable, defamatory, obscene, menacing, otherwise injurious or in breach of third parties’ privacy or intellectual property rights.
2.4.5 You must not send, list, distribute or use any material that contains viruses, commercial solicitation (including URLs for websites other than those of Play.com), adwares, chain letters, mass mailings or any "spam".
2.4.6 In the event that you notice any content or material that you believe may be in breach of this Usage Policy and Code of Conduct, please notify us immediately. We will make reasonable endeavours to investigate and, if appropriate, remove the content or material complained about within a reasonable time.
2.5 Copyright and Trademarks
2.5.1 All content on the Website is the exclusive property of Play.com and its affiliates. All graphics, logos, button icons, text, images, audio clips, digital downloads, data compilations and software (which may also belong to our software suppliers) appearing on the Website are protected by Luxembourg and international intellectual property laws.
2.5.2 You are not allowed to copy, extract and utilise parts of the contents of the site without our and Play.com’s express written consent. The use of data mining, robots, any software or similar data gathering and extraction tools to extract for re-utilisation of any substantial parts of this site constitutes a violation of our copyrights.
2.5.3 You are not allowed to imitate or use PlayTrade or Play.com site presentation and structure, create and/or publish your own database that features substantial parts (e.g. Play.com prices and product listings) of this site without our and Play.com’s express written consent.
2.5.4 Play.com, PlayTrade, FairPlay and other trademarks appearing on the Website (graphics, logos, page headers, button icons, scripts and service names) are the trademarks of Play.com and may not be used in connection with any product or service that is not Play.com’s, in any manner, that is likely to cause confusion among customers, or that disparages or discredits Play.com.
2.5.5 You should assume that everything you see or read is copyrighted, including trademarks not owned by Play.com that appear on the site, which are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PlayTrade.
2.5.6 If you believe that any of the features appearing on the Website may constitute infringement of your intellectual property rights (“IPR Claim”), please contact the seller of the item in question (by clicking on “contact seller” accessible from any of the seller’s listings). If you are unable to resolve the IPR Claim with the seller directly, please notify us in writing. Upon receiving notification of an IPR Claim, we will make reasonable endeavours to investigate and/or remove the content or material within a reasonable time, such steps are taken without any admission as to liability and without prejudice to PlayTrade’s rights, remedies and defences, all of which are expressly reserved. You agree to indemnify Playtrade and its affiliates for all claims brought by a third party against Playtrade and its affiliates arising out of or in connection with the submission of an IPR Claim by you.
4. Specific conditions for sellers
4.1 Conditions of Registration and Use
4.1.1 For the purpose of registering as a seller you must provide additional information, including your date of birth, a seller nickname and country of residence.
4.1.2 At all times you are responsible for the safety and security of your seller account and should not give details of these out to any other people. In the event that your seller account and/or secure details are compromised you must immediately change any secure details.
4.1.3 You accept that your email address will be given out to buyers who purchase from you, or to any buyers who contact you via the communication system to whom you subsequently respond.
4.1.4 At the time that you register as a seller, we will run a credit check against your credit card to ensure that the personal information provided at registration is accurate and current. This may involve checks on the security number on your credit card, the billing address you provide, and other checks as we see fit to protect our interests, those of the users and, in general those of the website. We may also run checks against your identity using your date of birth supplied at registration.
4.1.5 You must be able to provide a UK bank account, IBAN or SWIFT code to register. Sellers located outside of the UK may be permitted to use the service by prior agreement with us and subject to security checks deemed necessary to protect our interests and those of PlayTrade participants.
4.1.6 When you create a seller account you must specify a currency (either pounds sterling (£) or euros (€) to receive the proceeds of your sales. This will be the currency in which your proceeds will be stored. If you receive proceeds in a different currency, the funds will be converted to your 'PlayFunds account currency' at an exchange rate which is currently set at €1 = £0.74. All fees will be applied to the sale after the currency conversion.
4.1.7 If you process a refund to a buyer who purchased in a currency other than your seller account currency, the buyer should receive a full refund in the currency in which he purchased. If the exchange rate has changed since the time you sold the item you may need to refund more or less in order to ensure that the buyer receives a full refund in their original currency.
4.1.8 You may not change the designated currency that you choose as your PlayFunds account currency.
4.1.9 Currency will be converted according to exchanges rates which will be displayed to you in advance of confirming your listing.
4.1.10 To withdraw funds from your PlayFunds account you must provide a valid bank account.
4.1.11 After you register your bank details with us, for security purposes there will be a delay of 14 days before you can transfer funds to your bank. If you subsequently change your bank details you must wait 14 days from the date of change of details before further funds can be transferred to you.
4.1.12 Once the sale has been confirmed as dispatched by you, the proceeds of the sale will be put into your PlayFunds account.
4.1.13 You must maintain a feedback rating of 80% positive or higher in order to continue to use the service as a seller, once you have received 10 or more ratings. In certain circumstances we may restrict access to some elements of the service for sellers with fewer than 10 ratings. We reserve the right to modify or amend these metrics as we see fit to protect our interests or those of PlayTrade participants.
4.1.14 Sellers must monitor communication regularly and check email at least once per day. In the event that an official announcement needs to be issued by us this will be deemed to have been received on the next working day if sent by first class post to the address held on file in the seller account, or within 24 hours if sent by email. It is the seller’s responsibility to be on the lookout for such communications.
4.1.15 You should check your seller account daily for notification of a sale. Do not rely on emails to notify you of a sale and always verify any email notifications that you do receive by email by logging into your seller account.
4.1.16 We reserve the right to restrict new sellers to a certain volume of sales or listings or total inventory value until such time as trading history has been established. We may not publish these values or volumes and reserve the right to change them at any time and without prior notice in the interest of our safety and the safety of PlayTrade’s participants.
4.1.17 We reserve the right to suspend access to some or all of your account, including access to your seller account funds if we have reasonable grounds to believe you are not fulfilling your obligations under the Usage Policy and Code of Conduct laid out here.
4.1.18 We may hold funds for up to 90 days from the date of the last purchase if we have reason to believe that refunds to buyers may be required that you would not otherwise be able to fund.
4.2 Conditions of listing and sale
4.2.1 When you offer goods for sale and a buyer chooses to buy from you, you are obliged to sell the goods to the buyer at the price advertised. You may not choose not to dispatch to certain buyers nor refuse to honour a price set unless there was a clear mistake involved in the pricing. Sellers who are negligent on more than one occasion may have their selling privileges revoked or suspended.
4.2.2 You confirm that you are the legal owner of the products which you list on PlayTrade, or are legally permitted to transfer title of any goods which are held by any third party, and that you are acting with the complete knowledge and understanding of any third party who holds goods for you.
4.2.3 We may restrict the listing of certain products to sellers with an established trading history and/or a certain level and score of feedback rating, or other criteria we deem necessary to ensure the security of the website and of other participants.
4.2.4 You warrant that the sale of any item you list is not in breach of any applicable law, including the law of the country in which the buyer is a resident. If you list any toy (as defined in European Directive 2009/48/E) for sale, you must replicate any warning information featured on that toy, and on any label, packaging and instructions for use accompanying that toy, in your listing for that product. If you are based outside of the EEA, you are required to ascertain that all items you list are legally allowed into the EEA. We reasonably assume that you own the relevant licences for selling into the EEA and may terminate your agreement with us if you fail to provide such evidence upon request, in the event third parties' claims are brought against PlayTrade. For the avoidance of doubt, PlayTrade shall have no liability in that respect.
4.2.5 If you are selling items as a trader in the course of your business, you must make that fact clear to potential buyers in your listing.
4.2.6 Listings must be accurately described and not misleading to buyers. You may only list products for which there is an exact match in the Play.com catalogue, regardless of whether Play.com sells the item or not. You are solely responsible for the accuracy of your listings and other information displayed to customers such as the country of dispatch or item comments. Sellers found to be providing inaccurate information may have their account privileges revoked.
4.2.7 You are responsible for charging VAT and other taxes, if applicable, to buyers and prices displayed must be inclusive of all applicable VAT, tax and delivery charges. It is your responsibility to collect any applicable taxes, whether VAT, customs duties or excise taxes, and to report and remit such taxes to the appropriate tax authority.
4.2.8 You must specify a country of dispatch for each of your listings. By default this will be the same country that you specify at account creation, although you may override this on a per-listing basis. The country of dispatch will determine the acceptable delivery time to buyers as laid out in our Delivery & Dispatch Guidelines.
4.2.9 Where you have multiple quantities of a given item for sale, these must be listed under a single listing using the quantity field to specify quantity. You should not list the same item multiple times unless there is a clear difference in quality of the item, which should be accurately described in the condition and comments fields. It is not acceptable to list the same item several times at different prices to circumvent this rule and sellers found to be abusing this system may have their account privileges suspended or revoked.
4.2.10 Sellers are restricted to a maximum of 3 different listings per product, although each listing may contain multiple quantities of the same product.
4.2.11 All Items must be dispatched within 2 business days of receiving a notification of sale (Monday to Friday excluding any bank holidays). We will charge the buyer’s credit card for the full purchase price.
4.2.12 You may not access funds from a sale until you have dispatched the item to the buyer and confirmed that you have done so via your seller account. Marking an item as ‘dispatched’ will send a confirmation email to the buyer that their item has been dispatched and will update the status of the order in the buyer’s account. As soon as we have received this confirmation, we will credit your seller account on PlayTrade with an amount equal to the sale price minus any applicable fees or, in the case of Ticket sales, we will credit your seller account 7 days after the relevant event has taken place. You will then be able to use the funds to purchase on Play.com or ask us to transfer this amount to your Bank account. Transfers to your bank account will be subject to a transfer handling fee.
4.2.13 We reserve the right to suspend or remove access to the service for sellers who are frequently unable to dispatch goods during the required 2 business days. Whilst we do not publish an acceptable refund rate, sellers who are performing in the bottom 25% of their peers may have their account selling privileges revoked.
4.2.14 You are solely responsible for all the incumbent obligations which result from the sale contract you concluded with buyer according to applicable law and you commit yourself to respect any such obligations, notably concerning consumer rights and distance contracts.
4.2.15 You are responsible for the performance of any services you employ or sub-contract in order to fulfil your orders, including postal services or couriers. If a service you have employed to fulfil your order is unable to meet their obligations you commit yourself to refund the buyer immediately and take up the dispute directly with the service operator.
4.2.16 Proof of postage does not equate to proof of delivery and sellers are expected to obtain the necessary insurance from any postal carriers in order to make a claim in the event that an item is reported as missing or lost in the post.
4.2.17 When selling items to consumers (as opposed to traders in the course of their business), you must inform them of your returns policy and their withdrawal rights. We strongly recommend that you seek further information regarding consumer’s statutory rights under the laws of the country where he or she is based.
4.2.18 Should you and the buyer fail to find a suitable solution regarding any problems arising from the sale, you should either refund the customer or take up the dispute under the laws of Luxembourg or of the buyer’s country or residence.
4.2.19 When you refund a buyer you may refund the full amount plus up to £4.00 (or €6.00 if applicable) more to cover return postage. If you refund the full amount or more you will receive your seller fees credited back to you in full. If you process a partial refund to a buyer you will not be reimbursed for seller fees.
4.2.20 In the event that you take any action which means that your account balance becomes negative we will charge your credit card for the outstanding amount, and this may be subject to administration fees if we incur additional costs obtaining the funds from your credit card. You should always ensure that you have enough credit on your account to cover any refunds you may need to process.
4.2.21 In the event that your item does not sell you accept that PlayTrade may remove the listing after a period of 60 days, unless notified by us otherwise. ProTrader listings do not currently have an expiry date.
4.3 Sellers' Fees
4.3.1 Any sale completed via PlayTrade is subject to a fee to be charged to the seller. Our fees will be displayed on our Fees page and may be amended from time to time. If you do not accept the changes, you are free to decline them and terminate your PlayTrade agreement. If you do not cancel your account with PlayTrade within one week following the fees page update, you will be deemed to have accepted such variations. This fee will be applied at the point when the item sells and before the purchase price is credited to your seller account balance.
4.3.2 When you transfer funds from your seller account to your bank account, the transferred funds will be subject to a transfer handling fee as laid out on our fees page.
5. The FairPlay Guarantee
5.1 Conditions for buyers
5.1.1 The FairPlay guarantee is the term used to ensure that buyers may shop with confidence on PlayTrade. It represents a refund of a purchase to a buyer in the event that the buyer is unable to resolve a dispute with a seller.
5.1.2 All PlayTrade purchases are guaranteed under the FairPlay guarantee provided that the buyer has conformed to our Usage Policy and Code of Conduct laid out here.
5.1.3 In the event of a dispute with a seller you are obliged to attempt to resolve this dispute to the best of your ability with the respective seller, including contacting the seller first and foremost using the “contact seller” button in your order history.
5.1.4 In the event that you are still unable to resolve the dispute with the seller you may appeal to us for a refund under the FairPlay system. PlayTrade will examine your case within a reasonable time frame. You may at our discretion be required to submit further information regarding the sale and warrant that the information you provide is fair and true.
5.1.5 You are obliged to return the item to the seller in the event that it is defective or not as described by the seller, or in the event that you claim non-delivery of an item which subsequently arrives.
5.1.6 You may only make one FairPlay claim per item.
5.1.7 The FairPlay guarantee does not apply to purchases which have been refunded in full or which have been subjected to a 'chargeback' by your credit card, or purchases from sellers who are subsequently declared bankrupt, liquidated or placed into administration.
5.2 Conditions for sellers
5.2.1 In the event of a dispute with a buyer you are obliged to attempt to resolve this dispute to the best of your ability with the respective buyer directly.
5.2.2 If such a dispute cannot be resolved satisfactorily and the buyer submits a FairPlay guarantee claim we will contact you in order to ascertain more information about the order, in order to determine whether the sale was conducted per our Usage Policy and Code of Conduct laid out here.
5.2.3 Such requests for information must be responded to within five working days. If you fail to respond to us within five working days, or send a reply containing insufficient or incomplete information, this will result in the sale being reversed and the buyer being refunded from your seller account.
5.2.4 Failure to comply in full with our Usage Policy and Code of Conduct during the process of listing and selling an item will result in the sale being reversed and the buyer being refunded from your seller account.
5.2.5 If you have complied in full with our Usage Policy and Code of Conduct then the claim will either be rejected or the buyer will be refunded by PlayTrade.
5.2.6 Sellers who receive high amounts of claims from buyers may have some or all of their account privileges revoked, including access to their PlayTrade seller account.
6.1 Funds saved in your PlayTrade seller account are known as PlayFunds.
6.2 The funds will remain in your PlayFunds account until you choose one of the following options
- Transfer the funds to your bank account: such transfers attract a transfer handling fee, as stated on our fees page.
- Spend the funds on purchases at www.play.com (either from Play or from other PlayTrade sellers. Purchases made using PlayFunds are currently not subject to any fees.
6.3 You may elect to have your funds transferred automatically at the following intervals:
- Once per month on the last calendar day of the month.
- Twice per month on the 15th and the last calendar day of the month.
By default the automatic transfer of funds is switched off.
6.4 At registration you will be required to indicate whether you wish your PlayFunds to be in pounds sterling (£) or in euros (€). Once this is determined you may not change the currency in which your PlayFunds are held. You may only make purchases in the currency in which your funds are held, in other words you may not purchase from our site in Euros if your funds are held in £ sterling.
6.5 For security reasons purchases using PlayFunds may be restricted to certain delivery addresses. You may add to these delivery addresses but will not be able to have items delivered to such new addresses until 21 days have passed. If you wish to have goods delivered to another delivery address, or sooner than the 21 day wait period you must purchase these through the regular credit card manner.
6.6 In the event that you purchase goods using PlayFunds and subsequently apply for a refund for the goods, the PlayFunds will be reinstated. If you subsequently choose to transfer these funds to your bank account they will be subject to a transfer handling fee as laid out in our Fees page.
We reserve the right to use the remedies in these Usage Policy and Code of Conduct whenever the users fail to comply with them. Taking no action upon the breach of the Usage Policy and Code of Conduct does not mean we have waived our rights to enforce any of its provisions.
If any term of the Usage Policy and Code of Conduct is deemed invalid, void or unenforceable, that term will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
7.3 No warranties
Our services consist of providing you with the necessary information and tools that will allow you to do business through our website. Whilst we are committed to providing a high standard of service, we shall use our best endeavours to make your experience as smooth as possible, please bear in mind that you use our site and our services at your own risk. We make no warranties that our site and our services will meet your requirements and will be uninterrupted and that the quality of any item purchased or obtained by you through PlayTrade will meet your expectations.
7.4 Limitation of liability
You understand and you agree that we, our affiliates and our employees will not be liable to you in contract for any damages of any kind, including without limitation indirect, incidental, special and consequential damages, including but not limited to damages for loss of profits, loss of data or any other intangible losses, arising out of or in connection with this Usage Policy and Code of Conduct, the use or inability to use the site or our services or those resulting from any items purchased or obtained or messages received or feedback posted to the site or transaction entered into through our services.
7.5 Governing law and jurisdiction
This Usage Policy and Code of Conduct shall be governed by and construed in accordance with the law of the Grand-Duchy of Luxembourg and subject to the non-exclusive jurisdiction of courts of Luxembourg.