Terms and Conditions

WEBSITE TERMS & CONDITIONS FOR ZAPPER.CO.UK

These terms and conditions govern your use of our website. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms. We do occasionally update these terms so please refer back to them in the future.

1.

SITE ACCESS

1.1

You will be able to access the majority of this Website without having to register any details with us. However, you will not be able to complete a trade without first registering.

2.

USE OF WEBSITE

2.1

You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.

2.2

The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.

2.3

Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.

3.

SITE UPTIME

3.1

We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.

3.2

This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.

4.

VISITOR CONDUCT

4.1

With the exception of personally identifiable information, the use of which is covered under our Privacy Policy any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

4.2

When using this website you shall not post or send to or from this Website any material:

1. for which you have not obtained all necessary consents;
2. that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
3. which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

4.3

[We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 4.2.]

5.

LINKS TO AND FROM OTHER WEBSITES

5.1

Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.

5.2

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:

1. you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
2. you do not misrepresent your relationship with us or present any false information about us;
3. you do not link from a website that is not owned by you; and
4. your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.

5.3

If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

6.

DISCLAIMER

6.1

We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.

6.2

The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.

7.

EXCLUSION OF LIABILITY

7.1

Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.

7.2

Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.

8.

GOVERNING JURISDICTION

This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.

TRADE TERMS & CONDITIONS

Zapper currently accepts Books, CDs, DVDs and Video Games (“Media”), Electronics devices including but not limited to mobile phones, tablets, music players, sat-navs (“Electronics”), LEGO® and gift cards/vouchers, for purchase which meet the acceptance criteria as outlined in this document.

Media Items that fail to meet the acceptance criteria in this document will not be returned under any circumstances. They will be rejected by our inspection team and recycled. In the event that offers for Electronic items are downgraded, they can be returned to you under certain conditions as outlined below. Gift cards/vouchers that fail to meet the acceptance criteria in this document can be returned at cost of £5.00 to the customer.

All Media

The valuations you have been given are done so under the assumption that the media items will arrive at our warehouse in a clean, saleable condition with clean, un-cracked cases and un-ripped boxes. Goods that arrive essentially in an un-saleable condition will be rejected and recycled responsibly by us. We are under no obligation to return such items.

Books

We will accept books which satisfy any of the following conditions:

• Like New: An apparently unread copy in perfect condition. Dust cover is intact with no nicks or tears. Spine has no signs of creasing. Pages are clean and not marred by notes or folds of any kind. Books may contain a remainder mark on an outside edge.
• Very Good: A copy that has been read, but is in excellent condition. Pages are intact and not marred by notes or highlighting. The spine remains undamaged.
• Good: A copy that has been read but remains in clean condition. All pages are intact and the cover is intact (including dust cover, if applicable). The spine may show signs of wear. Pages can include limited notes and highlighting, and the copy can include “From the library of” labels.

We will NOT accept books where:

• The media contains considerable handwritten notes.
• The media is mouldy, badly stained or unclean.
• The media has missing pages or obscured text.
• The media is missing essential additional items, for example supplemental media such as CDs or DVDs included with educational books.
• The media is unusable for any reason, e.g. Puzzle books where the puzzles have already been completed.
• The media is promotional media, this includes advance reading copies.
• The media is an uncorrected proof copy.

CDs

We will accept CDs which satisfy any of the following conditions:

• Like New: an apparently unopened CD or cassette in perfect condition (although it may be out of its original wrapping). The jewel case or cassette case has no scratch or scuffing. The inlay notes, inclusions and/or sleeve are in perfect condition. The CD or tape itself is unmarked with no sign of wear. CD or cassette may have a remainder cut-out on the spine.
• Very Good: a well-cared-for CD or cassette that has been listened to but remains in great condition and plays perfectly. The jewel case or cassette case may show limited signs of wear, as may the inlay notes and inclusions.
• Good: the CD or cassette plays perfectly but has clear signs of wear. This jewel case or cassette case is undamaged, and original liner notes are in good, unmarked condition. Surface scratches are permitted as long as playback is not affected.

We will NOT accept CDs where:

• The media plays perfectly, but is otherwise the worse for wear. The jewel case may be damaged, and the inlay notes may be marked (but remain complete and legible). The media or its packaging may have identification markings from its owner.
• The media is in any way unplayable.
• The media is a recording not created by the copyright holder. This includes recopied or pirated media in any form.
• The media is promotional media.

DVDs and Blu-Ray discs

We will accept DVDs which satisfy any of the following conditions:

• Like New: An apparently unopened DVD in perfect condition (although it may be out of its original wrapping). The box or jewel case is clean and vivid, with no signs of wear. Suitable for presenting as a gift.
• Very Good: A well-cared-for DVD that has been listened to, but remains in great condition. The film is complete, without interruption, and does not skip. The jewel case may show limited signs of wear, as may the liner notes.
• Good: A DVD with clear external signs of wear, but one that continues to play perfectly. The video or DVD may have identification markings from its owner.

We will NOT accept DVDs where:

• The media is ex-rental or a rental-only version.
• The media is heavily scratched.
• The media has extensive external signs of wear, even if it continues to play perfectly.
• The box or jewel case is damaged.
• The media is a recording not created by the copyright holder. This includes recopied or pirated media in any form.
• The media is promotional media.

Video Games

We will accept Video Games which satisfy any of the following conditions:

• Like New: An apparently unopened video game in perfect condition (although it may be out of its original wrapping). The box and item are pristine, with no signs of wear. Suitable for presenting as a gift.
• Very Good: A well-cared-for video game that has been played but remains in great condition. The game and its original packaging are complete and slightly worn, but unmarked and undamaged.
• Good: The video game shows wear from consistent use, but remains in good condition. There may be clear external signs of wear and damage to the original packaging or instructions, but the game plays perfectly.

We will NOT accept Video Games where:

• The media is visibly damaged, heavily scratched or not playable.
• The media is incomplete or missing essential supporting documentation such as instruction manuals.
• The box or jewel case is damaged.
• The media is a recording not created by the copyright holder. This includes recopied or pirated media in any form, and also shareware and freeware versions.

LEGO ^®

We will accept LEGO® which satisfies any of the following conditions:

• Genuine LEGO® products only
• No clone brands (Mega Blocks, Knex, Kre-O etc.)
• Good condition – not worn, broken or dirty

Electronics

We will accept specific categories of Electronics devices after condition questions have been answered prior to trade completion online.

To provide you with the most accurate quote possible, we will either ask you to grade the condition of your device from one of three options, or ask you more specific questions depending on the type of device you are selling us. Our more detailed questions require a Yes or No answer and will have a detailed explanation available by clicking the (i) symbol next to each question.

Apple devices must be deregistered (removed) from any iCloud (Find my iPhone/iPad) accounts. Goods which are “lost, blocked, iCloud locked, or stolen” will not be returned in accordance with Home Office guidelines. Please note that if your iCloud account is not removed within 30 days of us notifying you by email then your device will be recycled, and it will not be possible to have it returned. Fake goods will be returned if Zapper considers that they were remitted in good faith.

Prices offered for Electronic items (including but not limited to mobile phones, music players, tablets and sat-navs) are valid for 14 days from the date and time the offer was made to you. For items received by Zapper or a nominated Zapper partner after 14 days have elapsed, Zapper reserves the right to revalue the item(s).

All electronic devices received by Zapper are subject to review by Zapper’s quality control group or by our nominated partner. The quality control review will verify the product received is the same as product as you described both in terms of the make, model, size, colour (where applicable) and the stated condition of the product at the time the item was valued by Zapper.

If Zapper accepts the item(s) the price as advised by Zapper will be paid via the chosen payment method within the timeframes stated in the “Posting, delivery and payment” section below. If, when inspected, your item(s) do not meet the criteria for the condition originally selected, Zapper, at its sole discretion, shall have the full right to re-grade the goods. The following gives you a rough idea of the typical reductions in offer you might expect for the various condition questions you need to answer;

The make, model and condition of the product directly affect the value Zapper attributes to the product and the price that is offered to you. If the quality control process determines that the product is not as you originally described Zapper reserves the right to re-value the product and offer you a different price.

If Zapper re-values a product Zapper will place the item in quarantine and will contact you by email using the address you have registered and provide you with a revised offer price.

You will have 72 hours from the time the email was sent to you as recorded on Zapper’s systems to either accept or decline the revised offer. The instructions as to how you can accept or decline the offer will be included in the email sent by Zapper.

If you accept the revised valuation the price offered by Zapper will be updated to the revised price. The revised total for the trade will be available through your Zapper account. Following acceptance of a revised price your trade with Zapper will complete the trade with payment made by Zapper reflecting the revised price.

If you decline the revised price you may have the Goods returned to you for free. We will be free to dispose of any Goods after 28 days if return is not paid for.

If you do not respond to the revised offer within the 72 hours allowed Zapper will release the item(s) from quarantine and proceed on the assumption that you have accepted the revised offer and complete the trade with the revised price accordingly.

After the 72 hours have elapsed you will be unable to reject a revised offer and have the item(s) returned to you.

You should remove all data from any item before sending it to Zapper. Zapper accepts no responsibility whatsoever for any data you choose to leave on any device sent to Zapper.

Zapper’s customers benefit from the data erasure solutions provided by http://www.blancco.com/

Blancco supports the widest range of international overwriting standards, including:

• BSI (German overwrite standard by Federal Office for Information Security/ Bundesamt für Sicherheit in der Informationstechnik)
• HMG Infosec Standard No. 5 (lower) [Certified versions: 4.10 HMG, 4.8 HMG and 3.7r1]
• HMG Infosec Standard No. 5 (higher) [Certified versions: 4.10 HMG, 4.8 HMG and 3.7r1]
• US Department of Defense Sanitizing (DOD 5220.22-M, DOD 5220.22-M ECE)
• NIST 800-88/ATA secure erase
• Extended NIST 800-88

The technology used to ensure complete data eradication of hard drives and smartphones/tablets is of the very highest global standards.

You should remove any removable media such as SIM or memory cards from any item(s) before it is sent to Zapper. Zapper is unable to return to you any removable media you may inadvertently send under any circumstances.

Any items sent to Zapper, after it has been through quality control and or released from quarantine following a re-valuation, will be securely data-wiped and any removable media that was included with the device physically destroyed.

Gift cards/vouchers

Your use of the Service (or any part thereof), as a Seller, is dependent on the fact that you hereby represent and warrant that:

1. you possess all necessary ownership rights, either through yourself or through receipt of necessary consent or permission, to post a Gift Voucher through the Service;
2. you will transfer all rights to a self-posted Gift Voucher to Zapper Media Ltd through the Service and will not infringe on such rights by redeeming the Gift Voucher yourself.

PLEASE NOTE: THE GIFT VOUCHERS ARE REDEEMABLE AT THIRD PARTY SERVICE PROVIDERS. ZAPPER IS NOT RESPONSIBLE FOR THE QUALITY OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTY SERVICE PROVIDERS, WHICH MAY BE AVAILABLE THROUGH THE GIFT VOUCHERS. ZAPPER DOES NOT IN ANY WAY ENDORSE ANY THIRD PARTY SERVICE PROVIDERS THAT MAY BE FEATURED THROUGH THE SERVICE AND IS NOT AFFILIATED WITH THESE THIRD PARTY SERVICE PROVIDERS IN ANY WAY.

Zapper approval:

1. Zapper must be able to verify the account balance of the Gift Voucher;
2. the brand of the physical Gift Voucher to be listed must have at least 5 stores/branches in the UK;
3. the Gift Voucher must be at least £10 but no more than £500, unless otherwise agreed upon by Zapper.

We are not liable for business losses. If you use the Service for any commercial, business or re-sale purpose rather than as an individual:

1. we shall not 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 any contract between us;
2. our liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall be limited per claim to the value at which the relevant Gift Voucher(s) were originally listed via the Service (or, if no Gift Vouchers were listed, limited to the sum of £500).

Unexpected items

Unexpected items are items which are received at our warehouse but are not listed in the final list after the completed trade. We are under no obligation to return any such items, and any such items received will be recycled responsibly by us.

Copied or “pirated” media

If we suspect that any media items received are not true original copies they will be rejected and payment will not be made for these items. We reserve the right to take further action if we deem it to be appropriate.

General trading conditions

The following conditions apply to trading your items with us:

1. You must be based in the United Kingdom to trade with us.
2. You are at least 18 years of age. If you are younger than 18 years of age you must have the consent of your parent or guardian to sell your items to us.
3. We will only make payment for your items subject to them satisfying the quality requirements documented above.
4. You must be either the owner of the items submitted, or be acting as a permitted agent of the owner of the items.
5. If items are rejected due to not satisfying our quality guidelines above, we are unable to return media items (Books, CDs, DVDs games or LEGO®) under any circumstances, and will recycle them. Rejected and/or missing items will be specified in your Account.
6. Once items are received at our warehouse you will be unable to cancel the transaction.

Posting, delivery and payment

Parcels may take between 3-5 working days to reach our warehouse, or to the warehouse of our nominated partner. They may then take a further three working days to be processed. Although most customers will receive their cheques or Paypal payments within 14 days, please allow up to 28 days to receive your cheque or Paypal payment from the day you despatch your items to us.

You will be updated at every relevant stage of the process via email, and additionally you can log into your account to view status updates.

We recommend that customers obtain a Proof of Postage when sending items as this assists in any potential claims for packages going missing in the post.

Zapper takes no responsibility for damaged items, or lost items sent via Collect+.

Collect+ covers lost items up to a value of £50 per package. Cover and tracking can be obtained for items sent via Royal Mail at the Post Office counter. We advise that you obtain such cover and a receipt in case items are either delayed or go missing. Risk of loss in the goods remains with you until they are received by us, at which point risk of loss immediately transfers to us.

Parcels must be securely boxed, with either no void, or suitable void fill to protect their contents. Packages must also weigh less than 10kg. This roughly equates to 30 books, or 100 CDs, DVDs or games.

The maximum parcel size is 60cm x 50cm x 50cm. The maximum weight for any one parcel is 10kg. Any parcels that are either larger or heavier than these maximums may be rejected at the drop-off point.

We recommend you use as few parcels as possible, as this will speed up the time it takes to receive and process your items at our warehouse, and ensure you get your cheque or payment as quickly as possible.

All valuations include VAT (or other applicable tax) at the prevailing rate.

Using the service

Zapper is a service that has been created to serve the needs of the general public, and not for individuals or businesses who would like to sell multiple copies of the same item. We have a limit of one copy of a given media item per customer. There are currently no limits on electronics items or LEGO®.

Only one account is permitted per customer/address.

Any businesses, schools or charities who wish to offer us items in bulk please contact us directly.

In no event shall Zapper’s liability, either jointly or severally, exceed £100. Zapper however does not limit its liability for death and personal injury resulting from its negligence.

The user agrees to indemnify and hold Zapper, Explosive Media Ltd, its affiliates, officers, and employees harmless from any claim, demand, expense, or damage, (including reasonable legal fees) relating to your breach of these Trade Conditions and your posting of any material on this site.

Furthermore, any customer who sends us Media items (Books, CDs, DVDs or Games) expressly agrees that they have not knowingly sent us copied or pirated media or other illegal versions of media. They also must warrant that hey have not made any such copies themselves. Such customers must fully agree to indemnify Zapper against any potential action that may or may not result from selling such items to Zapper. These actions may relate to intellectual property rights, artists rights and copyright generally pertaining to entertainment products sent by Zapper customers to Zapper’s warehouse.