Terms and Conditions

Welcome to The Games Collector (“we”, “our”, “us”). By accessing or using this Website, located at www.thegamescollector.com (the “Site” or “Website”), and placing an order, you agree to be bound by these Terms and Conditions (“Terms”).

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’), and The Games Collector, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

These Terms apply to all purchases made on our Site, including sales to customers in the United Kingdom, European Union, United States, Canada, Australia, and New Zealand.

We operate the website https://www.thegamescollector.com (the ‘Site’ or ‘Website’) as well as any other related products and services that refer or link to these legal terms (the ‘Legal Terms’) (collectively, the ‘Services’). This Site is an e-commerce website.

We sell pre-owned and collectible Nintendo video games, namely Nintendo Gameboy, Gameboy Colour, Gameboy Advance, DS (also imported US versions), 3DS, Wii, Wii U and Nintendo Switch games as well as some Nintendo game accessories.

You can contact us by email at info@thegamescollector or by using the ‘contact us’ form on our Site.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the ‘Last Updated’ date of these Legal Terms and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

– “Goods” or “Item(s)” means the products sold on the Site.
– “Customer” or “User” means any person or entity that orders goods from us.
– “Order” means the purchase of goods placed by the customer.
– “Contract” means the agreement between us and the customer for the sale of goods.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for an account with the Services. By using this Site, users agree that they are over 18 years old. We do not assume any legal responsibility for false statements about age.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All content published and made available on our Site is the property of The Games Collector and the Site’s creators. This includes, but is not limited to images, text, logos, graphics, documents, page layout, underlying code and software, and anything that contributes to the composition of our Site (the ‘Content’).

You may, for your own personal, non-commercial use only, retrieve, display and view the Content on a device. You must not otherwise reproduce, modify, copy, distribute or use for the commercial purposes any Content without the written permission of The Games Collector.

As a user of our Site, you agree to use our Site legally, in accordance with applicable local, state, national and international laws, not to use our Site for illegal purposes, and not to;

– Use the Site in any manner that could damage, disable, or impair its functionality or interferes with any other person’s use or enjoyment of the Site.

– Engage in any form of data mining, scraping, or harvesting.

– Interfere with or disrupt the Site’s servers or networks.

– Engage in fraudulent or deceptive practices.

– Upload, post, or transmit any harmful or illegal content.

– Violate the intellectual property rights of the Site owners or any third party to the Site;

– Hack into the account of another user of the Site;

– In any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation;

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

You may be required to register to use the Services or if you create an account on our Site, you agree to the following;

1 – Accept responsibility for all activities under your account; and

2 – Maintain the security and privacy of your account, including passwords or sensitive information attached to that account; and

3 – All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

If you believe your account has been compromised or that there has been unauthorised access, you must notify us immediately at info@thegamescollector.com.

We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

If you are accessing the Website from outside the United Kingdom, you agree to comply with your local laws. If you are located in the European Economic Area (EEA), the United Kingdom (UK), or any country with specific consumer or data protection laws, you understand that these Terms may be supplemented with additional obligations to comply with regulations like:

– General Data Protection Regulation (GDPR) for users in the EEA and UK.

– Federal Trade Commission (FTC) for users in the USA

– California Consumer Privacy Act (CCPA) for users in California, USA.

– Privacy Act for users in Australia and New Zealand.

– Personal Information Protection and Electronic Documents Act (PIPEDA) for users in Canada.

– Australian Consumer Law (ACL) and the Consumer Guarantees Act for users in Australia and New Zealand.

Any online facilities, tools, services or information that The Games Collector makes available through the Services is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. The Games Collector is under no obligation to update information on the Site. You use the Site at your own risk.

The Games Collector will aim to make sure the Site is available at all times, but there may be times when our website service will be interrupted. This may be due to essential upgrades, repairs or maintenance to our website or through events out of our control, such as telecommunications issues. The Games Collector accepts no liability for any disruption, loss incurred by you or unavailability (including suspension, modification or discontinuation) of the Services or Site.

Whilst The Games Collector uses reasonable endeavours to ensure that the Site is secure and free of errors, viruses and other malware, we give no warranty or guarantee in this situation and all Users have the responsibility to ensure their personal details and computers are secure.

The Games Collector reserves the right to suspend, alter or discontinue any part (or all) of the Site including, but not limited to, any products or services available.

We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Services. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. If you have any questions or concerns about a product before making a purchase, please contact us.

Prices are exclusive of shipping costs, which will be added at the checkout based on the delivery address. Prices for all products are subject to change. Payments are processed securely by third-party providers. You must provide accurate and complete payment information. If you are purchasing from outside the UK, your bank or payment provider may charge you in your local currency, and exchange rate differences may apply.

These Terms and Conditions govern the sale of goods and purchases available on our Site.

We are under a legal duty to supply goods that match the description or price of the goods you order on our Site. We reserve the right to correct any mistakes or errors in description or pricing, even if we have already received or requested payment. If you’ve already paid for an item that we then discover has been priced incorrectly, we will make every effort to contact you to find out if you wish to continue with your order at the correct price or with the correct description. If you decide you do not want to carry on with your order or if we are unable to contact you, we will process your refund at the price you paid.

These Terms and Conditions apply to every item for sale that is displayed on our Site at the time you access it. This includes all products listed as being out of stock. All images, information and descriptions that are provided for all of our stock are as accurate as possible. However, we are not legally bound by such images, information and descriptions as we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.

When you make an order on our Site, you agree to pay all charges related to your order, including any postage/shipping fees that are applicable.

You will only be able to order goods that are in stock and orders are subject to availability. For goods that are out of stock, you are welcome to contact us on email at info@thegamescollector.com or via our contact form on this website, to enquire about any item that is shown as out of stock on our Site, or even if you’re searching for a particular game that is not shown on our Site. We will inform you of upcoming availability of an item you’ve enquired about, if we’re able to.

By placing an order through our Site, you agree and warrant that the payment details you provide on your order are correct. By submitting your payment details to make an order on our Site, you agree that payment for your order will be made in full. By placing an order you confirm you are the person referred to in the billing details.

You agree to provide complete and accurate purchase and account information for all purchases made through our Site. You also agree to update any payment and account information as and when is required by you, including current address details, email address and any details relating to your payment information.

We may decide to restrict or cancel multiple quantities of the same item ordered per order, per person or per household. We reserve the right to amend, refuse or cancel your order if we feel it necessary to do so. We reserve the right to restrict or reject orders that in our opinion, appear to be made by tradespersons, distributors or dealers. If we do cancel your order and your payment has already been processed, we will give you a refund to the amount you have paid. You agree that it is your responsibility to monitor your payment account to verify you receive a refund if we refund you.

It is your responsibility to ensure your current address details are correct for delivery of your order. We cannot accept responsibility for any orders lost in the post due to errors in delivery address information. It is your responsibility to ensure you do not communicate your card payment details to us or anyone, including by email. We are not responsible for any losses you may incur by sending personal information to us online or via email. Any losses will be solely your responsibility.

To place an order, you must select the products you wish to purchase, add them to your shopping cart, and proceed to checkout.

By placing an order through our Site, you are making an offer to purchase the selected Goods, subject to these Terms. All orders are subject to acceptance by us. Once you place an order, you will receive an order confirmation email. This email is an acknowledgment of receipt of your order and does not constitute an acceptance of the order. It is simply a confirmation that we have received your order. Your order is not considered accepted until we send you an email confirming that your order has been dispatched. This email constitutes our acceptance of your offer to purchase the Goods.

You may cancel your order before it has been dispatched. Once your order has been shipped, it is subject to our return policy.

Goods purchased through The Games Collector website will be delivered via one of the following ways;

-We offer free UK delivery via Royal Mail Tracked service. For UK orders received before 5pm, we will aim to dispatch these orders the next working day. For UK orders received after 5pm, we will aim to dispatch these orders within the next 1-2 working days.

-We offer international delivery by a tracked courier service, currently to Europe, the USA, Canada, Australia and New Zealand. We do not currently offer international delivery to other regions. Depending on what you purchase from us, will determine how your items are packaged. For International orders, we will aim to dispatch these orders within 2-3 working days from the date of purchase.

-Shipping costs are calculated at checkout and depend on the delivery address and the size/weight of the order. You will be notified of the shipping cost before you complete your purchase.

-Delivery times may vary depending on shipping location and other factors beyond our control. Delivery times do not include weekends and bank holidays. UK delivery will normally take 2-3 working days once your purchase is dispatched, but on rare occasions, it can be slightly delayed. International delivery will normally take up to 10-15 working days, depending on the delay from Customs in the country of destination so please allow up to 15 working days for your order to arrive.

-Please allow up to 5 working days for your UK order to arrive, once your purchase has been dispatched. If after 5 working days you have still not received your order, please contact us using the contact form on this website, where we can then confirm your dispatch details. All orders are sent using a tracked delivery service.

-Delivery times are estimates and not guaranteed. Delays may occur due to factors beyond our control, such as customs processing, weather conditions, or issues with the courier service.

-All purchases made for UK and international delivery will be packaged suitably, depending on the goods ordered.

-We do not post to any PO boxes, only registered addresses either in the UK or internationally to Europe, the USA, Canada, Australia and New Zealand.

If you purchase Goods from us for delivery to a destination outside the United Kingdom your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them. We cannot be held responsible for any delays caused by customs.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your Goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

You have the right to cancel your order and return the Goods within 30 days of receipt, provided the Goods are unused and in their original condition, in comparison with photographs taken on the day of dispatch by The Games Collector. If the Goods you are returning is after 30 days of receipt, we will be unable to offer you a full exchange or refund.

Please note shipping costs are non-refundable unless the Goods are faulty or incorrect.

Please take into consideration that by law we are permitted to reduce your reimbursement to allow for any damage caused to the returned Goods which would then reduce their value. You will receive your reimbursement through the same payment method you used to purchase these goods initially.

If you are a customer living in the United Kingdom or the European Union you have the right to cancel your contract to purchase goods from us within 14 days without giving notice. The cancellation period;

-Will end 14 days from when you receive, or someone you nominate receives, the goods when you purchased the goods in one order that are all delivered together.

-Will end 14 days from when you receive, or someone you nominate receives, the last good when you purchased goods in one order that are delivered separately.

If your Goods are faulty or incorrect, you will be entitled to either a full refund or exchange as well as the refunding of your return postage costs, once we have received back and inspected the returned Goods. If you receive faulty or incorrect Goods, please contact us immediately via our contact form on the Site.

If your Goods are not faulty or incorrect and have been returned to us having been opened, have missing or damaged parts (through no fault of us), or are not in their original condition from when they were dispatched (upon comparison with photographs from day of dispatch), you will be entitled to a partial refund and you will not be entitled to a refund of the return postage costs.

Refunds do not apply to the following Goods;

-New and sealed or graded Goods.

To initiate a return, contact us via the contact form on our Site, and we will provide instructions on how to return your Goods. If we have already posted your order before we receive your cancellation request, then you must return your order to us as soon as possible, once you receive your order. You are responsible for the cost of returning your ordered Goods back to us. We will not be responsible for any loss or damage to your returned Goods before we receive them back.

Refunds: Once we receive the returned goods and confirm the refund amount with you, we will process your refund within 10 business days.

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

Except where prohibited by law, by using this Site you indemnify and hold harmless The Games Collector and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

We will not be liable for any failure or delay in performing our obligations under these Terms if the delay or failure is caused by events beyond our reasonable control, including but not limited to natural disasters, strikes, governmental actions, or shipping delays.

We care about privacy and security. Please review our Privacy Policy which is available on our Site. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United Kingdom. If you access the Services from any other region of the world with laws or other requirement governing personal data collection, use or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Services, you are transferring your data to the United Kingdom, and you expressly consent to having your data transferred to and processed in the United Kingdom.

You agree to indemnify, defend, and hold harmless The Games Collector and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising from your use of the Site, your violation of these Terms, or your infringement of any third-party rights.

These Terms and Conditions are governed by the laws of the Country of the United Kingdom. For customers in other regions (e.g., Europe, USA, Canada, Australia, and New Zealand), the applicable consumer protection laws of your location may also apply.

Any disputes arising out of or in connection with these Terms will first be attempted to be resolved through amicable negotiation. If resolution is not possible, you agree to submit to the exclusive jurisdiction of the courts of the United Kingdom.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

These Terms, together with our Privacy Policy and any other legal notices, constitute the entire agreement between you and us regarding your use of the Site and your purchase of goods. These Terms and Conditions shall continue to apply to any modified version of the Site unless it is expressly stated otherwise.