Welcome to WhyBuyGames - Built by Gamers for Gamers!
By visiting the WhyBuyGames web site or any third party website powered by WhyBuyGames.com, and
subscribing to our online Games rental service, you agree to be bound by the
following terms of use. If you do not agree with these terms of use, you should
not use the WhyBuyGames web site. Please read them carefully:
Joining WhyBuyGames
Customers must be at least 18 years of age and have a valid credit
card/debit card in order to join WhyBuyGames. When completing the registration
form, you agree to provide true, accurate, current and correct information about
yourself. You also agree to maintain and update your information within the 'My Account'
pages.
If WhyBuyGames has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, WhyBuyGames has the right to suspend
or terminate your account and refuse any and all current or future use of the
WhyBuyGames service.
Delivery and Return of Games
WhyBuyGames uses the Royal Mail to deliver games to and receive games from
you. Please allow for Royal Mail delivery times. WhyBuyGames is not responsible for
delayed or misdirected mail. Return postage of rented games is paid by WhyBuyGames.
We advise obtaining a 'Proof of Postage' receipt from the Royal Mail when
returning your games to confirm they have been accepted in the postal system to
be returned to WhyBuyGames. These can be obtained free of charge from any Royal
Mail or Post Office counter at the time of posting. Any games which are reported
as missing on your account will require an investigation with the Royal Mail to
verify their loss. Games reported as missing on your account will require you to
provide a 'Proof of Postage' receipt to validate your claim. WhyBuyGames reserves
the right to debit your credit/debit card the Recommended Retail Price for any
missing games to your account which are not accompanied with a valid 'Proof of
Postage' receipt.
Any games reported by you as not being received will require you to
complete a Royal Mail claim form for the missing games. Failure to sign and
return the claim form to WhyBuyGames is deemed that you do not support the claim
and WhyBuyGames reserve the right to debit your account £33.99 for the missing
items. Claim forms must be returned to WhyBuyGames via recorded delivery within 7
working days of receipt to avoid charges of £33.99 being applied to your
account.
Free Trial Periods
The free trial is available to new subscribers only. The free trial may not
be made available from time to time. WhyBuyGames may change the duration of the
free trial period at its sole discretion. Previous subscribers do not qualify
for a free trial period. The free trial is available to one member of a
household only. Subsequent free trials at the same address will be permitted
only at the discretion of WhyBuyGames. A valid credit card is required. We will
authorize the card in the amount of £33.99 in order to verify the account, but
we receive no money from this transaction, even if your bank or credit card
company temporarily holds the funds from your account.
Renting Games
Rental requests are fulfilled Monday to Friday. We will send you a
confirmation email when you return a game and when we send you another game. You
can view currently rented items by accessing your account and visiting the
'Currently Rented Items' page. All games remain the property of WhyBuyGames at all
times. Games must not be sold on or made available to hire by the subscriber.
You may not copy or alter any rented game in any way. Please handle the games
with care so as not to damage them. The subscriber undertakes to treat the games
and their associated packaging with the utmost care at all times. WhyBuyGames
reserves the right to debit the subscribers' credit/debit card the current
Recommended Retail Price of any game which is returned in a non re-usable
condition (reasonable wear and tear excepted). The Recommended Retail Price
constitutes the most competitive retail price available to WhyBuyGames. WhyBuyGames
will contact the subscriber to discuss this before debiting the subscribers'
credit/debit card. Occasionally games may be lost in the post. In this
situation, WhyBuyGames may, at their sole discretion, dispatch a replacement of the
expected game.
Payment
We will take payment from your account 28 days after your
first billing date. You will be notified by email that WhyBuyGames.com will be
taking payment 7 days then 3 days before the actual billing date. If your credit
card details fail when processing the payment, your account will be suspended
immediately and you will be notified via email that payment has failed. If your
credit card details fail and you have games in your possession you will be
contacted by a member of the WhyBuyGames staff asking to update your card
details immediately and you will be charged your monthly fee and an addition
administration fee of £5.00. If your payment information remain invalid we will
pass on your details to our solicitors and legal action will start to obtain
the missing games or the equivalent cost and any outstanding membership fees.
Lost/ Unreturned / Damaged Games
You agree to allow us to charge your credit/debit card for the recommended
retail price of a game in the following situations:
- If you have not returned a game to us within 7 days of setting a request to
cancel against your account or cancelling your free trial or paid subscription;
- If you have lost a game and reported it to us as lost without proof of postage;
- or If you have damaged a game whether or not you reported it to us as
damaged.
Cancelling the Service by the Subscriber
You may cancel your WhyBuyGames subscription at any time. Requests to
terminate the subscription must be made via the WhyBuyGames web site. To cancel
your account press the 'Cancel Membership' button in the 'My Membership' section
of your account. Alternatively, if you still have games outstanding on your
account, please email your full name and 'Cancel Membership' in the subject
field of your email to CustomerServices@WhyBuyGames.com and a cancellation request will
be logged against your account.
Cancelling your account will stop further games being despatched to you.
The cancellation will only take effect and billing will stop once all your
currently rented games have been returned and received by WhyBuyGames. Please
ensure your existing games rentals are returned and received by WhyBuyGames before
your next billing date to prevent your account being billed for another monthly
subscription.
Failure to return your existing games rentals within 7 days of a
cancellation request being set on your account will also result in your
credit/debit card being charged the recommended retail price of all outstanding
games on your account. Please note refunds will not be given for cancellations
part way through a billing period.
Returning Games for Account Cancellation
When returning games prior to cancelling your account, we require you to
obtain a 'Proof of Postage' receipt from the Royal Mail to confirm the games
have been returned safely and before your next billing date. A 'Proof of
Postage' Receipt can be obtained at any Royal Mail or Post Office counter and is
free of charge. This will prevent any further charges being made to your account
for non returned games. Any games lost in transit prior to or after cancellation
without a 'Proof of Postage' receipt will be deemed as lost by the customer.
WhyBuyGames reserves the right to debit the subscribers' credit/debit card the
current Recommended Retail Price of any lost game.
Right to Terminate by WhyBuyGames
WhyBuyGames reserves the right, at any time, to cancel the subscription of any
subscriber without being obliged to give any reason for so doing, except that if
such cancellation takes place during a billing period for a reason other than a
breach of these terms and conditions by the subscriber, WhyBuyGames will refund any
pre-paid subscription unutilised at the time of cancellation.
Privacy
Any information submitted by you on the WhyBuyGames web site is subject to our
Privacy Policy. Please review our Privacy Policy to understand our practices.
Copyright
Copyright in the material on this website is owned by WhyBuyGames (and/or it's
suppliers) unless otherwise indicated. You may view this site and its contents
using your web browser and electronically copy and print hard copies of parts of
this site solely for personal, non-commercial use. Any other use, including the
reproduction, modification, distribution, transmission, republication, display
or performance, of the content of this site is strictly prohibited and could
result in action being taken against you through the courts.
Trade Marks
All trademarks, logos, images, product and company names referred to in
this website are the property of their respective owners and any infringement of
the rights in such a property will be protected by enforcement through the
courts if necessary.
Disclaimer
WhyBuyGames permits subscribed customers to post reviews on the WhyBuyGames
website and submit suggestions, ideas, comments, questions, or other
information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable. WhyBuyGames regularly
reviews posted content and reserves the right (but not the obligation) to remove
or edit such content.
Any opinions, advice, statements, or other information submitted by
customers on the WhyBuyGames website are those of the respective authors and not of
WhyBuyGames . Under no circumstances shall WhyBuyGames be held liable for any loss or
damage caused by your reliance on information obtained through the WhyBuyGames
website. It is your responsibility to evaluate the information, opinion, advice,
or other content available through the WhyBuyGames website.
Use of Information Submitted
By posting a review or submitting material to WhyBuyGames , you grant WhyBuyGames
a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable
right to use, reproduce, modify, adapt, publish, distribute, and display such
content, and to modify or improve the WhyBuyGames website.
Linked Websites
Linked websites are not under the control of WhyBuyGames and we are not
responsible for the conduct of companies linked to our website. Those links are
provided for convenience only and may not remain current or be maintained. Links
to those websites should not be construed as any endorsement, approval,
recommendation or preference by us of the owners or operators of the sites, or
of any information, products or services referred to on those other sites unless
specifically stated.
Changes to these Terms of Use
From time to time, WhyBuyGames will review and may edit these terms of use in
accordance with potential changes to our business structure and as required by
law. WhyBuyGames reserves the right to change its Terms of Use at any time.
Applicable Law
This website is controlled by WhyBuyGames. Your use of this site is governed
by these terms of use and, construed and enforced in accordance with the laws of
England. Disputes arising from your use of this site are subject to the
non-exclusive jurisdiction of the English courts.
If you have any questions relating to the WhyBuyGames service, see the FAQ's
on our website located at www.WhyBuyGames.com.
WhyBuyGames Ltd
Company Registration Number: 5535436
Registered Office Address: 11 Trem-y-Castell, Towyn, N.Wales LL22 9LX