Terms and ConditionsThe owner of the Site is Game Points Now Limited (GPN) 96 Reservoir Road, Erdington, Birmingham, B23 6DL. We reserve the right to make changes to this Site and these Terms at any time.
InterpretationIn these Terms:
"Account" means your PayPal, credit card or debit card or bank account associated with the purchase whether or not it is used to apply for your Purchasing Account;
"API" means an application programme interface provided by GPN to you in which GPN own all proprietary rights and such application programme interface will allow you to select stock either on an automatic or manual basis
"Code(s)" means the Code issued by us to you after you make a purchase for such a Code on this Site and/or any other software which you have purchased from our Site;
"Database" means the list of customers and customer information held by us;
"EEA" means European Economic Area and currently includes those countries in the European Union together with Iceland, Norway and Lichtenstein.
"EEC" means such countries that are part of the European Economic Community created by the Treaty of Rome 1957 from time to time;
"Purchasing Account" means your registration as an account holder on this Site in order to purchase Codes;
"Wholesaler(s)/ Wholesale Customer" means the customer(s) using the wholesale Site;
"Retail Customer" means an individual who intends to purchase the Codes for his own use rather than to sell them on as part of a business;
"Site" means www.gamepointsnow.com and/or its variants which relate to business to business sales and not for sale to consumers;
references to "we/our/us" means Games Points Now Limited (Company Number: 06296581) whose registered office is at 61 Charlotte Street, St Pauls Square, Birmingham, B3 1PX;
references to "you/your" means a Retail Customer and/or Wholesale Customer using this Site
1. Making a Purchasea) To make a purchase, you must firstly register for a Purchasing Account on this Site and add your required Codes to the cart and click 'checkout' and in such an application you must specify whether or not you are a Wholesaler or a Retail Customer.
b) To set up an account on the Site as a Retail Customer you must provide the Site with the following:
i. Telephone number;
ii. Email address;
iii. Residential address;
iv. Credit card/debit card details (including details of the address of where the card is registered to); and
v. There are no credit terms for Retail Customers and as such you must use PayPal and the information provided in (i) to (iv) above will be provided to us via the PayPal service
c) To set up an account on the Site as a Wholesaler you must provide the Site with the following:
i. Our completed application form (which can be downloaded from https://www.gamepointsnow.com/wholesale-register)
ii. Proof of business documents that may be requested by us;
iii. Banking details as requested by us;
iv. Any further information that we may require from time to time;
v. A direct debit request which will allow us to take variable amounts form you bank account; and
vi. Telephone numbers relating to your business and mobile number, if any.
d) We will hold all information in your Purchasing Account in accordance with the Data Protection Act 1998
e) Once you have provided us with the information set out in 1b) and 1c) above we will conduct a verification process in order to verify the information you have provided to us. As a Retail Customer we will send you an email with a link to our verification process. Once you activate this link we will contact you via text or a telephone call to provide you with a four (4) digit number. You must then input this number when prompted on the verification page. If you are a Retail Customer without a telephone number, we will not be able to complete the opening of your Purchase Account.
f) We reserve the right to refuse sale to any customer without giving a reason for such refusal.
g) We reserve the right to remove you as a customer (whether a Retail Customer or a Wholesaler customer) from our Database and refuse to sell you Codes, without giving reasons or explanations or notice to you of such a removal. Your Purchasing Account will automatically be cancelled upon such a removal.
h) Should we refuse to supply a Code we confirm that no payment will be taken. If payment has been taken it will be refunded in full, which may mean that the money is returned back to PayPal or your credit card company.
i) On becoming a customer you are responsible for payment for all Codes supplied in accordance with clause 5.
j) You can cancel your Purchasing Account at any time by giving us notice by email to the following email address firstname.lastname@example.org, clearly stating which Purchasing Account you are cancelling. Your Purchasing Account will be cancelled within 28 days of us receiving your email and we reserve the right to deduct any outstanding balances from your Purchasing Account prior to the cancellation becoming effective.
k) In addition to (a) above if requested by you we can provide you with authenticity codes and an application in order that you can set up the API on your own hardware with a view to making purchases.
l) Where you have taken the API pursuant to (k) above you agree that you are liable for all orders made using the API including where your access codes have been unlawfully accessed by a third party and or your orders have been unlawfully placed by a third party.
m) You can only use the API subject to your existing credit limit and all purchases made pursuant to the API must be paid by you in real time and there shall be no credit terms extended for API purchases.
o) An API purchase will be deemed to be made when anyone using your codes uses the API system to purchase goods from us.
2. Restrictions / Obligations on youa) You may not permit, create unauthorised framing of, or deep linking to, this Site or the creation of derivative works thereof from any other website under your management or control.
b) You may not use an invalid credit card to order Code(s). It is a criminal offence to use a false name or a known invalid credit card to order. Anyone caught wilfully entering an erroneous and/or fictitious and/or fraudulent order will be prosecuted to the fullest extent of the law. We track the electronic 'fingerprints' of every order placed on this Site to enable us and all legitimate crime prevention and prosecution authorities to trace individual users engaging in criminal activities on our website. Should we find you to be wilfully entering an erroneous and/or fictitious and/or fraudulent order we reserve the right to seek compensation from you to the fullest extent of the law for all losses incurred by us.
c) On applying for a Purchasing Account you undertake that all details you provide for ordering points are correct, that the PayPal/debit/credit card and address details are your own and that you have sufficient funds to cover the cost of Codes.
d) You must ensure that the Code(s) that you are purchasing will operate fully on the operating system or games console which you are purchasing the Code(s) for. You must ensure that your operating system meets all the criteria detailed on the Site.
e) Where you are a Wholesale Customer you agree to ensure that you act lawfully, in accordance with your local laws and the laws of England and Wales, in respect of the Codes, and you accept that the Codes are sold for your specific use and you acknowledge that you may not be authorised to sell the Codes onto third parties.
f) Where you are a Retail Customer you agree to ensure that you act lawfully, in accordance with your local laws and the laws of England and Wales, in respect of the Codes, and you accept that the Codes are sold for your specific use and you acknowledge that you cannot sell the Codes onto third parties.
g) It is your responsibility to ensure that the Codes are compatible for your needs.
h) In case there is a distribution chain, you warrant to us that you and anybody you supply the code to have complied with the provisions of clause 5 i) and j).
3. Payments and Currenciesa) Payments are taken via PayPal, which supports most major credit cards, or your bank/credit card provider directly should you choose to input your bank account/credit card details at the checkout. PayPal is encrypted with 128 bit SSL security.
b) Payment will be made in Pound Sterling (£) or Euros (€) or US Dollars ($) and will be deducted directly from your Account immediately following successful placement of the order. Currency for payments will be selected in the following way:
i. Retail Customers will be directed to their regional Site dependant on where they are making the purchase from. The regional Site will display currency as follows:
i. Pound Sterling (£) where the purchase is made within the UK;
ii. Euros (€) where the purchase is made outside of the United Kingdom but within the European Union; or
iii. US Dollars ($) where the purchase is made outside of the United Kingdom and the European Union.
ii. Wholesalers will be given the option of which currency they wish to use to purchase the Codes.
If you have any queries about making payments please contact email@example.com.
c) If, for any reason, we refuse your purchase after deductions from your Account have been made in accordance with clause 3a) it may take up to 96 hours for the amount to be returned to your bank account. We shall not be liable for any bank account charges that you may incur during this period.
d) If we have the Codes that you have ordered in stock then you must pay us in full cleared funds (without deduction or set-off) within 48 hours of your order.
e) If you have pre-ordered Codes then you must pay us in full cleared funds (without deduction or set-off) before the scheduled release date of the Codes.
f) Should a Wholesaler wish to make payments by credit card outside of the PayPal arrangements, then we may supply you with a credit limit, the amount of which will be agreed with you in writing. Once you reach this credit limit, you will not be able to make additional purchases until the duration of the limit expires as agreed with you in writing.
g) Should a Wholesaler provide us with an initial balance, we will make deductions from this balance for each Code that you purchase. We may hold this balance for you in Euros (€), US Dollars ($) or Pound Sterling (£). If the amount of your order exceeds the balance that you have supplied, then we reserve the right to take additional payments from your Account.
h) If, for any reason, the immediate deduction from your Account in accordance with this clause 3 fails due to there being insufficient funds in your Account, then you shall indemnify us for any losses that we incur in recovering this money from you.
i) If we do not receive full cleared payment from you in accordance with clauses 3e) and 3f) then we will charge interest for late payment at a rate of 5% above Barclays Bank Plc. base rate on any amounts outstanding.
j) If, for any reason, we refuse your purchase after deductions from your Account have been made in accordance with clauses 3a) to 3c) it may take up to 96 hours for the amount to be returned to your bank account. We shall not be liable for any bank account charges that you may incur during this period.
4. Tax Chargesa) All prices quoted in Pound Sterling (£) on this Site include VAT where you are a Retail Customer and where you are a Wholesale Customer all prices are subject to VAT. Where a purchase is being made by the Wholesalers a VAT invoice will be prepared by us and delivered to you via email only.
b) All prices quoted in Euros (€) on this Site include VAT except where a Wholesaler provides us with a VAT registration certificate and that certificate has been verified to be a true reflection of your VAT registration.
c) All prices quoted in US Dollars ($) exclude VAT.
5. Shipping and Handlinga) Once we have received full cleared payment from you (without deduction or set-off), we shall email a link to the Code(s) (subject to the Codes being in stock and if not in stock we will send you an estimated delivery date) to your email address that you supplied in your Purchasing Account (" Shipment") and for the avoidance of doubt where you are a Retail Customer, your shipping details will be supplied to us via Pay Pal.
b) Where you are a new Retail Customer, no Shipment will be made to you unless you have complied with the obligations in these Terms in making a purchase and without prejudice to the generality of the foregoing have complied with our verification process.
c) Where you are an existing Retail Customer, Shipment will take place the same or next working day after you have made payment or when payment is received, whichever is the latter.
d) Where you are a Wholesale Customer, no Shipment will be made to you unless you have complied with the obligations in these Terms in making a purchase and without prejudice to the generality of the foregoing have complied with our verification process.
e) Where you are an existing Wholesale Customer, Shipment will take place the same or next working day after you have made payment or when payment is received, whichever is the latter.
f) The process detailed in clause 5a) is an automated process and whilst we will make every effort to ensure that your purchase is provided as soon as possible after we have received cleared payment, we shall not be liable for any delays incurred due to technical failures including but not limited to, server errors, breakdown of software and/or email delivery issues due to faults with your email inbox.
g) We shall not be liable for any delivery failure(s) of emails sent pursuant to clause 5a) if you have supplied us with an invalid and/or incorrect email address and/or the email message has been sent to your junk mailbox.
h) To the extent that we do not have the Code in stock Wholesale Customers shall have the right to order the same and we will give you an estimated date ("Estimated Date") when the Codes will be sent out and you will have 24 hours from the Estimated Date to reject the order for a full refund otherwise the Codes will be despatched to you in accordance with the Shipment, once they are in stock.
i) Where we have purchased the Codes from suppliers within the EEC who have purchased such Codes from outside the EEC and in the event that such Codes are recalled under Article 4(2) of Directive 2009/24 (or such other legislation as may supersede this) then it will be deemed that the first sale in the EEC of the Code by the rightholder to the Code or with the rightholder's consent exhausts the distribution right within the EEC of that copy of the Code. Thus, the doctrine of exhaustion regarding software copyright requires that the Code
(i) has been put on the market in the EEA by the copyright owner or with its consent;
(ii) each seller has destroyed its (physical) copy of the Code after selling the Code.
j) If we have only been supplied with a Code but no physical copy, we will confirm that we have destroyed the Code upon the sale of the Code to you.
6. Customer Returnsa) We shall not be liable to provide a refund for any Code purchased once the link detailed in clause 5a) has been activated you are no longer entitled to a refund unless the Code is faulty as detailed in this clause 6.
b) In the unlikely event that no Code is supplied following payment a full refund will be given or a new Code provided as soon as possible. Under no other circumstances will a refund be given, unless the Codes are faulty or mis-described.
c) Refunds cannot be given for accidental purchase of incorrect Code.
d) Any refund issued under this clause 6 will be issued 14 days after the original request by transferring the relevant amount into your Account.
e) Any refund of Codes will only be made if they are not working pursuant to Clause 7 and the procedure within Clause 7 has been followed.
7. Non-working Codesa) All cards are archived by us for a year after purchase.
b) If the Code which are supplied by us are Codes which have previously been sent to us cards, such cards will be archived in accordance with a) above. Whilst, Codes which have come on a computer disk will have the computer disk destroyed by us before the Code is scanned in by us and sent to you and such Codes are then archived in accordance with a) above. The logistical manager is our only employee who will see the Code.
c) In the event of a non-working Code, the following action must be taken by you:
i) Where a Retail Customer has a non-working Code you must complete the online form "report an invalid code" which can be found at www.gamepointsnow.com/badcode. Once the non-working code has been reported to us we shall contact you within 48 hours of us receiving the report.
ii) Where a Wholesaler has a non-working Code you must contact us via your usual contact method which may be:
(3) Online report form; or
d) We shall check the Code against the original card (the "Card") and make any corrections that are required to the Code. If it is still not working, you will be furnished with a scanned copy of the Card and the support details for the appropriate service (who will be a third party), whereby you will need to contact the relevant third party yourself.
8. Customer ServicesIf you have any comments or questions about an order, or our Codes in general contact one of our customer services representatives by using the contact details as listed on this Site. We will endeavour to respond to all customer services enquiries within 5 working days.
9. Liabilitya) We do not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed Codes.
b) If an error is discovered in the price of the Codes that you have ordered, we will email you as soon as possible. In the event that you order an item and the price published on the Site is incorrect for any reason, we will contact you by email to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a Code which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the Codes in the circumstances described in this clause 9b), we shall refund the full amount in accordance with these Terms.
c) We will do our best to correct errors and omissions as quickly as practicable after being notified of them.
d) To the fullest extent permitted by law, we make no (and expressly exclude all) representations or warranties of any kind, express or implied, with respect to this Site or the information, content, materials or Codes included in this Site including, without limitation, warranties of satisfactory quality, merchantability and/or fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via this Site is accurate, complete or current.
e) We will only be liable under these Terms for losses which are a reasonably foreseeable consequence of the relevant breach of contract, and you must mitigate any losses that you incur.
f) You will be liable under these Terms for all losses that we incur.
g) The Codes sold on this Site are provided for private domestic and customer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of this Site or for any Codes purchased from us.
h) We have not approved, checked or verified third party websites which have links on our Site and we are not liable for their content. Your use of third party websites will be subject to the Terms of those websites.
i) You will indemnify us for all losses we may suffer as a result of the use of the API system by you or anyone whether authorised by you or not, in full and at all times as an ongoing obligation.
10. Intellectual Property Rightsa) In these Terms, 'Intellectual Property Rights' means patents, database rights, copyright, domain names, design rights (whether registered or unregistered) and/or other similar rights, together with the right to apply for the protection of any such rights. All Intellectual Property Rights in the Site shall be owned by us absolutely and shall not be re-produced without our prior written consent.
b) Subject to the licence granted to you to use the Site, we reserve all rights, title and interest in our Intellectual Property Rights in the Site. Any goodwill accruing from use of our name and our affiliates' trade marks, trade and business names and service marks under these Terms will vest in us and our affiliates, as appropriate.
c) Notwithstanding anything else contained within these Terms, you agree to abide by the end-user agreement/license agreement relating to the use of the Codes.
11. TerminationWe reserve the right to terminate the contract made pursuant to these Terms and to suspend or terminate your access to this Site immediately and without notice to you if:
i. we remove you as a customer and cancel your Purchasing Account in accordance with clause 1g);
ii. you fail to make any payment to us when due:
iii. you breach any one of these Terms (repeatedly or otherwise);
iv. when requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity;
v. we suspect you have engaged, or about to engage, or have in any way been involved, in fraudulent or illegal activity on the Site.
12. Generala) We shall have no liability to you for any delay in the delivery of the Codes ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
b) We do not accept liability (except as set out below) for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed Codes.
c) If an error is discovered in the price of the Codes that you have ordered, we will email you as soon as possible. In the event that you order an item and the price published on the site is incorrect for any reason, we will contact you by email to let you know the correct price and ask you whether you still wish us to fulfil your order at this price. We shall be under no obligation to fulfil an order for a Code which was advertised at an incorrect price. We shall give you the option of confirming the order at the correct price or if you so choose, to cancel the order altogether. If you cancel and have already paid for the Codes in the circumstances described in this clause 12b), we shall refund the full amount in accordance with these Terms.
d) Some content on this Site may not be appropriate for children under a certain age. In some cases ratings will be displayed to indicate the suitability of content for certain age groups. Parents and guardians should supervise their children's access to use our Site and in particular to view any promotional videos found on the Site.
e) In relation to d) above, the Retail Customer shall only purchase Codes which are suitable for their age group. We shall have no liability for Codes being purchased via the Site by customers who are not of the suitable age for the said Code.
f) We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
g) We will do our best to correct errors and omissions as quickly as practicable after being notified of them.
h) No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same or any other provision.
i) We may amend these Terms from time to time, and place the new version on this Site. When we do so, we will mention the fact on our home page of this Site. For users purchasing Codes or registering on the Site for the first time, all purchases from the date that the amended terms are placed on our website onwards will be governed by those new terms otherwise, such changes will be effective against existing users thirty days following posting of the amended version on the Site. Your continued use of the Site following our posting of any changes will constitute your acceptance of such changes. If you do not agree to any changes to these Terms, then your only remedy is to cease using this Site.
j) These Terms supersede any and all other conditions, understandings, commitments, agreements or representations (except fraudulent misrepresentations) relating to your purchase, whether oral or in writing, and contain the entire agreement between us and you relating to your purchase. We advise that you print off and keep safe a copy of these Terms once your order has been accepted by us. We will store a copy of the contract entered into by you with us on the basis of you agreeing to be bound by these Terms. You are advised to read (and are responsible for reading) fully all information on this Site.
k) If any provision of these Terms shall be held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the remaining parts of these Terms and the remainder of the affected provision shall be unaffected.
l) To the fullest extent permitted by law, we make no (and expressly exclude all) representations or warranties of any kind, express or implied, with respect to this site or the information, content, materials or Codes included in this site including, without limitation, warranties of satisfactory quality, merchantability and/or fitness for a particular purpose. In addition, we do not represent or warrant that the information accessible via this site is accurate, complete or current. You will be liable under these Terms for all losses that we incur.
m) We have not approved, checked or verified third party websites which have links on our site and we are not liable for their content. Your use of third party websites will be subject to the Terms of those websites.
n) These Terms are governed by the laws of England and Wales. We have not investigated your use of the Codes you purchase and assume the use and purpose of you purchasing the Codes does not breach any laws, rules and/or regulations of the jurisdiction you purchase the Codes in. We accept no liability for any breach of any law, rule and/or regulation that governs your jurisdiction.
o) These Terms are subject to the laws and exclusive jurisdiction of England and Wales.