Terms & privacy

Date of last revision: 21/07/2023

These Terms and Conditions apply to your use of this website and its services, available at https://www.magegames.co.uk. If you do not agree to these Terms and Conditions, you should not use it.

This website is owned by Mage Technologies Ltd, registered in England and Wales under company number 14961795. Our registered office is at 3 Beechey Court, Lincoln, Lincolnshire, United Kingdom, LN6 7JR.

About mage

These Terms of use incorporate the following additional Terms: Privacy Policy and Cookie Policy.

Mage ('we', 'us', 'our', 'Mage', "the website") is an online marketplace that allows users to list, sell and buy video games, consoles and game accessories.

Mage is not part of the actual transaction between buyer and seller. The contract for the sale is directly between the buyer and seller involved in the transaction.

Mage provides guidance to users in the form of suggested prices, shipping method recommendations and game listing options, but does not review users' content or items listed on the website. We do not guarantee the existence, quality, accuracy or legality of the items listed on the website, nor the ability of a seller or a buyer to complete a transaction or return an order. Whilst we might help to resolve disputes between users, we shall not be obligated to engage in any dispute.

Registration

To use the website and its services, you have to register by completing the sign up form.

Professional or business sellers must register using the sign up form for professionals and businesses. Professional or business sellers must not register using the sign up form for individuals. If you are registering as a business entity, you represent that you have the authority to legally bind that entity.

If you are under 18 years old, a parent or guardian (who is at least 18) must register to use the website on your behalf. Your parent or guardian shall be responsible for supervising your use of the website, guaranteeing that you comply with these Terms and Conditions.

You are responsible for keeping up to date information about you or your listings on the website, and warrant that this information is true and accurate.

The use of your account is expressly limited to you, and you are not entitled to share it with any other person.

Content provided by users

Mage is not responsible or liable to any third party for the content posted by users on the website. You are responsible for the truthfulness and accuracy of any kind of content that you upload through it, such as listings, user profile details or ratings and reviews. Content that violates these Terms and Conditions may be deleted at Mage's discretion.

You grant us a non-exclusive, irrevocable, perpetual, transferable, sublicensable, royalty-free, unconditional, worldwide licence to use, copy, distribute and disclose to third parties any content you provide to us. For example, we might post your listings or the images contained in your listings on social media platforms such as Twitter, Facebook or Instagram.

You also grant us the right to edit your content in order to better present it on the website. Editing may consist in shortening or editing texts and images or correcting errors. Mage might also review and edit or remove any content or listings considered of poor quality or offensive by the website administrators.

We may make available for your use catalogues of stock images, descriptions, prices, specifications and other content, which may be provided by third-parties. You may use such content solely in connection with your Mage listings. This permission is subject to modification or revocation at any time at Mage's discretion.

Listing items

Mage allows sellers to list items that they wish to sell, such as games, consoles and game accessories. The listing facility includes options to specify the characteristics of each item, such as name, platform, images, condition, shipping option or price.

When listing an item:

  • You must be the legal owner of the item and have the right to sell it. The sale must not violate the rights of any third party and must not breach any applicable regulation.
  • You are responsible for the accuracy, content and legality of each item that you list. You must not list fakes, proxies or imitations of any kind. If an element of the original product has been replaced or is missing (e.g., a box, a manual, a cable or similar), you must clearly state that on the listing details.
  • The terms of the listing form that you submit will constitute the terms on which you offer the item for sale. By listing an item you confirm that it meets all the aspects included in the form, such as name, platform, condition or price. If you are not certain about any of the characteristics of the item, you must not list it.
  • You must not list items that do not work or that are damaged. Carefully test the items before listing them. Please consult our game condition guide for further assistance.
  • You may edit the details of an item you are offering or remove it at any time before you have entered into a contract to sell it, and as long as the items are not in a buyer's shopping cart.
  • To enhance the recommendations experience, you agree that we may display the sales and performance history of your listings to other users.
  • Items appear in search and browse results based on factors such as price, ratings or popularity. These criteria are determined by Mage and might change.

Selling items

Once the buyer clicks 'Buy now' on the payment page, ordering any number of items listed by you, you enter into a legally binding contract with the buyer to sell them. You must have the legal right to enter into such a transaction and fulfil your contractual obligations.

As a seller you are obliged to ship the order as soon as possible within 7 days since the order was placed by the buyer.

Buying items

When buying an item:

  • You are responsible for examining and reading the full listing before committing to buy. If you have any questions, please contact the seller beforehand.
  • Once you click 'Buy now', you enter into a legally binding contract with the seller to buy the items. You must have the legal right to enter into this transaction.

Fees

The fees Mage charges for using its services are listed on the fees page. We reserve the right to change our fees or introduce new ones at any time.

Our right to charge a fee is constituted by the facilitation of a contract between buyer and seller. The right to charge the fee also applies if the contract between the users is not fulfilled at all, or not to the users' satisfaction.

Payments

Mage offers a payment service for buyers and sellers. When using it:

  • Payments must be made using a valid credit or debit card.
  • However, if you have a positive amount in your wallet, these funds will be automatically applied to cover the total value of the purchase, or part of it if they were not sufficient.
  • Payments are made in British pounds and all prices are inclusive of VAT where applicable.
  • Payments for orders are in advance. The buyer's credit or debit card or Mage's wallet will be charged when the buyer and seller enter into a contract for the purchase of items listed on the website.
  • Sellers receive their payments into their Mage wallet, once delivery has been confirmed by the buyer or automatically by the system.
  • You can submit a pay-out request at any time to transfer the funds in your wallet to your bank account (only UK bank accounts are accepted). Withdrawal fees will apply.
  • Pay-out requests might be delayed or denied for fraud prevention reasons, or if potential disputes or refunds are affecting the user account.
  • ID verification is required to process pay-out requests, regardless of the amount, in order to comply with the anti-money laundering and counter terrorism financing regulations. Your Mage listings will be deactivated if your Mage wallet has over £200 and you haven't done your ID validation.
  • We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the relevant Mage user wallets.
  • We may at times temporarily hold or refuse payment where such payment is deemed suspicious.

We use a third party service provider, Mango Pay, to process your payments and to store your credit or debit card or similar information. When using our payment services, you agree with our provider's terms and conditions. We shall not be liable for the acts or omissions of such third parties.

For compliance reasons, in order to process your payments (both pay-in or pay-out requests), we might be required to verify your ID (as an individual, sole trader or company; the required documentation might vary depending on the type of account; see more information at https://docs.mangopay.com/guide/user-verification) and payment details.

Shipments

The payment made by the buyer always covers the associated packaging and shipping costs. Sellers can choose to explicitly add the shipping cost to the listing, or to set it as free for the buyer.

We strongly recommend that sellers choose to use Royal Mail and the shipping method indicated in every order to send items to a buyer. You will not be able to confirm a tracked order and eventually receive the funds from the buyer unless you enter Royal Mail's tracking code, when applicable.

When you sell items on the website, we will send you an email confirming the order. You must ship the order as soon as possible and confirm so on the website. If the order is tracked, you must also enter the Royal Mail tracking code. Failing to confirm shipping on time (within 7 days since the order was placed) will entitle the buyer to a full refund (price of the items and shipping costs) into their wallet, and you might receive a negative review from them.

Buyers must not enter shipping addresses outside the UK mainland and sellers must not ship orders outside the UK mainland.

We decline all responsibility for sent items which become lost, damaged or destroyed by Royal Mail or any provider.

Refunds

  • The seller is paid when the buyer confirms on the website that the items have been received.
  • By marking an order as received, you declare as a buyer that the items have been delivered and that you are happy enough with them, so the funds can be transferred to the seller and no further disputes can be raised.
  • If the seller fails to confirm the shipment within 7 days since the order was placed, you can cancel it and you will receive a full refund (price of the items and shipping costs) into your Mage wallet. If you do not cancel the order and the seller does not confirm the shipment within 30 days, you will receive an automatic refund into your Mage wallet 30 days after placing the order.
  • If the buyer does not confirm delivery after 30 days since the order was shipped, it will be automatically marked as received (with the same effect as if the buyer had done it manually) and funds will be transferred into the seller's wallet.

Pay-in processing fees are not refundable.

Any refunds will be transferred back into the buyer's wallet. The buyer can choose to make new purchases with the funds, or request a pay-out at any time. Withdrawal fees might apply.

Disputes

Mage will not take part in any disputes or disagreements regarding the condition of the items, as this can often be subjective. The condition of the items delivered to the buyer must be as per the details included in the listing.

If an item hasn't arrived after 10 days since shipping was confirmed by the seller, please contact the seller. Likewise, if the item has arrived but it isn't as described, please reach out to the seller within 10 days of the delivery date. If you've talked to your seller and can't come to an agreement after 3 business days, contact us at [email protected], so we can raise a dispute and investigate further. You might be entitled to a full refund (price of the items and shipping costs).

If the seller asked, send the item back as soon as possible using their preferred return method, at their expense.

Moderation of seller accounts that present a high percentage of orders with issues

If a seller presents a ratio between cancelled orders, refunded orders and received orders with no issues greater than 5%, Mage is entitled to moderate the seller account taking a wide range of actions, including but not limited to:

  • Adding a visual warning to the seller's profile and listings.
  • Introducing penalties to the seller star rating and any other warnings required to protect buyers.
  • Not processing pay-out requests until the issues have been resolved.
  • Automatically resolving disputes in favour of buyers, including issuing refunds for orders.
  • Forcing the delivery method for that seller to be tracked delivery only.
  • Cancelling new orders.
  • Partially or completely, permanently or temporarily suspending the seller account.
  • Increasing the commission fee to 15% for the seller.

Misuse

When using the website, you must not:

  • Manipulate the price of any items or interfere with any other user's listings.
  • Add false, inaccurate, misleading, offensive, abusive, defamatory, or libellous content.
  • List fake items or that in any way contravene the copyright regulations.
  • Take any action that may undermine the rating and review system.
  • Distribute spam or unsolicited communications, or promote other links or services.
  • Use the contact information of other users for any purpose other than in relation to a specific Mage transaction.
  • Introduce viruses or any other malicious or technologically harmful programs.
  • Attempt to gain unauthorised access to this website, its servers and database.
  • Use any robot or any other automated means to access our services.
  • Copy, modify or distribute any content - except for your own information- from this website without prior and express written permission of Mage.
  • Collect information about users of the website, such as email addresses, without their consent.
  • Circumvent any technical measures we use to provide the services.
  • Create problems or potential legal or financial liabilities.
  • Abuse any policies, employees or users.
  • Fail to make full payment of any fees or fulfil your obligations under a sale contract with other users.
  • Contravene the letter or spirit of this Terms and Conditions.

Without excluding other legal actions, we may, at our option, issue warnings, suspend or terminate your access to this website or remove any content uploaded to it. Furthermore, any suspected fraud will result in payments being stopped or reversed at our discretion. We will also report any breach to the appropriate law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them.

Liability

We cannot guarantee the continuous operation of or access to our website. We reserve the right at any time and for any or no reason to limit, deny, modify or discontinue all or any part of the website and/or its services with or without prior notice to you.

We (including our directors, agents and employees) shall not be liable to you in contract, tort (including negligence) or otherwise for any business losses, such as loss of data, profits, revenue, business, opportunity, goodwill, reputation or business interruption or for any losses directly or indirectly from:

  • Your use of or your inability to use our website and its services.
  • Pricing, postage or other guidance provided by Mage.
  • Delays or disruptions in our services, such as problems affecting email notifications sent by the system.
  • Viruses or other malicious software obtained by accessing or linking to our website.
  • Glitches, errors, or inaccuracies of any kind on our website.
  • Damage to your hardware device from the use of any of our services.
  • The content, actions, or inactions of other users or third parties, including items listed using our services.
  • A suspension, ban or any other action taken regarding your account or breach of these Terms and Conditions.
  • The duration or manner in which your listings appear in the website.
  • Your need to change content or behaviour or your loss of business, as a result of modifications to these Terms and Conditions.

Mage cannot confirm and is not responsible for ensuring the accuracy and truthfulness of users' identities and the information which they provide to us. We provide an online facility to introduce individuals to one another to enable the purchase of game related products between them, and to allow them to communicate with one another via private messaging. Buyers and sellers are solely responsible for transactions entered into using the website, and Mage is in no way responsible for cancellations between members or poor fulfilment of their obligations under a sales contract.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total service fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) £100.

Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or for any other liability that cannot be limited or excluded by applicable law.

You agree to indemnify us for any loss, liability, cost or expense for any third party claim arising from or connected to your misuse of the website and its services or any breach of these Terms and Conditions.

In respect of any dispute you may have with another user of the website, you agree to waive any claim you may have against us in connection with such dispute and indemnify us for any loss or liability we incur as a result of any claim made against us by such user or any other third party as a result of such dispute.

Applicable law

These Terms and Conditions are governed by and will be interpreted in accordance with the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction in respect of any claim or dispute which may arise in connection with these Terms and Conditions or in connection with any use of the website and its services.

Amendments to these terms

We retain the right to modify the Terms and Conditions of Use at any time and without prior notice, by amending this page. We recommend that you check this page from time to time, as your continued use of this website after these Terms are amended shall mean that you agree to be bound by such modification.

Contact

Should you wish to contact Mage Technologies Ltd, please use the email address [email protected]

Applicable law

These Terms and Conditions are governed by and will be interpreted in accordance with the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction in respect of any claim or dispute which may arise in connection with these Terms and Conditions or in connection with any use of the website and its services.

PRIVACY POLICY

This Privacy Policy discloses what information and data we gather from users, how we use it and disclose it, and how to correct or change it.

Information that we gather

We collect, process and retain personal information from you when you use our website and services, register for an account with us, provide us information on a web form or survey, or when you correspond with us regarding our services.

During registration you are required to supply information including but not limited to your username, name, surname and email address. We also collect buying or selling information you provide to complete a transaction, such as listings, shipping addresses or postage. Any payment information is stored by our payment provider, Mango Pay. You may have to provide us with proof of identity to comply with the anti money laundering regulation our payment provider is subjected to.

Furthermore, we automatically collect information about your interaction with our services and the devices you use to access our website, such as your IP address, geo-location or page views and history. The website uses cookies to allow automatic sign in (if you are using a public or shared computer, we recommend that you do not stay signed in) and to track user traffic patterns. Click here for more information about the cookies used by this website.

Use of the information

We use the personal information we collect to: provide and improve our services; deliver newsletters to you, as well as information relating to products, offers or programs that may be of interest to you; contact you about your account and our services; provide you customer service; investigate disputes; process orders and payments; send you communications from other users; administer your account; aggregate reports and carry out analysis on user demographics and traffic patterns; and to prevent and detect fraudulent or illegal activities.

Important notifications about your orders, payments, your account, listings or tutorials are always required. You might also receive messages, comments and reviews from other members. If you do not wish to receive these communications, you can request to remove your Mage account.

You can opt in to receive information such as promotional and marketing messages. If you don't want to receive this promotional content, you are given the option to opt out from receiving these communications from your Settings.

Retention of data

Mage will retain your personal data only for as long as is necessary for the purposes set out in this Privacy Policy and to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our legal agreements and policies.

Mage will also retain usage data for internal analysis purposes.

Sharing of the information

We provide other Mage members with information about you that is necessary to complete a transaction (as a buyer and/or seller), such as your full name, contact details, shipping and billing address, or any other information from you needed to make the transaction. The other user receiving your information is not allowed to use it for purposes unrelated to the transaction.

We may disclose your personal information to third parties, such as third party service providers who help us to provide our services; payment and order processing services; services that allow us to send you newsletters and communications; data analysis services; services to conduct surveys; or services to assist us with the prevention and investigation of potentially illegal acts or violations of our Terms and Conditions.

We may share your personal information with a third party if we are required to do so to comply with applicable law or a court order.

If we were to merge with or be acquired by another company, we may share and transfer your personal information with them.

We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

Your rights

We offer users the ability to correct or change the information collected during their registration process, to keep it current and accurate.

Users may request to delete their account at any time, although this will not cancel any contracts or obligations with other users of the website.

Users have the right to request copies of all their personal data. This request has to be made in writing, providing sufficient information to identify the user and the information they are seeking and the necessary fee.

Mage Technologies Ltd is registered with the Information Commissioner's Office (registration reference ZB578056). For any questions regarding data protection, please contact us at [email protected]

Security

We use industry standard security measures to safeguard information concerning and submitted by you, using technical and administrative security measures. Despite these security measures, you should be aware that it is impossible to guarantee absolute security with respect to information sent through the Internet.

MANGOPAY

By registering to Mage you also agree to the terms and conditions of our payment provider, Mangopay. Please see their terms below.

TERMS AND CONDITIONS OF USE FOR MANGOPAY PAYMENT SERVICES