It is important that you read and agree with these Terms & Conditions before registering for www.xchangemy.co.uk. By registering to the www.xchangemy.co.uk website or using the www.xchangemy.co.uk service, you agree to be bound by these terms and conditions.

At our discretion, these terms and conditions may be amended from time to time. Notice of any changes will be posted on the www.xchangemy.co.uk website.

Definitions
In these terms and conditions the following terms shall have the following meanings :-

Membership and Use of the Website

1. You must register as a member in order to use the Website and its services and by registering as a member you agree to be bound by these terms and conditions and the privacy policy.
   
2. You must be 18 years old or over in order to register and to use the Website
   
3. You must update your registration details should they change at any time.
   
4. Membership of the Website is only available at the current published prices (see Registration page for details).
   
5. Membership of the Website is only available to consumers and not to businesses.
   
6. You as a consumer have the right to cancel our services (your membership) within seven days of first joining the Website or until the Company commences performance of the service. You agree that performance of the service commences when we process your application for membership. This is in accordance with the requirements of the Consumer Protection (Distance Selling) Regulations 2000.
   
7. You have the right to cancel your membership at any time but must give a minimum of 30 days notice by e-mail to customerservice@xchangemy.co.uk.
   
8. If you do not cancel your membership your membership will automatically be renewed at the up to date published price for the same membership term as previously taken. The credit or debit card that was used when you became a member of the Website will be charged. If the card is no longer valid, your membership will be put on hold and we will contact you by email.
   
9. We will, from time to time, review all membership registrations and reserve the right to reject or cancel a member’s registration at our sole discretion.
   
10. Without limiting our other remedies, we may limit your activity on the Website, immediately issue a warning, suspend or terminate your membership or any of your listings and refuse to provide our services to you without notice to you if: (a) you breach these terms and conditions; or (b) we believe your actions may cause us financial loss or legal liability.
    
11. In order to allow you to register to use the Website and to make exchanges, we require your personal information. You must provide full and accurate details for all the information required. If you provide false or inaccurate details when registering as a member we reserve the right to reject or cancel your membership. Please refer to our privacy policy for how we will use your personal information.
    
12. We do not offer a trading guarantee as all items listed on the Website are owned by third parties or Website members.
    
13. We do not own or posses the items offered on the Website and, therefore, we have no control over the legality, safety and/or quality of the items offered.
    
14. We are not responsible for making sure that senders and receivers complete transactions. This is the sole responsibility of each individual member. Should there be any problem with any transaction or any Website member we suggest that the best route to resolve the issue is to email the member. Should any dispute not be resolved satisfactorily, please inform us by e-mail - customerservice@xchangemy.co.uk. We will then endeavour to contact the member by e-mail. If the member does not respond or does not resolve the issue then the offending member’s membership will be suspended until the matter has been resolved.
    
15. We are not responsible for the valuation of any item listed on the site. Any valuation is at the discretion of the member offering the item.
    
16. We are not responsible for any cash amount offered for any item. Any cash offer is at the discretion of the member offering the cash amount for another member’s item.
    
17. You must not use the Website to trade any items that:
    
    • Are damaged or not fit for purpose, for example, this includes, but is not limited to, unplayable DVDs, books with pages missing or loose, DVD sets with discs missing or incorrect discs.
    
    • Are stolen, counterfeit or fraudulent.
    
    • Infringe any third party’s copyright, patent, trade mark, trade secret or other proprietary rights.
    
    • Are obscene or contain material that is or may be deemed indecent.
    
    • Are illegal or may cause us to breach any applicable laws.
    
18. We reserve the right to remove any item listed at our sole discretion and without notice.
    
19. When an item that you have listed is requested by another member of the Website, you will receive an email from us informing you that you have a member interested in your item and that they have offered you an exchange item. You must click this link or access your account from where you can accept or reject the offer to exchange the item. You must try do this within 7 days of receiving notification of the item being requested.
    
20. If you accept the request to exchange an item with another member of the Website, you then enter into a contract with the requesting member and you agree to fulfil your obligations as a sender.
    
21. If you accept an offer from another member it is your responsibility to dispatch your item to the name and address of the Website member with whom you have entered into the exchange contract. This must take place within 10 days of you accepting the offer. If this is not possible you must contact the Website member and inform them of the reasons why and arrange a suitable dispatch date.
    
22. It is your responsibility to ensure that the item you are dispatching is adequately and securely packaged. It must be clearly and properly addressed and you must ensure that the correct postage is used to fully cover the delivery of the item. You are advised to obtain a certificate of posting (available for free from the Post Office), this will enable you to claim compensation from the Royal Mail (currently up to 100 times the cost of a first class stamp), if your item is lost in transit.
    
23. When you receive an item you must confirm receipt of the item on the Website by adding your feedback to the sender’s details. This will help other members to build a picture of each user’s reliability and compliance with the system.
    
24. Should you receive an item that is counterfeit, missing a disc, unplayable, missing pages or generally unusable then you must initially contact the sender. If you do not receive adequate satisfaction within 7 days of receipt of the item, you must contact us by e-mail within 14 days of receipt of an item in order for our relevant department to investigate the offence correctly.
    
25. If you receive an item that is not as advertised by the Website member, then you must contact the sender in order to resolve any problems. If the issue cannot be resolved and you believe that you have a legitimate claim, then tell us as soon as possible by e-mail to customerservice@xchangemy.co.uk. We will endeavour to contact the member but cannot guarantee any reimbursement for the item.
    
26. Senders who send items that are counterfeit, unplayable or unfit for purpose will have their Website account terminated at our sole discretion and the relevant authorities notified if we feel it is appropriate.
    
27. Positive or negative feedback should be added to a member’s account upon the successful receipt and confirmation of receipt by the Website member who requested the item. Any member using inappropriate language or wording within another members feedback area may have their membership suspended or even cancelled.
    
28. We reserve the right to cease operating the Website or to terminate your access and use of any part of the Website at any time by giving written notice, which will be given by email.
    
29. The name www.xchangemy.co.uk and the www.xchangemy.co.uk website is owned and operated by us and is protected by intellectual property law. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software. You may download and/or print page material from this site for your personal, non-commercial use only, providing you keep intact all copyright and other proprietary notices.
    
    Third Party Rights
30. For the avoidance of doubt nothing in these terns and conditions shall confer on any third party any benefit or other right to enforce any term within these terms and conditions
    
    Extent of Liability
31. We shall have no liability to you for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of these terms and conditions or any negligence, breach of statutory or other duty on our part or in any other way out of or in connection with the performance or purported performance of or failure to perform our obligations under these terms and conditions except:
    - for death or personal injury resulting from our negligence; and as expressly stated in these conditions or otherwise required by law.
    
32. In no circumstances shall our liability to you in this section exceed the cost of your annual membership.
    
    General
33. We may sub-contract the performance of our obligations in these terms and conditions whole or in part.
    
34. You shall not assign, transfer, sub-contract or in any other manner make over to any third party any benefit or burden under these terms and conditions without our prior written consent.
    
    Force Majeure
35. We will not be liable for any failure in the performance of any of our obligations in these terms and conditions caused by factors outside our control.
    
    Law and Jurisdiction
36. These terms and conditions will be governed by English law and you consent to the exclusive jurisdiction of the English courts in all matters regarding it except to the extent that we invoke the jurisdiction of the courts of any other country.
    
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