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Terms & Conditions

Last updated September 25, 2016

Acceptance of Terms & Conditions

QwikSwapGames.com, hereinafter also referred to as "QwikSwap", provides you the QwikSwapGames.com website and associated services, hereinafter also referred to as "QwikSwapGames.com" or "The Website". Your use of QwikSwapGames.com and any purchases you make through QwikSwapGames.com are subject to the following terms and conditions. By using or purchasing through QwikSwapGames.com, you accept and agree to be bound by these terms and conditions. If you do not agree to these terms and conditions do not continue to use QwikSwapGames.com. These terms and conditions may be updated from time to time by QwikSwap, and such updates will be posted to the QwikSwapGames.com. Your continued use of QwikSwapGames.com after such updates have posted, signifies your acceptance of the updated terms and conditions. A link to QwikSwapGames.com's most current terms and conditions will always be available on the QwikSwapGames.com home page and you are responsible for checking them from time to time.

Account Registration

If you decide to create an account on QwikSwapGames.com, you represent that you are 18 years of age or older and reside within the United States. Individuals under the age of 18 may use QwikSwapGames.com, but they may only do so with the consent and supervision of a parent or legal guardian. QwikSwapGames.com does not attempt to intentionally collect information from persons younger than 13 years of age. You also agree to provide information that is current and accurate and to update that information when there are changes. You have the sole responsibility to keep your account information and password confidential and to keep any device through which you access QwikSwapGames.com secure. You will be held fully responsible for any activity that occurs under your account. QwikSwap reserves the right to suspend or terminate your account if it believes fraudulent activity is taking place under your account.

Order Processing, Shipping Terms, And Other Policies

QwikSwap reviews orders to help protect itself and its customers from fraudulent activity and reserves the right to delay, decline, or cancel an order for any or no reason at its discretion. More information may be required before processing certain orders. 

Rentals

You must have a verified credit card on file to rent any game or console, even if your order total is $0 or less. An order total that is $0 or less can happen when an order contains a swap-out with Quick Processing, when you use a free offer, coupon, gift certificate, or discount, or when you have store credit through some other means. Rentals are prepaid in advance for the initial minimum rental period when you pay for your order at checkout, and require a weekly recurring charge to be setup on your credit card on file at the per day rate you select in the product options. QwikSwap will verify the credit card on file for each rental order before shipping the rental and setting up recurring charges by authorizing but not charging it for a nominal amount (up to $1), unless the same credit card on file was also used to pay for the initial minimum rental period at checkout. Enter your credit card details while creating an account or anytime afterward on the Account Details page.

Rentals come with free shipping and QwikSwap usually ships rentals the same day or within 1 USPS shipping day of your rental order.

The cost of the initial minimum rental period is charged before the rental is shipped. After the initial minimum rental period ends the subsequent rental period extensions (7-day rental periods) will be charged weekly (every 7 days) after each subsequent rental period extension ends, at the same per day rate as the initial minimum rental period. If QwikSwap receives a rental back before the end of a rental period extension, the charges will be prorated meaning you would only be charged for a partial rental period extension.

You may return rentals before the end of the initial minimum rental period for the purpose of convenience, but the cost of the initial minimum rental period will not be prorated and no refund will be given for the remaining days of the initial rental period.

If a game or console is unavailable for rent, get added to its rental reservations list. You can make rental reservations for as many games or consoles as you want. To get added to a rental reservations list you are required to add a notification text number and mobile carrier on the Account Details page. Getting on a rental reservations list is completely free. Find your game or console, select the rental reservation option, then add it to the cart. Finally, go ahead and checkout as you normally would. There is no cost to be added to the rental reservations list, so you will not be charged anything unless your order includes other items. Once you order a rental reservation, you will automatically be added to the rental reservations list. When you reach the head of the rental reservations list a reservation ready notification will be texted to your notification text number and emailed to your account email, notifying you that your rental is ready. You will be given a deadline, usually until the end of the day on the day the reservation ready notification text and email are sent, to complete the rental process by following the instructions given in the text and email. If you do not complete the rental process within the allotted time, you will be removed from the rental reservations list. If there are problems with completing the rental process, contact QwikSwap as soon as possible.

If you report a game disc or console that's not functioning properly to QwikSwap, you must give adequate details of the malfunction. For example, did it freeze or restart? If it froze, when did it freeze? Did it freeze at the title screen, when you reached the main boss on level 3, or while you were using an app? Did the malfunction happen while you were paused or while a game was being loaded? Be very detailed and if possible document the malfunction in pictures or video. You will be given 2 days including the day you report a malfunctioning game disc or console to QwikSwap and the following day, to ship back the game disc or console. Rental charges will continue as normal until the game disc or console is shipped back, so although you can take longer than 2 days to ship it back you will only be refunded rental charges for a maximum of 2 days. Once shipped back, QwikSwap will examine the game disc or console for any functional issues. If it is determined to be a legitimate malfunction you will be refunded rental charges for the day you reported the malfunction to QwikSwap and the following day if necessary, for a maximum of 2 days. If the game disc or console is determined to be functioning properly you will not receive a refund.

The condition of game discs or consoles must meet QwikSwap's Condition Rating Standard upon return, otherwise your credit card will be charged for repairs or replacement, at QwikSwap's discretion. Damage can significantly reduce a game disc's or console's resale value even if it remains functional. Therefore resale value will be a factor when determining whether to repair or replace, as well as the level of damage, the previous condition, and etc. being factors. The amount you are charged for repairs depends on factors such as length of time required to complete repairs (length of time unavailable for rent due to repairs), cost of repairs, and etc. If a game disc or console is lost contact QwikSwap. You will be charged for the replacement of lost game discs or consoles.

Game Rentals

If you are renting a game, you will receive an email notifying you that your game has shipped. After the game is shipped it will be traced through the USPS mail system. This data will be used to determine when your rental period begins and ends so it is important that you ship your game back to QwikSwap in the reusable mailer it arrived in, otherwise contact QwikSwap if the reusable mailer is lost or damaged.

Inspect the reusable mailer, disc sleeve, and game disc for any damage immediately upon receiving the rental. If anything is missing or damaged immediately contact QwikSwap. If there is damage to the game disc you must ship it back by the following day, because you can only be refunded for a maximum of 2 days including the day you report the damage and the following day. Some examples of damage that typically occurs with game discs are excessive minor scratches, deep scratches, scuffs, cracks, becoming stained, dirty, greasy, or sticky, and etc. A few tips to prevent this type of damage include only hold the game disc by its outer edges, do not touch the mirror surface of the game disc, keep the game disc in its protective sleeve while not in use, and avoid handling game discs with dirty, greasy, sticky, etc. hands. Also, do not attempt to switch rented games with your own.

Game rentals will be shipped to you in a QwikSwap reusable mailer with a protective sleeve for the game disc and return postage already provided. Keep the game disc in its protective sleeve while not in use. Return the rental in the same mailer and sleeve you received it in, and make sure the delivery address showing is QwikSwap's before you ship it back. Retain the reusable mailer and the game disc's protective sleeve. If the disc sleeve is lost or damaged, use one or two sheets of paper and fold it as necessary around the game disc to create a replacement sleeve. If the reusable mailer is lost or damaged, you must include USPS Tracking on your return shipment or be charged replacement costs if the shipment is lost in transit. Place the game disc in its sleeve, put it in a bubbled or padded envelope, then contact QwikSwap for further instructions and the proper shipping address.

Console Rentals

Console rentals may require a deposit that will be refunded after the return of the console and included items in a condition rated acceptable under QwikSwap's Condition Rating Standards, or in similar condition to when you first received the rental. A deposit is required depending on QwikSwap's discretion.

If you use the option to request specific dates QwikSwap will determine availability. If the requested dates are available QwikSwap will email you further details including price. In order to confirm the requested dates you must prepay the quoted price by the deadline QwikSwap sets. If the requested dates are unavailable you will be notified by email, then given the option and instructions to get added to the console's rental reservations list.

The pickup/dropoff location is usually within a 10-mile radius of your shipping address. If a location is beyond the 10-mile radius of your shipping address you will be contacted for your approval before your console rental is shipped. If you are renting a console, you will be notified of your pickup/dropoff location and tracking info in the email notifying you that your console rental has shipped. Remember that rentals must be picked up by the person who is named on on the credit card, no exceptions. Rentals will be inspected before pick up and after drop off by pickup/dropoff location personnel.

Inspect the entire shipment for any damage immediately upon picking up the rental. If anything is damaged or missing including the console, included items, game discs, shipping box, packing materials, disc cases or sleeves, and etc. contact QwikSwap first before leaving the pickup location with the console rental. Do not take a damaged console, inlcuded item, or game disc with you, because once you leave the pickup/dropoff location you are considered responsible for all damage and anything missing. Some examples of damage that typically occurs with consoles and included items are overheated electrical components in the console interior, cracks in the console or controller exterior, panels with broken hinges, malfunctioning mechanisms such as ejectable disc trays, panels that no longer snap closed, disc cases with broken or missing tabs preventing a game disc from snapping securely in place or the case from securely snapping closed, excessive stains, dirt, oiliness, stickyness, smears, etc. on the console or controllers, and serious scratches or scuffs on the console or controllers. Some tips to prevent this type of damage include avoid dropping the console or controllers, avoid placing items on top of the console, avoid placing console on a carpet floor or otherwise inhibiting console ventilation, and avoid handling the console or controllers with dirty, greasy, sticky, etc. hands. Also, do not attempt to switch rented consoles, controllers, equipment, games, or anything else with your own.

Console rentals will be shipped to you in a reusable shipping box protected with reusable packing material inside the shipping box. Keep any included game discs in their protective case or sleeve while not in use. Drop off the console rental in the same shipping box you received it in except don't seal it. Make sure the console and included items are properly protected and packed using the same packing material originally included. Drop off the console rental at the same location where it was picked up, in the same shipping box (unsealed), with the same protective packing material. Everything else related to the return shipment such as sealing the shipping box, covering the old shipping label(s), etc. will be handled by the dropoff location personnel. You are only required to drop off the unsealed shipping box containing the properly protected and packed console and included items, then inform the dropoff location personnel that the rental is being dropped off for QwikSwap and that a QwikSwap representative should be contacted regarding further action. Retain the reusable shipping box, packing materials, and disc cases or sleeves in the condition they are received otherwise you may be charged replacement costs. If any shipping or packing supplies are lost or damaged contact QwikSwap for further instructions first. Do not drop off a console and included items in a box or with packing materials not approved by QwikSwap. If a disc sleeve is lost or damaged, use one or two sheets of paper and fold it as necessary around the game disc to create a replacement sleeve. If a disc case is lost or damaged you may replace it with a standard game/dvd case that is functional, meaning the game disc can still snap securely in place and the case can securely snap closed. If the shipping box or the packing materials are lost or damaged contact QwikSwap to determine if you possess a box or materials that are suitable replacements. Otherwise QwikSwap may instruct you to get assisstance from the dropoff location personnel.

Swap-Outs

Processing Options

Select how quickly you want QwikSwap to process and ship an order and/or deposit your store credits by selecting the appropriate processing option on the Account Details page. If your order does not include swap-outs the processing options do not affect it and your order will usually be processed and shipped within 1-2 USPS shipping days. The time in transit from QwikSwap to you depends on which shipping option you select at checkout. QwikSwap currently offers United States Postal Service (USPS) Parcel Select, First-Class Package, or Priority Mail as shipping options. Orders will not be shipped on Sundays or USPS holidays. For orders with swap-outs, quick processing allows you to receive your order and/or store credits the quickest because QwikSwap does not have to wait until it receives the swap-outs before shipping your order and/or depositing your store credits. However quick processing does have certain requirements.

Normal Processing

If your order includes swap-outs and you select Normal Processing, QwikSwap will not ship your order and/or deposit your store credits until QwikSwap receives your swap-outs. The quicker you send your swap-outs the quicker you will receive your order and/or store credits. QwikSwap must receive your swap-outs within 5 USPS shipping days of the order date or the order will be canceled. If QwikSwap receives the swap-outs sometime after 5 USPS shipping days, you will be given the total Swap Value of the swap-outs as store credit. QwikSwap usually ships orders that include swap-outs (with Normal Processing) the same day or within 1 USPS shipping day of the day your swap-outs are received. The time in transit from QwikSwap to you depends on which shipping option you select at checkout.

Quick Processing

Quick Processing essentially allows you to use store credit for swap-outs that you have not actually swapped out yet! You must have a verified credit card on file for Quick Processing. Before orders that include swap-outs (with Quick Processing) ship your credit card on file will be authorized but not charged for an amount equivalent to the amount of store credit given for the swap-outs in your order. Enter your credit card details while creating an account or anytime afterward on the Account Details page.

If your order includes swap-outs and you select Quick Processing QwikSwap will charge you the total cost of the order, and authorize but not charge your credit card on file for an amount equivalent to the amount of store credit given for the swap-outs in your order. (Note: Although the authorized amount will not be immediately collected from your credit card on file, your available balance may be reduced by that amount, so make sure you have enough available credit or funds.) QwikSwap will then ship your order and/or deposit your store credits, usually within 1 USPS shipping day. If QwikSwap receives the swap-outs within 5 USPS shipping days of your order date, you will not be charged the authorized amount. If QwikSwap does not receive the swap-outs within 5 USPS shipping days of your order date, you will be charged the authorized amount. If QwikSwap receives the swap-outs sometime after 5 USPS shipping days, you will be given the total Swap Value of the swap-outs as store credit. The time in transit from QwikSwap to you depends on which shipping option you select at checkout.

Shipping Eligibility For Swap-Outs

First check to make sure you have the original case, original cover art/sleeve/etc., original instructions, and original game disc that came with the game from the manufacturer, and that they meet QwikSwap's Condition Rating Standards which are as follows:

  • The case or box can have wear such as minor scratches, minor scuffs, etc., but it must still be in working condition, meaning it will hold the game disc in place, close properly, etc. The case must have no cracks. The cover art/sleeve must still be visible, meaning it hasn't been smeared away or covered with markings etc.
  • The instructions must be intact, meaning pages aren't falling out and the booklet isn't falling apart at the binding. No pages should be torn out unless designed to be torn out, for example a map or etc. The instructions must have no markings or writing on/in them unless designed to have them, as in a "Notes" page for example.
  • The game disc can have a few light scratches but must load and play perfectly with no skipping whatsoever. The game disc must not be in need of repair, cleaning or resurfacing.

If your game meets the Condition Rating Standards it is rated acceptable to swap out and can be shipped to QwikSwap. For your own protection ship your swap-out with tracking, as QwikSwap will not be held responsible for shipments lost in transit. Be sure to include your order or order number in the shipment, which you can printout after checkout or from the order confirmation email. You can also write it on an index card or something similar and include it in the shipment. Be sure to include a return address on the shipment.

Ship To Address For Swap-Outs

Ship your swap-out to the following address:

QwikSwap
P.O. Box 820904
Houston, Texas 77282
 

Security And SSL

QwikSwapGames.comuses a DigiCert SSL certificate to encrypt your connection to QwikSwapGames.com with 128-bit encryption, which serves to protect the personal and payment details of customers. An SSL certificate allows customers to create an account, sign in, or checkout securely with all personal or payment details encrypted. For more details about the SSL certificate click on the padlock icon that appears within the web browser's address bar on any pages where personal or payment data can be transmitted. To ensure the secure transmission of sensitive data make sure the web address in the browser's address bar has a padlock icon and reads "https" at the beginning. The added "s" represents a secured page.

Shipping

Orders will be processed and shipped depending on what is included in the order such as swap-outs and rentals. Once an order is shipped, the transit time from QwikSwap to you depends on the shipping option you select at checkout. QwikSwap currently offers United States Postal Service (USPS) Parcel Select, First-Class Package, or Priority Mail as shipping options. Orders will not be shipped on Sundays or USPS holidays.

Items purchased through QwikSwapGames.com are shipped to you by a shipping carrier pursuant to a shipping contract. Once an item is dropped off with the shipping carrier, title and risk of loss pass to you, meaning QwikSwap is not responsible for orders once they have shipped. If an order is lost, stolen, misdirected, held up by inclement weather, undeliverable, or anything else of that nature, you will have to contact the shipping carrier for more information or to file a claim. If QwikSwap receives back an order marked undeliverable, a refund will be issued for the amount of the order minus shipping costs.

Returns

If an item is brand new and has a manufacturer's defect QwikSwap will offer a refund, replacement, exchange, or store credit if a return request is received within 10 days of the item's delivery based on the tracking information. QwikSwap will offer an exchange or store credit on brand new items that are factory-sealed with their packaging in its original condition, if the return request is received within 5 days of the item's delivery based on the tracking information. QwikSwap will offer a replacement on pre-owned items that do not function properly and are in their original condition including the packaging, if the return request is received within 5 days of the item's delivery based on the tracking information. All other refunds, replacements, exchanges, or store credit will be offered at the sole discretion of QwikSwap.

All returns are be subject to a 15% restocking fee at QwikSwap's discretion except when an item is new and has a manufacturer's defect or an item is pre-owned and does not function properly. Shipping and handling costs for the initial order shipment are non-refundable unless the item being returned is new and has a manufacturer's defect or the item is pre-owned and does not function properly, in which case QwikSwap will refund the initial shipping and handling costs. Shipping costs for return shipments will not be reimbursed by QwikSwap.

To submit a return request find the completed order on your "My Account" page and select which items you want to return. You will be given further instructions in QwikSwap's response to your request. Do not return any items before receiving authorization from QwikSwap. QwikSwap will examine all returned items and determine whether they have been returned in accordance with QwikSwap's return policies before issuing a refund or store credit, or shipping a replacement or exchange.

If you receive a return authorization from QwikSwap ship your return with tracking for your own protection, as QwikSwap will not be held responsible for return shipments lost in transit.

Pricing

If a pricing error appears on QwikSwapGames.com, QwikSwap will have the right to decline or cancel any orders placed at the incorrect price, whether or not the order has been confirmed or paid for. QwikSwap will usually contact you before cancelling your order. 

Privacy

Any information that you provide to QwikSwap through QwikSwapGames.com is subject to the QwikSwapGames.com privacy policy. A link to QwikSwapGames.com's privacy policy will always be available on the QwikSwapGames.com home page.

Unlawful Use

You agree not to use QwikSwapGames.com for any illegal purposes and that your use will comply with all local, state, national, and international laws that are applicable.

Right to Terminate

QwikSwap reserves the right to terminate or restrict your use of QwikSwapGames.com for any or no reason, without notice.

Intellectual Property

Everything that appears on QwikSwapGames.com is the property of QwikSwap or other parties, including graphics, text, logos, and images, and is protected by United States and International copyright laws. No QwikSwapGames.com content may be used or reproduced without permission from QwikSwap or the copyright holder. QwikSwap and QwikSwapGames.com are trademarks of QwikSwap. Any other logos, names, or marks that appear on QwikSwapGames.com are the property of their respective owners.

Site Content

QwikSwapGames.com features information, text, reviews, comments, and other content for purposes of your entertainment or that you might find helpful. You are responsible for evaluating any such content, as QwikSwap does not make any representations or warranties regarding how accurate, complete, reliable, or current the content is. Under no circumstances will QwikSwap, or its directors, officers, or employees be held liable for any losses or damages caused by your reliance on any information or content obtained through QwikSwapGames.com.

QwikSwap allows users to post content, such as reviews, to QwikSwapGames.com. You agree that any content you post to QwikSwapGames.com is original and accurate to the best of your knowledge and you indemnify QwikSwap for any claims arising out of content you posted or submitted. You also agree that QwikSwap is authorized to use any content including comments, reviews, ideas, and anything else you post to QwikSwapGames.com or that you send to QwikSwap without further compensation of any kind, for any purpose whatsoever such as developing or improving QwikSwapGames.com. If you post any content to QwikSwapGames.com or submit any content to QwikSwap, you grant QwikSwap a nonexclusive, royalty-free, permanent, irrevocable, right to display, reproduce, modify, create derivative works from, distribute, or otherwise use any such content anywhere in any media format. QwikSwap reserves the right to edit or remove any content you post to QwikSwapGames.com.

Links

Some links on QwikSwapGames.com may lead to websites that are not controlled by or affiliated with QwikSwap. QwikSwap has not reviewed these sites and is not responsible for any content or anything related to these sites. You agree that your use of any links to websites that are not controlled by or affiliated with QwikSwap are at your own risk.

Electronic Communications

By using QwikSwapGames.com, you consent to receive communications in electronic form, typically e-mails, from QwikSwap. You may receive information regarding your account, order confirmations, updates to QwikSwapGames.com and other types of info within these communications. You agree that any notices, agreements, disclosures, or other communications sent to you electronically by QwikSwap, will satisfy any legal communication requirements, including that such communications be in writing.

Conduct on QwikSwapGames.com

By using QwikSwapGames.com, you agree to abide by all laws and regulations that apply. You agree not to upload or transmit in any way, anything that contains viruses or any other computer code, files or programs designed to interrupt, destroy, limit, or adversely affect the functionality of any computer software or hardware associated with QwikSwap or QwikSwapGames.com. You agree not to interfere with QwikSwap's servers or networks or violate any procedures, policies or regulations of networks connected to QwikSwapGames.com. You also agree you will not impersonate another person or use QwikSwapGames.com for any unlawful purpose.

Disclaimers and Limitations of Liability

QwikSwapGames.com WITH ITS CONTENT, FUNCTIONALITY, PRODUCTS, AND ANYTHING ELSE INCLUDED ON OR ASSOCIATED WITH QwikSwapGames.com, IS PROVIDED BY QWIKSWAP "AS IS". QWIKSWAP MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND REGARDING THEIR AVAILABILITY, ACCURACY, OR FUNCTIONALITY. TO THE FULLEST EXTENT PERMISSABLE BY LAW, QWIKSWAP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND NON-INFRINGEMENT. QWIKSWAP WILL NOT BE HELD LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF QwikSwapGames.com OR ANY OF ITS PRODUCTS. IF A PORTION OF THIS SECTION IS HELD TO BE UNENFORCEABLE, THEN ANY LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Governing Law and Jurisdiction

These terms and conditions will be governed by the laws of the state of Texas without regard to conflicts of law provisions. Any disputes arising out of the use of QwikSwapGames.com or related to these terms and conditions will be heard in the courts of Harris County, Texas and these courts will have exclusive jurisdiction. If any of these terms and conditions are determined to be unenforceable or invalid, then the unenforceable or invalid portions will be severed and the remaining terms and conditions will remain in effect.


 

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