Policy when Using SafeSwap
1.1 This policy applies when a member receiving an item (referred to
in this policy as a “receiving member”) from another member (referred
to in this policy as “sending member”) through the Clocked website elects to use SafeSwap.
1.2 Once a receiving member elects to use SafeSwap for the delivery of an item to him or her:
a. that receiving member shall not be entitled to cancel that election; and
b. the sending member must send the item to Clocked Limited.
Delivery of an Item to Clocked Limited by Sending Member
1.3 When sending an item to Clocked Limited, a sending member may
wish to use services such as Track & Trace for increased security.
1.4 In the event that Clocked Limited does not receive an item from
a sending member within 7 days of being notified that an exchange has
been agreed:
a. Clocked Limited will, upon being requested in writing to do so by
the receiving member (and the receiving member will be deemed to have
so requested at the end of 14 days following Clocked Limited being
notified that an exchange has been agreed), refund the SafeSwap fee
paid to it to the receiving member less an administration fee equal to
30% of such fee;
b. Clocked Limited will, if an item is received by a sending member
following refund to a receiving member in accordance with clause
1.4(a), may hold the item until such time as the sending member has
paid Clocked Limited an amount that satisfies all costs reasonably
incurred by Clocked Limited in returning the item to the sending member
plus an administration fee equal to 30% of such costs. In the event
that the sending member’s Clocked account does not satisfy the
foregoing amount within 28 days of receipt of the item by Clocked
Limited, Clocked Limited shall be entitled to dispose of the item.
Delivery of an Item by Clocked Limited to a Receiving Member
1.5 Subject to the SafeSwap fee payable for an item being paid to
Clocked Limited and no refund being paid by Clocked Limited in
accordance with clause 1.4(a), Clocked Limited will deliver any item
delivered to it by a sending member to the relevant receiving member to
the address advised to Clocked Limited at the time exchange of the item
is agreed (referred to in this policy as “receiving member’s address”)
within a reasonable time of receiving that item from the sending member.
1.6 Where an item is lost or damaged please contact Clocked Limited at support@clocked.co.nz.
1.7 In the event that an item is lost or damaged (taking into
account the state of repair of that item on receipt by Clocked Limited
and fair wear and tear from the time of receipt by Clocked Limited to
the time of delivery to the receiving member’s address accepted) after
receiving an item from a sending member and prior to delivery to the
receiving member’s address, Clocked Limited will:
a. refund to the receiving member the SafeSwap fee paid for that item; and
b. at its election, either:
i. replace the item that is lost or damaged; or
ii. pay the receiving member an amount agreed between Clocked
Limited and that receiving member representing the loss of, or damage
to, the item (such agreement to be reached between Clocked Limited and
that receiving member in good faith) provided that the maximum amount
that Clocked Limited shall pay the receiving member shall be $75 per
video game up to $250 per exchange, $30 per DVD up to $250 per
exchange, $40 per HD DVD up to $250 per exchange, and $50 per Blu-Ray
Disc up to $250 per exchange and, to the extent permitted by law,
Clocked Limited’s liability (if any) for such loss or damage will be
limited to the foregoing amounts.
Prohibited Items
1.8 SafeSwap should only be used to exchange video games and DVDs/HD
DVDs/Blu-Ray Discs (all other items are referred to in this policy as
“prohibited items”). Clocked Limited will not have any liability of
any nature whatsoever to any person (including, without limitation,
sending member and receiving members), and will not pay compensation of
any nature whatsoever to any person (including, without limitation,
sending member and receiving members), for the loss of, or damage to,
prohibited items (or any item that contains a prohibited item).
Liability
1.9 Unless otherwise provided in this policy, to the extent
permitted by law, Clocked Limited shall not have any liability of any
nature whatsoever to any person (including, without limitation, sending
member and receiving members) (including, without limitation, for any
loss, either direct, indirect or consequential, including any loss of
profit suffered).
Consumer Guarantees Act
1.10 If a receiving member is using SafeSwap for the purposes of a
business, the receiving member agrees that the Consumer Guarantees Act
1993 does not apply.
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