Gamepawn.com: Is this even legal?

A while ago I was going through a bit of a pruning phase in my teenage life and I decided to sell all my old videogames and some of my newer ones. I eventually settled with selling through Amazon (which I highly recommend, by the way--I made over $300 even with lower prices than the competition) but, along the way, I stumbled upon Gamepawn.com.

It looked too good to be true. Choose my games, get a quote, and send the games in for instant cash-o-la. However, after doing a bit of research on the site, I learned that the people behind it may not be as scrupulous as I thought. The reviews were largely negative, some people saying that after sending in their games they received little to no compensation. I even read somewhere that the CAKE Customer Service is a lie--the phone number being a generic one with no ties to the "company" whatsoever.

What interested me most, though, was this:

Gamepawn.com Terms of Service Agreement:

Loss of Items
Items bought by GamePawn.com are subject to a shipment contract. You, the user, retains all ownership and risk of loss for an item until it is in our possession. Ownership and risk of loss transfers to GamePawn.com once it has been delivered to us by a carrier.

...

Disclaimer of Warranties and Limitation of Liability
GamePawn.com is provided on an "as is" and "as available" basis. We grant no warranty, express or implied, as to the operation of this site, the information it contains, its content, materials, or products included. You expressly agree that your use of this site is at your sole risk.

I don't understand the first thing about law or legal jargon but it seems to me that GamePawn explicitly--albeit, complicatedly--states that they don't have to provide anything to the customer. Loss of Items seems legit insofar as GamePawn doesn't pretend to have never received something although it is in their possession. The Disclaimer though seems a bit... shady. "We grant no warranty... as to the operation of this site.... You expressly agree that your use of this site is at your sole risk." That seems like a get-out-of-jail-free card for GamePawn. Would that ever hold up in court?

I feel sorry for the unwary consumer planning to cash in on their old games. Of course, this could be perfectly legit. In which case, sorry for wrongly accusing the company. However, the complaints plus this seemingly shady clause of the agreement suggest otherwise.

EDIT: Upon closer inspection, this is probably in the wrong forum. If any mods see this, can it be moved to Off-Topic or an appropriate forum? Sorry--seeing the word "Game" must have triggered me to automatically post it here.

RagnarokHybrid:

I don't understand the first thing about law or legal jargon but it seems to me that GamePawn explicitly--albeit, complicatedly--states that they don't have to provide anything to the customer. Loss of Items seems legit insofar as GamePawn doesn't pretend to have never received something although it is in their possession. The Disclaimer though seems a bit... shady. "We grant no warranty... as to the operation of this site.... You expressly agree that your use of this site is at your sole risk." That seems like a get-out-of-jail-free card for GamePawn. Would that ever hold up in court?

The loss of items is actually your standard FOB destination shipping terms terms with you being the vendor and them being the customer. Its a fairly common practice used between corperations and businesses but its very rarely used when dealing with individual customers.

As for the second part that is pretty much just saying they dont test the games and if they have them they have them and if they dont they dont. If you buy a game from them and it turns out it doesnt work they are not responsible for it. They are pretty much just the middle man. If you buy a game and instead you end up getting an empty case oh well not their fault. They do not offer any buyer or seller protection.

I wouldnt use them since their practices are a bit crappy. Both ebay and amazon have better terms when selling used games. All of it would hold up in court its just the second part is a little crappy and something that very few companies do anymore. I would never ever use a site as shady as that one.

 

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