Terms & Conditions
These Terms and Conditions ("Terms"), incorporating the EB Games Terms and Conditions [https://www.ebgames.com.au/terms] and EB Games Privacy Policy [https://www.ebgames.com.au/privacy] constitute the entire agreement between Electronic Boutique Australia Pty Ltd (ABN 50 077 681 442) ("EB Games") and each person who has successfully applied to be a member ("Member") of the EB World Loyalty Program ("EB World") ("Agreement").
1. Definitions
- 'Anniversary Reward' means an offer from EB Games or Zing Pop Culture to a Member the month of that Member's EB World sign up anniversary.
- 'Birthday Reward' means an offer from EB Games or Zing Pop Culture to a Member the month of that Member's birthday, as provided by the Member through their EB World Profile. If the Member has not provided their birthday information they are not entitled to this offer. If a Member adds their birthday after their birthday month has already concluded they will not be entitled to a Birthday Reward until the following year. There is a 12 month waiting period to be eligible for the offer each time a Member changes their birthday through their EB World Profile. Member must have transacted at least once to be valid for the Birthday Reward. Member must show their photographic ID instore to receive the reward.
- 'Birthday Voucher' means a gift card offer from EB Games or Zing Pop Culture to a Member the month of that Member's birthday, as provided by the Member through their EB World Profile. If a Member adds their birthday after their birthday month has already concluded they will not be entitled to a birthday reward until the following year. There is a 12 month waiting period to be eligible for the offer each time a Member changes their birthday through their EB World Profile.
- 'Bonus Trade Credit' means the percentage by which EB Games will increase the trade credit value for Members trading in games, accessories, and consoles.
- 'Early Preorder Notification' means a specified timeframe within which Members may be provided knowledge of selected preorder opportunities or other associated product information before non-Members, or lower-Level Members.
- 'Early Sales Events Notification' means a specified timeframe within which Members may be provided knowledge of selected sales events or other associated information before non-Members, or lower-Level Members.
- 'Exclusive Facebook Group' means the dedicated Facebook group of Level V members.
- 'Extra Trade Credit Gift' means the amount of credit to be added to the total trade value of a Member's trade transaction.
- 'EB Games' means Electronics Boutique Australia Pty Ltd ACN 077 681 442 (ABN 50 077 681 442), and includes all subsidiaries thereof, including EB Games, Zing Pop Culture, and EB World.
- 'EB World' means the membership program of EB Games
- 'EB World Profile' means a Member's online profile as accessed through their EB World Membership Account, via the EB Games or Zing Pop Culture Website.
- 'Game Guarantee' means the time period during which a Member is entitled to return a game (software disc only) to an EB Games store for a full refund on purchase value or store credit, in accordance with the original method of payment. The Game must be returned in full. The Game Guarantee entitlement excludes any Product with an online activation code and/or downloadable content (‘DLC’), as well as EB Games or Zing Pop Culture gift cards and POSA cards. The stated exclusion does not affect Members' statutory rights.
- 'Gift Guarantee' means the time period during which a Member is entitled to return a Product to an EB Games or Zing Pop Culture Store for a full refund on purchase value or store credit, in accordance with the original method of payment. The Product must be returned in full, and in as-new condition with all tags, unworn, unused etc. The Gift Guarantee entitlement excludes any Product with an online activation code and/or DLC content, as well as EB Games or Zing Pop Culture gift cards and point of sale activation (‘POSA’) cards. The stated exclusion does not affect Members' statutory rights. We may temporarily alter or extend this policy at certain times, such as gift giving times, in our absolute discretion.
- 'Level I' means level 1 of the EB World membership program
- 'Level II' means level 2 of the EB World membership program
- 'Level III' means level 3 of the EB World membership program
- 'Level IV' means level 4 of the EB World membership program
- 'Level V' means level 5 of the EB World membership program
- 'EB World PLUS' is a paid EB World membership program with added benefits to the free Level I-V membership.
- 'Level Up Bonus' means an offer from EB Games or Zing Pop Culture to a Member when that Member has reached the required Carrot balance threshold to progress to the next numbered tier of Member Benefits, as set out in clause 6.
- 'Membership Account' means an account created for, and assigned to, each individual Member upon completing their registration to EB World, whether completed instore, online via the EB Games or Zing Pop Culture Website.
- 'Membership Benefits' means the benefits set out in clause 6.
- 'Carrots' means "points" earned by Members in various ways as set out in clause 5.
- 'Member-Only Offers' means offers made available exclusively to EB World Members by EB Games or Zing Pop Culture from time to time.
- 'Personalised EB World Card' means a personalised EB World membership card with your name printed on the back.
- 'Preorder' means the ability to place an order for hardware, software, or accessories from EB Games and Zing Pop Culture before the official release date of that product, with payment made in full or in part.
- 'Preorder Hold Guarantee' means the post-release time period within which a Member's Preorder product will be held available instore for the Member to purchase.
- 'Priority Customer Service Email' means dedicated line to the customer service team.
- 'Product(s)' means all goods sold through EB Games and Zing Pop Culture.
- 'Receipt-Free Shopping' means the electronic storage of transaction receipts against a Member account, to allow for the retrieval of transaction details without the need for a printed proof of purchase receipt. Electronic receipts are made available to Members 1-2 days after the original transaction. Where a Member wishes to address an issue on day of purchase, a proof of purchase receipt much be furnished by the Member.
- 'VIP Event Privileges' means an invitation offered to certain Members from time to time by EB Games to: purchase tickets to, or attend, Events hosted by EB Games, Zing Pop Culture or third parties, take part in selected Beta-testing events provided by game developers and publishers; and to take priority of entry over non-Members at selected EB Games or Zing Pop Culture Product launches.
- 'Welcome to Level V Reward' means an offer from EB Games or Zing Pop Culture to a Member when they achieve Level V status.
- 'New Zealand' means the country of New Zealand.
- 'New Zealand Customer' means a customer who places an order via www.ebgames.com.au for delivery to a New Zealand address.
- 'New Zealand Address' means a delivery address located within New Zealand.
- 'New Zealand Consumer Law' means the Consumer Guarantees Act 1993 (NZ) and the Fair Trading Act 1986 (NZ).
- 'International Delivery' means delivery of products from Australia to a New Zealand Address.
- 'Duties and Taxes' means any customs duties, New Zealand goods and services tax (GST), import charges, fees, or levies imposed by New Zealand authorities in connection with International Delivery.
- 'Restricted Products' means products subject to age restrictions, classification requirements, or other legal limitations, including but not limited to software, games, or content with age based classifications.
- 'New Zealand Customers Section' means Section 21 – New Zealand Customers of these Terms & Conditions.
Return to Top
2. Membership
-
Eligibility
- Membership of EB World is open only to individuals who create an EB World account and transact with EB Games, including purchases made online via www.ebgames.com.au, subject to these Terms.
- Each application for Membership of EB World is subject to acceptance by EB Games or Zing Pop Culture at its absolute discretion.
- To participate in EB World, you must be at least 16 years of age. If you are aged between 16 and 17, you must have the consent of a parent or legal guardian to enrol and participate in EB World. By enrolling and participating in EB World, you confirm that you meet these eligibility requirements.
- Persons aged 16 – 17 will require a guardian to provide an acceptable form of identification to access certain features of the EB World program, and some services provided by EB Games or Zing Pop Culture.
- EB World membership is available to customers located in Australia and New Zealand. Certain benefits, services, or offers may be limited, unavailable, or not enabled depending on the location of the transaction or delivery.
-
Membership Card and Account
- Successful applicants applying instore will be provided with an account number and a physical Membership card with a barcode to correspond with their EB World Membership Level ("Membership Card").
- Successful applicants to EB World applying online via the EB Games or Zing Pop Culture website will be provided with a Membership card with a bar code to correspond with their EB World Membership Account ("Membership Card") at their next instore transaction.
- Active EB World PLUS Membership is a digital membership and appears in the EB World Member’s account online and instore. There is no physical card or alteration to the customer’s existing EB World Level "Membership Card".
- "Members can access their Membership Account via the EB Games or Zing Pop Culture website to check their level of Membership and number of Carrots earned.
- To earn Carrots when completing a transaction at an EB Games or Zing Pop Culture Store, members must present their Membership Card.
- EB World Membership Cards remain the property of EB Games and Zing Pop Culture at all times. The Membership Card is not a payment card.
- The Membership Card is for use only by the Member and is not transferable.
- Carrots have no cash value and are not redeemable for any cash or Product. Carrots are non-transferable.
- In order to replace a damaged/lost/stolen Membership Card, a Member must visit an EB Games or Zing Pop Culture Store.
-
Member Obligations and Responsibilities
- Each Member may have only one EB World account.
- Each Member must advise EB Games or Zing Pop Culture of any change of name, email address, or other details as soon as practicable after the change. Changes to the email address may be made directly through the Member's EB World Profile, by asking EB Games or Zing Pop Culture store staff, or by calling Customer Service. Changes to other details may be made directly through the Member's EB World Profile, or by calling Customer Service.
-
In addition to the obligations set out in the EB Games Terms and Conditions and EB Games Privacy Policy, Members must not:
- act in a way that breaches this Agreement;
- abuse or misuse the EB World Membership or any Membership Benefits;
- engage in illegal or fraudulent activities;
- supply or attempt to supply false or misleading information, or make a misrepresentation to EB Games or Zing Pop Culture; or
- sell, assign, transfer or acquire, or offer to sell, assign, transfer or acquire any Carrots or any other Membership Benefits.
- By creating an EB World account you consent to receive marketing communications by email and/or SMS. You may unsubscribe from the marketing communications at any time. You will be removed from marketing communications within 7 days of unsubscribing.
- EB World Members must not engage in profane, offensive or infringing conduct when using EB World. This specifically includes the Member’s choice of public Nickname.
- The EB Games "Fair Use Policy" applies to EB World Membership Accounts. Actions which are found to be in breach of this Policy include, but are not limited to, where a Member's use of EB Games or Zing Pop Culture services is reasonably considered by EB Games or Zing Pop Culture to be fraudulent or to adversely affect the EB Games or Zing Pop Culture business, including, but not limited to the overuse/abuse of the Satisfaction Returns Policy, and buying and selling Products for commercial gain.
Return to Top
3. Suspension or Termination of Membership or EB World
-
If a Member commits a material breach of any part of this Agreement, EB Games or Zing Pop Culture may, without notice, take any one or more of the following actions:
- suspend or terminate the Member's Membership and/or the right of the Member to use the Membership Card;
- deduct or cancel the Member's Carrots or any part thereof;
- demote a Member to a lower Membership Level; or
- cancel or refuse to honour any Membership Benefits that have been redeemed by or otherwise provided to the Member.
- If a Member does not make a purchase with EB Games or Zing Pop Culture within a 12 month period from their last purchase, EB Games or Zing Pop Culture reserves the right to expire a Member’s Carrots, resetting the Member’s Carrot balance to zero, as well as demoting the Member to Level 1 Membership.
- If an EB World account has had no activity within a 24 month period from their last purchase, EB Games or Zing Pop Culture reserves the right to close and deactivate the account. The transaction history and other information recorded against this account will no longer be available to the Member.
- If a Member uses profane or offensive language or meanings, as evaluated by EB Games or Zing Pop Culture, within their public Nickname, their Nickname may be reset, and/or their account may be suspended or closed.
- If an EB World account is suspected of fraudulent transactions, EB Games or Zing Pop Culture may, at its discretion, suspend or otherwise limit access to the account until the issue has been resolved.
- Suspension or closure of a Member’s EB World account for a Material Breach will result in the forfeiture of any offers and/or promotions available to the Member through the EB World program.
- EB Games and Zing Pop Culture reserves the right to suspend or terminate EB World at any time by providing not less than 30 days’ notice to Members.
Return to Top
4. Newsletters and Promotional Communications
- EB Games, Zing Pop Culture and EB World adhere to the provisions of the SPAM Act 2003 (Cth) and Unsolicited Electronic Messages Act 2007(NZ) for all electronic messaging executed by EB Games, Zing Pop Culture and EB World and sent to our Members.
- Members agree to receive commercial electronic messages consisting of newsletters and promotional communications from EB Games and Zing Pop Culture via email, SMS, or post ("Promotional Material") in accordance with the EB Games and Zing Pop Culture Privacy Policy, the SPAM Act 2003 (Cth) and Unsolicited Electronic Messages Act 2007(NZ).
-
In the event that a Member decides to opt out of receiving Promotional Material from EB Games, Zing Pop Culture and/or EB World, they may do so at any time via the following facilities:
- by visiting their EB World Membership Account and adjusting their preferences accordingly.
- by following the ‘Unsubscribe' link found in commercial email communications.
- by following the ‘Unsubscribe' link or responding to commercial SMS communications with ‘STOP'.
- by contacting the EB Games or Zing Pop Culture Customer Service team.
- In the event that a Member decides to opt out of receiving Promotional Material from EB Games and/or EB World, it may take up to 5 business days for this change to take effect.
- Members agree to consent to receiving essential service communications regarding the state and security of their EB World Member account, as well as service communications regarding the availability of Products purchased by the Member, whether paid for in part or in full, which the Member has not yet taken final delivery of ("Essential Communication"), even if they have chosen to opt out of Promotional Material communications in their EB World Member Account Profile.
- EB Games, Zing Pop Culture and EB World take the utmost care to ensure that Member contact preferences are recorded and applied correctly when communicating with Members. In the event that a Member receives an electronic communication from EB Games, Zing Pop Culture or EB World which the Member deems to be an unsolicited commercial electronic message, EB Games or Zing Pop Culture will, upon being advised by the Member via the EB Games or Zing Pop Culture Customer Service team, make every effort to resolve the issue to the Member's satisfaction within 2 business days.
Return to Top
5. Earning Carrots
- Carrots may be earned on eligible purchases made with EB Games or Zing Pop Culture, including online purchases delivered to New Zealand, subject to these Terms.
- Some exclusions or limitations may apply based on product type, fulfilment method, or delivery location.
- All other provisions of this section continue to apply.
-
Subject to clause 5.5, Carrots may be earned by Members as follows:
- One (1) Carrot will be earned for every dollar spent on new Products at EB Games or Zing Pop Culture. Gift Cards will accrue Carrots when the Gift Card is redeemed, not at point of purchase. Deposits made on Products will not earn Carrots until the Product is purchased in full and the physical Product is received by the Member. There is no limit on Carrots earned in this manner.
- Two (2) Carrots will be earned for every dollar spent on Preowned Products at EB Games. There is no limit on Carrots earned in this manner.
- Two (2) Carrots will be earned for every dollar of credit gained through the trading in of Preowned Products at EB Games. There is no limit on Carrots earned in this manner.
- Twenty (20) bonus Carrots will be earned each time a Member purchases a Game Guarantee Product, in association with any software product, from EB Games. There is no limit on Carrots earned in this manner.
- Twenty (20) bonus Carrots will be earned each time a Member Preorders a non-exclusive edition of a Product from EB Games or Zing Pop Culture. Carrots are credited to the Member's account on completion of the purchase transaction. There is no limit on Carrots earned in this manner. For bonus Carrot eligibility, any box or bundle containing multiple units of the same item (e.g. Trading Card Booster Boxes) is considered a single product.
- Fifty (50) bonus Carrots will be earned each time a Member Preorders any Product EB Games deems to be an "EB Exclusive Edition Product". Carrots are credited to the Member's account on completion of the purchase transaction. There is no limit on Carrots earned in this manner.
- One hundred and fifty (150) bonus Carrots will be earned for 100% completion of the mandatory fields of your EB World Profile. This Carrot bonus can only be earned once.
- Active EB World PLUS members earn double carrots on all transactions.
- EB Games and Zing Pop Culture reserves the right to change, from time to time, the way in which Carrots may be earned.
- In the event that a Member returns a Product to an EB Games or Zing Pop Culture Store, any Carrots earned for the original purchase will be deducted from that Membership Account.
- Carrots will appear in a Member's Carrot balance within 48 hours after a transaction has occurred.
- Members are responsible for ensuring that their Carrots are properly credited. If Carrots do not appear in the Member's Account, the Member should contact EB Games or Zing Pop Culture Customer Service within 30 days of purchase.
Return to Top
6. Membership Levels and Benefits
Membership Levels
- Membership of EB World is divided into five (5) Levels, each entitling Members to different Membership Benefits as set out in clauses 6. - 6.12 ("Membership Level").
- EB Games and Zing Pop Culture reserves the right to change, from time to time, the Membership Levels, the qualifications for joining or remaining at a particular Membership Level, and the Membership Benefits for each Membership Level.
- Membership Level 1 is the entry-level Membership Level.
- Membership Level 2 is awarded to Members who have earned at least 1200 Carrots but less than 4500 Carrots.
- Membership Level 3 is awarded to Members who earn at least 4500 Carrots but less than 9500 Carrots.
- Membership Level 4 is awarded to Members who earn at least 9500 Carrots.
- Membership Level 5 is awarded to Members who are one of the top 9,999 Carrot earners between 1 September and 31 August each year.
Membership Benefits
-
Level I membership entitles a Member to
- 2 Day Preorder Hold Guarantee
- 7 Day Game Guarantee
- 14 Day Gift Guarantee
- Birthday Reward
-
Level II membership entitles a Member to
- 4 Day Preorder Hold Guarantee
- 7 Day Game Guarantee
- 14 Day Gift Guarantee
- 10% Bonus Trade Credit
- Birthday Reward
- Level Up Bonus
-
Level III membership entitles a Member to
- 7 Day Preorder Hold Guarantee
- 7 Day Game Guarantee
- 30 Day Gift Guarantee
- 15% Bonus Trade Credit
- $10 Birthday Voucher
- Level Up Bonus
-
Level IV membership entitles a Member to
- 10 Day Preorder Hold Guarantee
- 10 Day Game Guarantee
- 30 Day Gift Guarantee
- 20% Bonus Trade Credit
- $10 Birthday Voucher
- Level Up Bonus
-
Level V membership entitles a Member to
- 14 Day Preorder Hold Guarantee
- 14 Day Game Guarantee
- 30 Day Gift Guarantee
- 25% Bonus Trade Credit
- $20 Birthday Voucher
- Level V Exclusive Perks
- Welcome to Level V Reward OR Anniversary Reward
- Personalised EB World Card
- Exclusive Facebook Group
- Priority Customer Service Email
Return to Top
7. Progressing through Membership Levels
- The following business day after a Member earns enough Carrots to move up to the next Membership Level, EB Games or Zing Pop Culture will notify the Member of this event.
- Once a member has been notified of a Level Up event, the Member can have their Membership Cards replaced at any EB Games or Zing Pop Culture store.
- In the event that a Membership is inactive for an extended period of time, EB Games or Zing Pop Culture may make administrative changes to the Carrot balance and Membership Level of an account, as outlined in clause 3.
Return to Top
8. Zero Regrets Trade Policy
-
Definitions
- 'we', 'us', and 'our' refer to Electronics Boutique Australia Pty Ltd ACN 077 681 442.
- 'you' refers to the person visiting or using any of our services and includes EB World Members.
- 'EB World Members' means a customer of Electronics Boutique Australia Pty Ltd ACN 077 681 442 who has a Membership Account as details in the EB World Terms and Conditions (https://www.ebgames.com.au/terms)
- 'EB Games Store' means any of the stores operated by Electronics Boutique Australia Pty Ltd ACN 077 681 442.
- 'Preowned' means a game purchased by us from you for an agreed price for the purposes of refurbishment and resale by us.
- 'Zero Regrets Trade Policy' means this policy, as amended from time to time.
-
Disclaimer, Electronics Boutique Terms and Conditions, and Privacy Policy
- This is intended to provide general information with respect to our Zero Regrets Trade Policy, and is to be read in conjunction with our Privacy Policy (https://www.ebgames.com.au/privacy) and our Terms and Conditions (https://www.ebgames.com.au/terms).
-
Terms of Use
- The Zero Regrets Trade Policy is open to all current EB World Members. The Zero Regrets Trade Policy entitles EB World Members to purchase a Preowned game, previously traded, effective from 10 September 2018 onwards, at an EB Games Store which is the same title as a game the EB World Member has previously traded, effective from 10 September 2018 onwards, for the price the EB World Member originally traded it in for, or the current sale price, whichever is lower (subject to any refurbishment costs as set out below).
- You acknowledge that the Preowned game is unlikely to be the exact copy of the game you traded and so may not be in the same condition as the game you traded. The Zero Regrets Trade Policy only applies where the EB Games Store has the relevant Preowned game available for sale. Our staff can also check for available stock in other stores, our warehouse, and through our Home Direct service. Where available, some delivery options may incur a shipping fee. No holds are available for Preowned games you intend to purchase under the Zero Regrets Trade Policy. To be eligible to apply the Zero Regrets Trade Policy to your purchase, you must have been an EB World Member when you traded the corresponding original game and that trade must be recorded in your EB World Member account on our systems.
- We may elect to cease the Zero Regrets Trade Policy at any time without liability to you.
-
Fair Use Policy
-
We reserve the right to refuse to trade in a game or sell you a Preowned game, in our absolute discretion, where:
- we reasonably believe that you are buying or trading games other than for your own personal use (e.g. for commercial gain);
- you have already purchased the relevant Preowned game under the Zero Regrets Trade Policy (whether or not you traded it in again after the previous purchase);
- we reasonably believe that you are taking advantage of the Zero Regrets Trade Policy in ways that are unusual and excessive for the reasonable EB World Member and which may cause us loss or harm;
- the game is unavailable to us.
-
Refurbishment Costs
- We reserve the right to on-charge to you the costs of refurbishment for Preowned games traded in to us, in the event you wish to purchase a Preowned game under the Zero Regrets Trade Policy.
-
Amendments
- We reserve the right to amend, suspend, or terminate the Zero Regrets Trade Policy at any time.
- Trade in related benefits, including the Zero Regrets Trade Policy, apply only where a trade in transaction is completed at an Australian EB Games or Zing Pop Culture store.
-
Liability
- We do not accept liability for any errors in these terms and conditions or in its content. We shall not be liable for any damage whatsoever in contract, tort, equity or otherwise that may result from the use of, or inability to use, the information provided here.
-
Jurisdiction
- These terms and conditions are governed by and construed in accordance with the laws of the State of Queensland, Australia.
-
Copyright and Intellectual Rights
- These terms and conditions are our copyright property. All rights are reserved.
- You do not have our permission to reproduce, adapt or do anything similar with the content of these terms and conditions.
- All rights in these terms and conditions including copyright, design rights, patents, inventions, knowhow, database rights, trade marks, source codes and any other intellectual property rights are reserved to Electronics Boutique Australia Pty Ltd ACN 077 681 442. Any trade names, trademarks, service marks and other product and service names and logos displayed by us are proprietary to their respective owners and are protected by applicable laws. No licence or right of use of any other person or entity’s trade mark displayed is given without express permission. Nothing in these terms and conditions should be construed to suggest otherwise. The logo of Electronics Boutique Australia Pty Ltd ACN 077 681 442 or any notices of proprietary rights on any content may not be used, removed, changed or obscured in any way.
Return to Top
9. EB Care Terms & Conditions
-
EB Games
- Your EB Care Plan is provided by Electronics Boutique Australia Pty Ltd ABN 50 077 681 442, trading as EB Games.
-
If you have any questions or enquiries in relation to your EB Care Plan, you may contact our Customer Service team via telephone, email, or postal mail at:
Address: 25 Backhouse Place, Trade Coast Central, Eagle Farm, QLD 4009 Australia
Telephone: +617 4800 4084
Email: [email protected]
-
EB Games Terms and Conditions, EB World Terms and Conditions and Privacy Policy
- These EB Care Terms and Conditions are to be read in conjunction with our EB Games Terms and Conditions (https://www.ebgames.com.au/terms), EB World Terms and Conditions (https://www.ebgames.com.au/ebworld/about/terms) and Privacy Policy (https://www.ebgames.com.au/privacy).
-
Your EB Care Plan
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- EB Care Plans are only available to members of the EB World loyalty program.
- EB Care Plans are only valid in Australia. EB Care is not available for purchase online and cannot be used or claimed in New Zealand. If purchased while visiting Australia, the EB Care Plan will not apply once you or Covered Item returns to New Zealand.
- Purchasing an EB Care Plan alongside your console, controller, or game ("Covered Item") offers elite protection for your Covered Item for up to 3 years from the date of purchase, depending on the available cover selected by you.
- You can find the term of your selected EB Care Plan for the Covered Item on your original sales receipt, or via your EB World Order History which can be accessed at https://www.ebgames.com.au/ebworld/order-history.
- Your EB Care Plan is non-transferrable and can only be used by you for the Covered Item and upon presentation of your EB World membership details.
-
What is Covered?
- An EB Care Plan covers your Covered Item for faults and failures, including accidental damage.
- Your EB Care Plan entitles you to the repair of your Covered Item by our team of expert technicians, during the term of your selected EB Care Plan.
- We aim to have your Covered Item back to you between 7 and 21 days from the date your Covered Item is accepted at your selected EB Games store, depending on the State or Territory in which the store is located. We will not be liable for any loss or damage if there is a delay in returning the Covered Item.
- Where your Covered Item is deemed irreparable it may be replaced by comparable goods, rather than being repaired. We exercise the right to use refurbished parts to repair or replace the goods at our discretion.
- Repair of your Covered Item may result in loss of any user-generated data stored on the Covered Item. Although every effort to retain user-generated data will be made, unfortunately we cannot guarantee the retention of user-generated data. EB Games is not responsible for any loss of user-generated data stored on the Covered Item.
- Once your Covered Item is returned to your selected EB Games store and you have been notified, you are expected to pick up your Covered Item within 14 days. If you are unable to pick up your Covered Item within 14 days, you must contact your selected EB Games store to make alternative arrangements to pick up your Covered Item.
- Although every reasonable attempt will be made to contact you, if your Covered Item is not picked up within 90 days of initial notification (or attempt thereof), we will make one final attempt to contact you, and then due to space constraints in stores, it will be deemed that you have surrendered your Covered Item.
-
What is not Covered?
-
We may refuse to repair or replace your Covered Item where:
- we reasonably believe that you are taking advantage of your EB Care Plan in ways that are unusual and excessive, and which may cause us loss or harm;
- we reasonably believe that you are using the Covered Item for anything other than for your own personal use (e.g. for commercial gain);
- faults or failures are caused by reckless, abusive, wilful, intentional or repeated conduct, or any use of the Covered Item in a manner not normal or intended for its purpose;
- the Covered Item has been opened, serviced, modified (including upgrades and expansions), installed or altered in a manner not normal or intended for its purpose by anyone other than an authorised repairer on behalf of the manufacturer or our EB expert technicians;
- faults or failures are caused by fire, earthquake, flood, or other similar external causes.
- We will not repair or replace your Covered Item where the Covered Item is lost or stolen.
- Repairs completed by EB Games are deemed third-party and may, at the manufacturer’s discretion, void any warranty against manufacturer’s faults. Where a manufacturer’s warranty is applicable to the Covered Item requiring repair EB Games is not responsible for a customer forfeiting a claim against said warranty.
- We reserve the right to refuse to repair or replace your Covered Item, in our absolute discretion. The above does not exclude your statutory rights under the Australian Consumer Law.
-
What you must do to entitle you to claim under your EB Care Plan
- In order to be entitled to receive service or support under your EB Care Plan for your Covered Item, you must return the Covered Item to an EB Games store during the term of your selected EB Care Plan.
-
To receive service or support under the EB Care Plan, you agree to:
- be a member of the EB World loyalty program for the duration of the term and provide your EB World membership details;
- provide information to assist with locating your proof of purchase of your Covered Item and related EB Care Plan;
- provide information about the symptoms and causes of the issues with the Covered Item; and
- follow instructions or directions we give you.
-
Liability
- Except in relation to liability for personal injury (including sickness and death), and subject to any non-excludable statutory liability, the liability of EB Games for damages in respect of any act or omission of EB Games in connection with its obligations under these Terms and Conditions will not exceed the original price paid by you for this EB Care Plan or the value of any Covered Item.
- Subject to the below, any condition or warranty which would otherwise be implied in these Terms and Conditions is excluded.
-
The Liability of EB Games for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51 to 53 of the Australian Consumer Law) is limited in the case of goods, to any one of the following as determined by EB Games:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
-
in the case of the services provided to you under the EB Care Plan, to any one of the following as determined by EB Games:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
-
Amendments
- From time to time we may update, vary, or amend our Terms of EB Care. We will provide you with written notice of any changes to our Terms and you agree to be bound by those amendments 14 days after you receive notice of them.
- We also reserve the right to terminate EB Care Plan during the term of your selected EB Care Plan. If we intend to terminate EB Care, we will provide you with reasonable notice of any termination and refund to you a proportion of your fees paid for EB Care, reflecting (but for the termination) what would have been the remainder of your selected term of EB Care plan.
-
Jurisdiction
- These Terms and Conditions are governed by and construed in accordance with the laws of the State of Queensland, Australia.
- The benefits provided to you by your EB Care Plan are in addition to other rights and remedies available to you under a law in relation to the Covered Item.
Return to Top
10. EB Protect Terms & Conditions
-
EB Games
- Your EB Protect Plan is provided by Electronics Boutique Australia Pty Ltd ABN 50 077 681 442, trading as EB Games.
- If you have any questions or enquiries in relation to your EB Protect Plan, you may contact our Customer Service team via telephone, email, or postal mail at:
Address: 25 Backhouse Place, Trade Coast Central, Eagle Farm, QLD 4009 Australia
Telephone: (07) 4800 4084
Email: [email protected]
-
EB Games Terms and Conditions, EB World Terms and Conditions and Privacy Policy
- These EB Protect Terms and Conditions are to be read in conjunction with our EB Games Terms and Conditions (https://www.ebgames.com.au/terms), EB World Terms and Conditions (https://www.ebgames.com.au/ebworld/about/terms) and Privacy Policy (https://www.ebgames.com.au/privacy).
-
Your EB Protect Plan
- Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
- EB Protect Plans are only available to members of the EB World loyalty program.
- EB Protect Plans are only valid in Australia and are governed by Australian Consumer Law. EB Protect cannot be purchased online in New Zealand and cannot be used or claimed in New Zealand. If purchased while visiting Australia, the EB Protect Plan will not apply once you or the Covered Item returns to New Zealand.
- Purchasing an EB Protect Plan alongside your console, controller, or game ("Covered Item") offers elite protection for your Covered Item for up to 2 years for consoles and controllers, or 1 year for games, from the date of purchase.
- You can find the term of your selected EB Protect Plan for the Covered Item on your original sales receipt, or via your EB World Order History which can be accessed at https://www.ebgames.com.au/ebworld/order-history.
- Your EB Protect Plan is non-transferrable and can only be used by you for the Covered Item and upon presentation of your EB World membership details.
-
What is Covered?
- An EB Protect Plan covers your Covered Item for faults and failures, including accidental damage.
- Your EB Protect Plan entitles you to the repair of your Covered Item by our team of expert technicians, during the term of your selected EB Protect Plan.
- We aim to have your Covered Item back to you between 7 and 21 days from the date your Covered Item is accepted at your selected EB Games store, depending on the State or Territory in which the store is located. We will not be liable for any loss or damage if there is a delay in returning the Covered Item.
- Where your Covered Item is deemed irreparable it may be replaced by comparable goods, rather than being repaired. We exercise the right to use refurbished parts to repair or replace the goods at our discretion.
- Repair of your Covered Item may result in loss of any user-generated data stored on the Covered Item. Although every effort to retain user-generated data will be made, unfortunately we cannot guarantee the retention of user-generated data. EB Games is not responsible for any loss of user-generated data stored on the Covered Item.
- Once your Covered Item is returned to your selected EB Games store and you have been notified, you are expected to pick up your Covered Item within 14 days. If you are unable to pick up your Covered Item within 14 days, you must contact your selected EB Games store to make alternative arrangements to pick up your Covered Item.
- Although every reasonable attempt will be made to contact you, if your Covered Item is not picked up within 90 days of initial notification (or attempt thereof), we will make one final attempt to contact you, and then due to space constraints in stores, it will be deemed that you have surrendered your Covered Item.
-
What is not Covered?
- We may refuse to repair or replace your Covered Item where:
- we reasonably believe that you are taking advantage of your EB Protect Plan in ways that are unusual and excessive, and which may cause us loss or harm;
- we reasonably believe that you are using the Covered Item for anything other than for your own personal use (e.g. for commercial gain);
- faults or failures are caused by reckless, abusive, wilful, intentional or repeated conduct, or any use of the Covered Item in a manner not normal or intended for its purpose;
- the Covered Item has been opened, serviced, modified (including upgrades and expansions), installed or altered in a manner not normal or intended for its purpose by anyone other than an authorised repairer on behalf of the manufacturer or our EB expert technicians;
- faults or failures are caused by fire, earthquake, flood, or other similar external causes.
- We will not repair or replace your Covered Item where the Covered Item is lost or stolen.
- Repairs completed by EB Games are deemed third-party and may, at the manufacturer’s discretion, void any warranty against manufacturer’s faults. Where a manufacturer’s warranty is applicable to the Covered Item requiring repair EB Games is not responsible for a customer forfeiting a claim against said warranty.
- We reserve the right to refuse to repair or replace your Covered Item, in our absolute discretion. The above does not exclude your statutory rights under the Australian Consumer Law.
-
What you must do to entitle you to claim under your EB Protect Plan
- In order to be entitled to receive service or support under your EB Protect Plan for your Covered Item, you must return the Covered Item to an EB Games store during the term of your selected EB Protect Plan.
- To receive service or support under the EB Protect Plan, you agree to:
- be a member of the EB World loyalty program for the duration of the term and provide your EB World membership details;
- provide information to assist with locating your proof of purchase of your Covered Item and related EB Protect Plan;
- provide information about the symptoms and causes of the issues with the Covered Item; and
- follow instructions or directions we give you.
-
Liability
- Except in relation to liability for personal injury (including sickness and death), and subject to any non-excludable statutory liability, the liability of EB Games for damages in respect of any act or omission of EB Games in connection with its obligations under these Terms and Conditions will not exceed the original price paid by you for this EB Protect Plan or the value of any Covered Item.
- Subject to the below, any condition or warranty which would otherwise be implied in these Terms and Conditions is excluded.
-
The Liability of EB Games for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51 to 53 of the Australian Consumer Law) is limited in the case of goods, to any one of the following as determined by EB Games:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
-
in the case of the services provided to you under the EB Protect Plan, to any one of the following as determined by EB Games:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
-
Amendments
- From time to time we may update, vary, or amend our Terms of EB Protect. We will provide you with written notice of any changes to our Terms and you agree to be bound by those amendments 14 days after you receive notice of them.
- We also reserve the right to terminate EB Protect Plan during the term of your selected EB Protect Plan. If we intend to terminate EB Protect, we will provide you with reasonable notice of any termination and refund to you a proportion of your fees paid for EB Protect, reflecting (but for the termination) what would have been the remainder of your selected term of EB Protect plan.
-
Jurisdiction
- These Terms and Conditions are governed by and construed in accordance with the laws of the State of Queensland, Australia.
- The benefits provided to you by your EB Protect Plan are in addition to other rights and remedies available to you under law in relation to the Covered Item
Return to Top
11. Governing Laws and Disclaimer
- These Terms are governed by and construed in accordance with the laws of Australia.
- We recommend that you regularly check for any amendments to this Agreement posted online at www.ebgames.com.au. Continued membership of EB World after these revised Terms have been posted signifies your acceptance and agreement to be bound by the revised Terms.
- Any provision of this Agreement which is or becomes unenforceable in any jurisdiction will be ineffective without invalidating any other provision of this Agreement, and such unenforceability will not invalidate that provision in any other jurisdiction.
- This Agreement contains the whole of the agreement between the parties, and all warranties whether expressed or implied which are not contained in this Agreement are specifically excluded from it to the maximum extent permitted by law.
- The trade laws for the State in which the Member is transacting must be adhered to when trading.
- EB Games or Zing Pop Culture shall not be liable for any indirect, incidental, special, consequential or exemplary damages.
- Nothing in these Terms excludes, restricts, or modifies any rights or remedies available to customers under New Zealand consumer law in relation to purchases delivered to New Zealand that cannot lawfully be excluded.
Return to Top
12. EB World PLUS
- EB World PLUS is a paid membership available to all EB World members, offering enhanced benefits in addition to those provided by their current EB World level.
- EB World PLUS membership and associated benefits are available to eligible EB World members, including customers shopping online with delivery to New Zealand.
- Some EB World PLUS benefits, offers, or services may be limited, unavailable, or not enabled for purchases delivered to New Zealand.
- All other EB World PLUS terms continue to apply.
- Membership options:
- 3 Months
- 12 Months
- To purchase an EB World PLUS membership, you must be an active EB World member with a valid email address.
- EB World PLUS membership can be purchased at any EB Games or Zing Pop Culture store or online.
- Only 1 active EB World PLUS membership may be purchased per EB World account.
- Active EB World PLUS members can extend their membership by purchasing an additional membership instore, which extends the membership expiry date by the duration of the new membership.
- Purchasing an EB World PLUS membership does not alter your current EB World level.
- Upon expiration of the EB World PLUS membership, members retain their existing EB World level.
- Please choose carefully when purchasing EB World PLUS as change of mind refunds will not be provided.
- EB World PLUS membership includes the following benefits available only during membership period:
- Buy 10 get 1 free:
- Trading Card Games (TCG) Boosters
- Individual standard TCG boosters count towards 10 items
- The free item can be any individual booster up to $15
- Pop! Vinyls
- All Pop! Vinyls count towards 10 items, excluding
- Pop! Vinyl Accessories
- Soda Pop
- Popsie & Bitty
- Multi-pack Pop! Vinyls count as 1 item
- The free item can be any Pop! Vinyl up to $30
- Clothing
- Any of the following clothing products count towards the 10 items: T-shirts, polos, short-sleeved shirts, oversized blanket hoodies, hoodies, zip-up hoodies, jackets, jumpers, trackpants, hype jerseys, football jerseys, basketball jerseys and baseball jerseys.
- The free item can be any clothing product from the above list, valued up to $70
- Socks
- All single pair socks count towards 10 items (includes standard & fleece varieties)
- The free item can be any pair of socks up to $10
- Upon the purchase of 10 qualifying items from the same category, the PLUS member is entitled to 1 free item from the same category. After redeeming the free item, the purchase counter for that specific category resets to zero. PLUS members must then purchase another 10 qualifying items within the same category to be eligible for another free item.
- To qualify for the free item, PLUS members must purchase 10 qualifying items from the same category.
- Any free item selected does not include free shipping.
- The free item has no cash value and cannot be exchanged for cash or credit.
- The purchase count and free item offer cannot be transferred between different categories or to another EB World PLUS member’s account.
- The qualifying purchases must be made within the active membership period to count towards the free item offer. Purchases made outside the membership period do not qualify.
- Tallies for all "Buy 10, Get 1 Free" benefits and any unclaimed free items will roll over to a new membership if purchased within 30 days of the membership’s expiration. If a new membership is not purchased within a 30 day period after expiration, the tally for all "Buy 10, Get 1 Free" will reset to 0.
- 5% off digital currencies and content
- Includes Nintendo eShop, Nintendo Switch Online, PlayStation Store Gift Card, Xbox Game Pass, Xbox Gift Card, Roblox Gift Card, Fortnite V-Bucks and digital games
- Excludes EB Games and Zing Pop Culture Gift Cards. Excludes Code-In-a-Box Games
- 5% extra Trade Value.
- The trade values by level, including the EB World PLUS extra value, are as follows:
- Level 1 with PLUS 5% Bonus Trade Credit
- Level 2 with PLUS 15% Bonus Trade Credit
- Level 3 with PLUS 20% Bonus Trade Credit
- Level 4 with PLUS 25% Bonus Trade Credit
- Level 5 with PLUS 30% Bonus Trade Credit
- Double Carrots
- 1 Free Gift, valid with 12 month membership
- Gift must be collected instore or selected online at time of purchase
- Gift cannot be redeemed at a later date.
- Gift selected online does not include free shipping.
- Gift product and RRP may vary and is not exchangeable for cash or credit.
- Gift provided is at the discretion of EB Games, Zing Pop Culture and its staff.
- All other EB World Terms & Conditions listed above are also applicable for EB World PLUS members.
- EB World PLUS preorder pricing:
- Customers must hold an active EB World PLUS membership at the time of preorder and product release to qualify for the EB World PLUS preorder price.
- If the release date changes and falls outside the customer’s membership period, EB Games will honour the preorder price. Valid only for personal use.
- Access to EB World PLUS deals and offers
- EB World PLUS deals and special offers are available only to active PLUS members. To access these offers, your membership must be active at the time of purchase.
- Certain deals and offers may be limited to 12-month members or specific membership tiers. Details of these offers, including eligibility, will be outlined within the promotion.
- EB Games reserves the right to modify or discontinue offers at any time.
- EB World trade deals:
- EB World PLUS Trade deals are available only to active PLUS members. To access the trade deals, your membership must be active at the time of preorder and/or purchase. Deals and special offers are available only to active PLUS members. To access these offers, your membership must be active at the time of purchase.
- EB World PLUS refunds and returns
- If a refund or return exceeds the value of redeemed free items, the EB World PLUS tracker may deduct an equivalent number of claimed free items from your member account.
Return to Top
If you have any questions in relation to EB World, please contact your nearest EB Games or Zing Pop Culture Store or EB Games Customer Service.