Terms and conditions
Please read these terms carefully. They govern your use of the ebgames.com.au website and your purchase of products from this website. They exempt EB Games and other persons from liability or limit their liability, and contain other important provisions.
1. Your acceptance and agreement to these terms
These Terms are an agreement between you (or any entity you represent) and Electronics Boutique Australia Pty Ltd. ABN 50 077 681 442 ("EB Games” or “we”). They govern your access to and use of EB Games‘ ebgames.com.au website (the "Website"). These Terms also may refer to and benefit EB Games‘ affiliates, service providers, suppliers and other persons.
Each time you use our Website you have agreed to be bound by these Terms as they then read. You represent and warrant that you have the legal authority to agree to and accept these Terms on behalf of yourself and any person or entity you claim to represent. If you do not agree with these Terms, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations.
2. Changes to these terms; termination
We may change these Terms from time to time by posting revised Terms on the Website. Your use of the Website after these revised Terms have been posted signifies your acceptance and agreement to be bound by the revised Terms. EB Games may in its discretion at any time immediately terminate, temporarily or permanently, these Terms or your permission to access and use the Website.
3. Ownership; your use of the website
The Website (including all content, graphics, and other intellectual property and elements incorporated into the Website) is the property of EB Games and/or others, and is protected by Australian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
The Website may not be used for unlawful or commercial purposes; it is for your lawful, personal use only. You may use the Website only as expressly permitted in these Terms and subject to all applicable laws. The Website and its content may not be copied, reproduced, modified or distributed in any way without the express prior written consent of EB Games. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with these Terms.
You may use the Website only if you are a resident of Australia, have reached the age of 15 and you can form legally binding contracts under applicable law. EB Games may request proof of identification and age (for example, proof of your ability to purchase certain games). We ship products only to addresses in Australia.
4. Registered users; protecting login information
Certain areas and features of our Website are available only to registered users. If you register as a user, you will be issued a login name and password by EB Games. Although EB Games has no obligation to verify the actual identity or authority of any person registering to use the Website, EB Games may in its discretion require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or refuse to accept or act upon any communication from a user.
If you have been issued a login name and password, you should not disclose your login name or password to any other person or let any other person use your login information. You are fully responsible and liable for the security of your login information and any and all use and misuse of such information. If you believe that your login information has been lost or stolen or become known to or used by any other person, you will immediately notify EB Games by telephone 13 39 30 or by email to: [email protected]
5. Use and ownership of user provided content
If you provide EB Games with any unsolicited ideas or suggestions, or post any content on the Website, you (i) represent and warrant that you are the owner or creator of such content (or have received permission from the owner or creator to make such submissions or postings subject to the Terms), and (ii) grant to EB Games, its successors, assigns and licensees, a worldwide, perpetual, royalty-free, irrevocable, unrestricted, nonexclusive, assignable, sub licensable, right and license to use and exploit such submissions or content for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of EB Games or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in such submissions and/or content are waived in favor of EB Games and its successors, assigns and licensees.
6. Accuracy of information you provide to EB Games
All information you provide to EB Games through this Website, including registration information, payment information, and transaction-related information, must be true, accurate and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, EB Games or any other person may incur as a result of you providing any false, incorrect or incomplete information, or if you fail to update your registration information and payment information within 30 days of any change.
EB Games™, the ebgames.com.au logo and other names and logos that are used on our Website (the "Marks") are registered or unregistered trademarks, service marks, trade names and logos owned or licensed by EB Games or their respective owners or licensees. Any use of the Marks (other than as permitted by these Terms) is prohibited. Nothing in this Website shall grant, or is intended to grant, any license or right to use any of the Marks.
8. No linking, framing, mirroring, scraping, data-mining or unauthorized postings
Linking to the Website without the prior written permission of EB Games is prohibited. If you desire to link to our Website, you may send an email to [email protected] requesting such permission. EB Games may in its discretion deny or revoke any permission it may give to link to the Website at any time and without any notice or liability.
The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments or any other information of any kind to or on the Website that would be visible to any other users, except in connection with the use of EB Games forums or other Website locations intended for such comments and hosted by EB Games.
EB Games may make contests available to users of the Website and others. All contests are governed by these Terms and the applicable contest rules. By participating in a contest through the Website, you are agreeing to these Terms and the applicable contest rules.
You agree that your access to, and use of, this site is subject to these terms and all applicable laws, and is at your own risk. This site and its contents are provided to you on “as is” basis, the site may contain errors, faults and inaccuracies and may not be complete and current.
EB Games makes no representations or warranties of any kind, express or implied as to the operation of this site or the information, content, materials or products included on this site, except as otherwise provided under applicable laws.
Neither EB Games, nor its affiliates, directors, officers, employees, agents, contractors, successors or assigns will be liable for any damages whatsoever arising out of, or in any way related to, the use of this site and any other site linked to this site. This limitation applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.
EB Games cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release EB Games entirely of all responsibility for any consequences of its use.
We will never knowingly send you electronic messages without your consent.
Cookies are small pieces of information that your browser stores on your computer hard drive.
If you disable cookies on your web browser, you may not be able to fully experience all features of the EB Games web page.
12. Links to other websites/resources
Our Website may include links to other Internet websites or resources, and to businesses operated by other persons. These other websites are not operated or controlled by EB Games. Accordingly, EB Games is not responsible for, and will have no liability for, these other websites, their business, goods, services, or content. If you link to or use any of these other websites, your dealings with the owners or operators of these websites is at your own risk, and you agree that you will not make any claim against EB Games arising from your use of any of these other websites.
13. Governing law and dispute resolution
These Terms, your access to and use of the Website, and all related matters are governed solely by the laws of Queensland, Australia and applicable federal laws of Australia. Any dispute between you and EB Games or any other person arising from, connected with or relating to the Website, these Terms, or any related matters (collectively “Disputes”) will be resolved before the Courts of Queensland, sitting in Brisbane, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
14. Other matters
All prices are in Australian Dollars.
If any provision of these Terms is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms and the remaining provisions will continue in full force and effect.
These Terms enure to the benefit of and are binding upon each of EB Games and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign any rights or obligations that you have under these Terms. EB Games may assign its rights and obligations under these Terms without your consent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
Any rights not expressly granted by these Terms are reserved to EB Games.
15. EB GAMES Contact Information
You may contact EB Games by telephone, email, or postal mail:
Electronics Boutique Australia Pty Ltd.
ABN 50 077 681 442
25 Backhouse Place
Trade Coast Central
Eagle Farm, QLD 4009 Australia
Telephone: + 61 73860 7777
Facsimile: + 61 73860 7710
16. Purchase terms and conditions – these terms and conditions are part of the terms and conditions of use.
If Electronics Boutique Australia Pty Ltd. (“EB Games” or “we”) has your product(s) in stock, we will email you a shipping and payment notice confirming that the items have shipped and are en-route to you and that your credit card has been charged; that notice is our acceptance of your order. In-stock orders (excluding special delivery items) normally ship within 2 business days of placing your order. Back-Order orders will ship once the item is back in stock. We will send you the shipping notice once the item is back in stock and has been shipped. How soon you receive the product(s) depends on the shipping method you have chosen. EB Games ships through the Australia Post eParcel service, and customers may choose Standard or Express Shipping, at the charges shown on EB Games‘ order form.
You may contact us at:
Electronics Boutique Australia Pty Ltd.
ABN 50 077 681 442
25 Backhouse Place
Trade Coast Central
Eagle Farm, QLD 4009 Australia
Telephone: + 61 73860 7777
Facsimile: + 61 73860 7710
16.2 Acceptance of orders
We may limit quantities available for sale or sold, and we reserve the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If the price of any product you order was incorrectly displayed on our Website, we will provide you with an opportunity to place an order at the correct price assuming such product is available.
Advertisements on our Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. Your properly completed and delivered order information constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only if and when we send an email shipping notice to your email address. That shipping and payment notice email constitutes our acceptance of your order and forms a legally binding contract with Electronics Boutique Australia Pty Ltd., which operates ebgames.com.au. The total price of your order will be charged to your credit card when our shipping and payment notice email has been sent to your email address.
Orders that cannot be filled at the same time, i.e., preorder or backorder products, will be treated as separate orders and billed separately. Reservation deposits will be taken for any pre-ordered products, and applied when the products are shipped to the full purchase price, which will be charged to you at time of shipment. If an order cannot be filled because the product is not available for shipment, customer service will notify you and you will be given the option to change, cancel the order or wait for the missing stock to be shipped.
If you wish to cancel an order, you may request a cancellation by calling 13 39 30. However, if we are not able to receive and process your cancellation request before we accept and ship your order, your cancellation request may not be effective.
It is a requirement that all orders intended for delivery within Australia be placed from within Australia.
If an order is placed outside of Australia or is placed using a credit card with a billing address outside of Australia then it is considered an overseas transaction.
We retain the right to either approve or deny any overseas transaction at our discretion.
All orders placed undergo an internal order verification process. During this process an order may be approved or denied at our discretion.
16.3 Pick Up @ Store
Pick Up @ Store is only available for selected products and from selected locations as shown on our Website. During the ordering process, you need to select a store from which you will collect the order. At the time you place your order, our Website will show an estimated collection timeframe until your order is available for collection. You will receive notification via email when your order is ready for collection for in-stock products, and notification via SMS for preorder products (if you provide a mobile phone number at time of ordering).
A valid email address and telephone number must be provided to use Pick Up @ Store.
We will aim to have your order ready for collection by the estimated collection timeframe. We will not be liable to you or any other person for any delay. In this instance, we will provide you with notice of such delay as soon as reasonably possible.
In certain circumstances, your order may be rejected, including but not limited to where the requested product is not available at the selected store. If we reject an order for products placed through our Website, we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.
If you fail to collect your Pick Up @ Store order within 6 weeks after you receive notification that the order is available for collection, we may cancel the order.
You agree to comply with certain collection requirements specified below and any other requirements that we notify to you when you place your order through our Website or notified prior to collection:
- you must collect your order from the store selected by you when you place your order;
- photographic identification and a signature, and where requested, proof of age, must be provided when you collect your order; and
- the email order confirmation for your order must be shown when you collect your order.
Only the person on order can collect. If you will not be the person collecting your order then you must nominate your representative who will be collecting your order by providing their details to the collecting store at the time your order is placed. Your representative must provide us at the time of collection with proof of their identity (including photographic identification) and, where relevant, age, and the confirmation or receipt for your order and such other verification reasonably requested by us. By nominating an alternate person to collect the order for you, you acknowledge and agree that that person is authorised by you to collect your order.
We will not allow a Restricted Product to be collected by a person who is unable to prove that he or she is over the required age as prescribed by law or as otherwise set out in these terms and conditions.
You acknowledge that we may record the details of any identification provided in relation to collection of products.
17. Online policies – These policies apply to online sales transactions and are part of the Terms and Conditions of Use
17.1 Methods of payment
You can pay for any purchase you make online by using your MasterCard or VISA card, provided it was issued in Australia.
17.2 Ordering Restricted Goods
“Restricted Goods” means products which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age.
Sale of Restricted Goods is subject to various Commonwealth, State and Territory laws. By placing an order for any Restricted Goods you warrant to Electronics Boutique Australia Pty Ltd that you are:
- 18 years of age or older, where you order products that are classified R18+;
- 15 years of age or older, where you order products that are classified MA15+.
When placing an order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.
We may request Commonwealth, State, or Territory issued identification from you to verify your eligibility to order Restricted Goods.
17.3 Advertising rebate policy
Any applicable taxes are calculated and payable on the price before applying the rebate. Postage must be paid on mail-in rebates. EB Games is not responsible for manufacturer mail-in rebates.
Delivery is subject to warehouse availability. Back-Order items will be shipped as soon as possible, upon arrival from the manufacturer/publisher. Please take shipping time into consideration.
18. Consumer Guarantees
If you believe an item is faulty, you may have rights to a remedy under the Australian Consumer Law. These rights are not impacted by the change of mind policy or limited by a defined timeframe. However the Australian Consumer Law does recognise that the relevant time period may vary by product (or service) depending on the nature of the goods (or service), the price paid and any representations made about the goods (or service).
Where you believe an item is faulty, it may be necessary for us to send your goods to the manufacturer or their service agent for it to be assessed within a reasonable period of time. If there is a major failure with the item, you may choose a refund, exchange or repair. If the failure is minor, we will repair the item (or, at our discretion, we may replace the item) within a reasonable time. Where an item is damaged through misuse or abnormal use, EB Games cannot provide a refund, exchange or repair, whether the fault is identified by EB Games, the manufacturer or their service agent. EB Games will require satisfactory proof of purchase before providing a remedy under the Australian Consumer Law.
18.1 Change of mind
If you have simply changed your mind and you are able to provide a valid receipt, or you are a member of our loyalty program EB World, EB Games may offer you an exchange or refund provided that the merchandise:
- is in saleable condition
- is unworn or unused with all original packaging and content included
- is not subject to the exclusions listed below
and the exchange or refund is sought within 7 days of purchase. At times throughout the year, EB Games may extend the 7 day period to allow for gift giving periods such as Christmas.
If you are unable to provide a valid receipt and/or 7 days has passed since the original purchase date, EB Games at its absolute discretion reserves the right not to offer an exchange or refund for change of mind. In such cases, EB Games may, at its absolute discretion, provide you with an exchange to the current value of the merchandise.
EB Games is not required to provide you with a copy of your original receipt to facilitate an exchange, refund, insurance or warranty claim.
Please choose carefully when purchasing the following merchandise as change of mind returns will not be provided on the below merchandise.
- Gift Cards, iTunes music cards and other digital cards
- Head phones and ear phones
- Online games or products requiring an activation code