Terms and conditions
Please read these terms carefully. They govern your use of the ebgames.co.nz 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.co.nz 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 New Zealand 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 New Zealand, have reached the age of 18 and you can form legally binding contracts under New Zealand 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 New Zealand.
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 0800 EBGAMES (3242637) 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.
7. Errors and product availability; offers to purchase
Errors, misprints and omissions (including incorrect prices, descriptions or specifications for products) may sometimes occur. EB Games does not guarantee that products and services advertised on our Website will be available when ordered or thereafter. EB Games makes no warranty that the content of the Website, including product descriptions or photographs, is accurate or complete.
EB Games may at any time, without any prior notice or liability to any Website user (a) correct any error, inaccuracy or omission; (b) change the products and services available on the Website, or the prices, fees, and specifications of such products and services, or any promotional offers and any other Website content; (c) reject, correct, cancel or terminate any order, including accepted orders, for any reason and (d) limit quantities available for sale.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in New Zealand dollars.
If we make an error in the description of a product or offer on our website, we may correct or remove the product or offer description at any time. In the event that a product or offer is mispriced or made in error, we reserve the right to refuse the offering and withdraw any advertising relating to the offer or product. Any products or offers that are advertised on our website are strictly for offer on our website and will only be honoured within our stores at our discretion.
EB Games™, the ebgames.co.nz 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.
9. 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.
11. Disclaimers, liability exclusions/limitations on liability and indemnity
Your access to and use of the website is at your own risk. Subject to this clause 11, the website is provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by EB Games to the fullest extent permitted by law.
Subject to this clause 11, to the fullest extent permitted by law EB Games and its providers will never be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the website or these conditions of use including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory of law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by EB Games or any person for whom EB Games is responsible, and even if EB Games has been advised of the possibility of such loss or damage being incurred.
Acknowledgement and exclusion by statute
The exclusion of certain warranties and the limitation of certain liabilities is prohibited in some situations under New Zealand law (in particular, under the Consumer Guarantees Act 1993 (CGA)). These statutory prohibitions may apply to you.
The CGA implies certain non-excludable warranties into contracts for the supply of goods or services to a consumer. This clause 11 does not limit such non-excludable warranties where they are implied into these terms.
13. 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.
14. 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 New Zealand. 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 New Zealand, sitting in Auckland, and you hereby irrevocably submit to the original and exclusive jurisdiction of those courts in respect of all Disputes.
15. Other matters
All prices are in New Zealand 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.
16. 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
Unit E, 28a Verissimo Drive
Airport Oaks, Mangere
Auckland, 2022 New Zealand
Telephone: 0800 324 2637
Facsimile: 09 2562144
17. 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 CourierPost New Zealand, and the charges for this service shown on EB Games‘ order form.
You may contact us at:
Electronics Boutique Australia Pty Ltd.
ABN 50 077 681 442
Unit E, 28a Verissimo Drive
Airport Oaks, Mangere
Auckland, 2022 New Zealand
Telephone: 0800 324 2637
Facsimile: 09 2562144
17.2 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.co.nz. 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 0800 EBGAMES (3242637). 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 New Zealand be placed from within New Zealand.
If an order is placed outside of New Zealand or is placed using a credit card with a billing address outside of New Zealand 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.
17.3 Refunds and returns
Subject to clause 17.4, if for any reason you are not completely satisfied with a product you have purchased, we will provide you with a refund (except for certain items described below) or exchange if you return it to any EB Games store in New Zealand within 7 days after you receive it in its original condition (including all packaging, accessories and manuals). For your convenience, we also accept returns by mail: please call 0800 EBGAMES (3242637) to find out how to make a return by mail. Your electronic invoice is required for both in-store and mail returns. In the event that a returned order has any packaging, manuals, accessories, blank warranty cards or other items missing, the return may be refused, or we may deduct the value of any of the missing items. Shipping charges are non-refundable; however, we will refund your original shipping cost if you are returning a defective item, or because of an error on our part. Due to copyright laws, computer and game console software, music CDs, DVDs and videos in opened packages may only be exchanged for the same item.
17.4 Statutory Rights
Except as set out in the second paragraph of this clause 17.4, nothing in these terms and conditions limits or excludes your rights under the CGA.
If you are acquiring, or hold yourself out as acquiring, goods or services for the purposes of a business in terms of section 43(2) of the Consumer Guarantees Act 1993 (CGA), the provisions of the CGA will not apply and you will not assert or attempt to assert any rights or claims against EB Games under the provisions of the CGA.
17.5 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.
18. Online policies – These policies apply to online sales transactions and are part of the Terms and Conditions of Use
18.1 Methods of payment
You can pay for any purchase you make online by using your MasterCard or VISA card, provided it was issued in New Zealand.
18.2 Exchanging or returning products purchased online
When you receive your package, you should examine it closely before opening the factory sealed product packaging to determine that it is what you ordered. If you are not satisfied with your order, you may exchange or return your product at any EB Games retail store in New Zealand. We also accept returns by mail for orders that were shipped directly to you. Please contact EB Games 0800 EBGAMES (3242637) to arrange an exchange or return. The returned product should be returned in the same condition as when you purchased it, with all manuals, accessories, and the packing slip.
We would be pleased to exchange or give you a refund in-store on most items you buy online, up to 7 days after your receive your order.
Items purchased online, but picked up in a store, can only be returned to one of our stores with the sales receipt provided at the time of the pickup.Subject to clause 17.4,:
- due to copyright laws, computer and game console software, music CDs, DVDs and videos in opened packages may only be exchanged for the same item;
- all products (whether defective or non-defective) must be returned in their original purchase condition, with the original packing material, blank warranty cards, manuals and any other item or accessory provided by the manufacturer; and
- if a returned order has items missing, the order may be refused, or the value of the missing materials may be deducted from the total credit amount.
Shipping and handling (S&H) charges are non-refundable; however, we will refund your original shipping cost if you are returning a defective item, or because of an error on our part.
On purchases made with a credit card, the same card used to make the purchase will be credited with the refund. The credit will be made within 7 business days of us receiving and verifying the returned merchandise.
18.3 Purchasing by children under 18 years old
For the protection of our shoppers, it is our policy to not sell online to persons under 18 years of age. If you are under 18, and wish to purchase from our online store, please have a parent or legal guardian make the purchase for you.
18.4 Errors and misprints
If we make an error, we may correct or cancel an order at any time, and/or edit an order to reflect the correction (you will have the right to approve or confirm any increase in price or shipping charges), and/or correct the error on our Website. In the event that you are shipped an incorrect product, we will accept the return of the unit and provide you with a refund.
If we discover that a product‘s description or specifications are misstated or incorrect, we will endeavor to correct the error.
18.5 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.