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These Terms & Conditions may be subject to change without notice. If you do not fully understand these terms & conditions please seek independent legal advice.
Promotions & Prizes
Games from Everywhere offers free Gifts and Promotional Prizes and Discounts from time to time. Entry and eligibility is determined by the conditions stated in the promotion. Prizes are given away at the sole discretion of Games from Everywhere and according to availability. Winners are selected at random and all draws, discounts, specials and competitions are perpetual and continuing unless ottherwise stated.
General Terms
1) Acceptance of Quotation or Offer - Any quotation or offer made by games from everywhere and accepted by the buyer does not constitute a binding contract. Contracts become binding only when confirmed by an invoice or in writing confirming the agreement between the buyer and games from everywhere. The quotation, order, invoice and written acceptance supplied by games from everywhere shall constitute the whole agreement and all representations, warranties, conditions, and liabilities (statutory or otherwise) not contained therein are expressly excluded. Prices, quantities and deliveries quoted are contingent on the buyer giving games from everywhere, at the time of ordering, written details on materials required. Any conditions attached to an order or contained in any written order received by games from everywhere are subject to all games from everywhere's trading terms and conditions.
2) Prices - Any variation in the advertised price and the total purchase and shipping, for any reason, will not be charged to the customer, nor the goods dispatched, without prior notification to the custome and the customers' consent.
3) Warranty - The seller will so far as it is legally possible assign to the buyer the benefit of an applicable factory warranty, expressed or implied, issued in relation to, or applicable to the goods supplied, where such warranties exist. All materials supplied are bound only by the warranty of the manufacturer (or licensed agent thereof) that games from everywhere has obtained the materials from. Games from Everywhere will at all times act on the buyer's behalf and best interests to uphold and maintain these warranties, providing all documentation to the buyer, but will not be held liable for any costs incurred should the manufacturer deem materials void of warranty as per their terms and conditions.
4) Liability - The seller, games from everywhere, will accept no liability for damages, breakages, or losses once goods are accepted by the buyer (or agent thereof) as being received in good order and condition. Games from Everywhere will not be held liable for any costs incurred due to delays in shipment of goods nor for any customs duty, VAT or any other taxes and duties belonging to the Country of the addressee. Dates and times for delivery are given in good faith, though are not guaranteed. Games from Everywhere will not be held liable for the end use of any items sold and no suggestions for end use of product will be misconstrued as recommendation or warranty. Any suggested quantities offered by games from everywhere when quoting will not place games from everywhere in any position of liability and must be checked for accuracy prior to any placement of order.
5) Acceptance of Goods - All products are sent via Australia Post. The buyer (or his authorised signatory) is responsible to be present on site to accept delivery of all goods despatched by games from everywhere or their agent resulting from an order placed with games from everywhere when arranged delivery times or dates are given. In the event that the buyer’s premises are unattended when games from everywhere or their agent delivers the goods, the signature of the person who delivers the goods on the delivery docket shall be prima facie evidence that the goods were delivered and shall constitute written acceptance of the goods. It is the duty of the buyer (or assigned employees and agents) to inspect all goods upon receipt.
By placing and completing an order with games from everywhere, you are accepting the games in the condition described and/or displayed at www.gamesfromeverywhere.com.au, and described in our "About Games" section. Games from Everywhere takes no responsibility for games displayed or described on another site. In placing and completing an order the buyer accepts that photographic images are genuine, are not touched up, but none-the-less, being a hand made product, the product may vary in its final appearance and quality.
Written acceptance must be received prior to unloading of goods and it is the duty of the buyer (or buyer's representative) to inspect for damage and correctness of goods delivered prior to giving written acceptance. No claim will be recognised by games from everywhere as the buyer's authority will indemnify games from everywhere against all liability once goods are delivered and signed for. Verbal notification of a claim must be received upon receipt of the goods followed by written notification within 7 days of receipt of goods. Unloading, handling and storage of goods is the sole responsibility of the buyer. Any assistance by an employee of games from everywhere (or authorised representative) is at the sole discretion of such employee (or authorised representative) with no liability for any damage caused to goods and/or property. Any damage occurring whilst unloading is the buyer’s responsibility. The property of the goods shall not pass to the buyer until goods are paid in full. In the event of the buyer defaulting in payment of goods or other default then games from everywhere shall have immediate right and without the necessity of giving notice to retake possession of the goods wherever they may be. The seller (or it's servants and agents) is authorised to enter the premises on which the goods are kept and to retake possession. Games from everywhere shall not be liable for any cost, losses, damages or other expenses suffered by buyer or any other third party in respect of such recovery.
6) Transport – The buyer shall indemnify games from everywhere (or agents) against any damage caused upon entering premises to enact delivery. Futile transport is chargeable to the buyer if goods are unable to be unloaded when delivered on an agreed prearranged date or time and any or all goods despatched require being returned. Maximum waiting time on site for unloading to begin is fifteen (15) minutes. Undue waiting time attracts a charge of $70.00 per hour or part thereof. The buyer shall be liable for all charge backs to games from everywhere resulting from inadequate access to the site and/or inadequate delivery instructions.
7) Terms of Payment - Payment is to be made in full before despatch. In the event of legal action eventuating, all legal fees incurred by games from everywhere during the process of legal action in recovery of the unpaid amount shall be borne by the buyer in default. Legal fees include any costs and commissions payable to any recovery or commercial agent and all other expenses incurred by games from everywhere in the recovery of the amount due.
8) Cancellation - Orders cannot be cancelled except with written consent granted by games from everywhere and upon terms that will indemnify games from everywhere against all losses. Damaged products or products which do not meet the customers satisfaction as well as products ordered in error or excess cannot be returned to games from everywhere for credit or exchange except by special arrangement. Orders or balances of orders may be cancelled at the option of games from everywhere in the event of any failure by the buyer to abide by the terms of contract.
9) Returns - All goods returned shall be returned at the discretion of Games from Everywhere. Any costs incurred to return goods to the place of despatch are at the buyer's expense. Goods and packaging must be in original condition, free from damage and blemishes. "Made to order" goods and non-stock items which are accepted by the buyer in good order and condition are non-returnable. Games from Everywhere reserves the right to decline any return of goods. Any Credits for returned goods will be in the form of a Store Credit valid for a maximum of 3 months from original purchase date.
For faulty goods or goods not up to expectations, refund provided as goods were purchased, through PayPal, Bank Transfer or Card Credit, less postage and handling costs and at the Discretion of Games from Everywhere.
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