Terms

1. The Terms and Conditions

(a) Please read these terms and conditions carefully as they apply to your use of the Unplugged Games web site (Site). By using this Site you agree to be bound by these terms and conditions.

(b) This Site is intended for residents of Australia only. We have no responsibility to any person using this Site who is not a resident of Australia.

2. Services

(a) You acknowledge that we may, in our sole discretion and with or without notice:

(i) vary the Site or any part of the Site; and

(ii) modify or discontinue this Site, any part of the Site and the services available on it.

3. Variations

(a) We reserve the right at any time to vary or amend these terms and conditions or any specific terms and conditions which relate to the use of some parts of the Site.

(b) The amendments to terms and conditions referred to in paragraph (a) will be treated as (at our sole discretion):

(i) amendments to these terms and conditions; or

(ii) the introduction of, or amendments to, terms and conditions which govern any part of the Site, and those new or amended terms and conditions will be posted on the Site. The new or amended terms and conditions are effective as soon as they are posted, and your continued use of the Site will indicate your acceptance of the new or amended terms and conditions.

4. Site Content

(a) Content on the Site is subject to copyright and possibly other intellectual property rights (Intellectual Property Rights).

(b) Unless you are expressly authorised by law you must not yourself, or allow any other person, to:

(i) sell, reproduce, distribute, modify, display, publicly perform, prepare adaptations based on, repost or otherwise use any Content in any way for any public or commercial purpose without our prior written consent; or

(ii) reverse engineer any Content consisting of downloadable software; or

(iii) otherwise infringe the Intellectual Property Rights of any person in using the Site or any Content.

(c) Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or licence you to exercise any Intellectual Property Rights unless this is expressly stated.

5. Your Use of the Site

You must not:

(a) disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;

(b) violate any Applicable Law relating to your use of the Site; or

6. Third Party Providers

(a) You acknowledge that:

(i) parts of the Site; and

(ii) some of the Content,

may be provided or maintained by Third Party Providers and not by us.

(b) Your correspondence or dealings with any Third Party Provider are solely between you and that Third Party Provider, and you agree that we will not be liable or responsible for any loss or damage of any sort incurred as the result of those dealings.

7. Links and Advertisements

(a) We have not reviewed all of the sites linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through advertisements or through any search engines).

(b) Your correspondence or dealings with, or participation in promotions of, advertisers on the Site are solely between you and those advertisers.

(c) We will not be liable or responsible for any loss or damage of any sort incurred as the result of any dealings or as the result of the presence of advertisements on the Site.

8. Personal Information and Cookies

(a) In using the Site you may give us Personal Information. You have certain rights in this Personal Information. By using this Site you grant us the consent to use your personal data in accordance with our Privacy Policy Please click on this link to view our Privacy Policy relating to this site.

9. The Use of the Site Is At Your Risk

(a) You use the Site at your risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. In particular, where any Content includes information relating to property or investments, that information is provided for information purposes only. It should not be used as a substitute for professional legal, financial or real estate advice. You should seek your own independent advice with respect to any Content.

(b) We endeavor to provide a convenient and functional Site, but we do not guarantee that Content will be error free or that the Site or the server that operates it are free of viruses or other harmful components.

(c) If your use of the Site results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for those costs.

(d) Using the Site, the Content and any of the information on the Site in connection with any transaction does not give you or any other party a right to a fee, commission or any other form of payment from any person, including Unplugged Games.

10. Limitation of Liability

(a) Without limiting the above provisions, everything on the Site is provided to you "as is" and "as available" without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchant-ability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.

(b) Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by any statute or regulation which cannot lawfully be excluded, restricted or modified, which may include Part V of the Trade Practices Act 1974 (Cth) and equivalent State or Territory legislation.

(c) If any condition or warranty is implied into this agreement under the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation and cannot be excluded, and we are able to limit your remedy for a breach of such a condition or warranty, then our liability for breach of the condition or warranty is limited to one or more of the following at our option:

(i) in the case of goods, 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; or

(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

(d) Subject to our obligations under the implied conditions and warranties referred to in paragraph (a), our maximum aggregate liability for all claims under or relating to these terms and conditions or their subject matter is limited to A$100. In calculating our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied conditions and warranties referred to in paragraph (c).

11. General Provisions

(a) If any part of this agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(b) You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or the Content or your breach of this agreement.

12. Handling, Shipping and Postage

(a) Unplugged Games will ship all orders to a daytime street address within Australia at the flat shipping rate of $9.95, this postage service will be at the discretion of Unplugged Games. In some instances delivery to parcel lockers, post office boxes, regional and remote locations or similar may be prohibitive and will contact you regarding this if required.

(b) Express Post option is for delivery addresses and orders up to 3kg within the Australia Post Express network. If you order does not suit we will contact you.

(c) All shipping will be by the way of registered post or similar traceable delivery system supplied by Australia Post or a Courier Service chosen at our discretion.

(d) All overseas orders will be subject to the applicable rate of shipping for the ordered items. All overseas orders will be by registered postage or similar receipted delivery services. Please consider overseas shipping costs before purchasing

(e) Some items on overseas orders may not be able to be sent to certain destinations. If this is the case, we will notify you and refund that particular item.

(f) All orders will ship or be ready to collect within 48 business hours.

(g) Uncollected Parcels - If you fail to collect your parcel and it is returned to us, you will be refunded your item purchase price less our return postage costs and fees. If the value of your item does not cover return postage, you will be invoiced for the remaining balance.

13. Non payment of accounts

(a) In the event of order inaccuracies, clients may receive goods in error that they have not paid for or are incorrect. Unplugged Games will cover the cheapest possible postage costs to return the item to us. If these items are not returned Unplugged Games will invoice you for the cost of these goods plus postage

(b) Payment of all outstanding accounts, excluding lay-by payments, are due immediately on receipt of your invoice.

(c) If payment is not forthcoming, Unplugged Games will undertake what ever means necessary within law to recover this debt.

(d) All costs incurred in the recovery of non payed accounts will be added to the amount of the outstanding debt. An administration fee of $20.00 per month inclusive may be applied to all outstanding accounts.

14. Refunds and Returns

(a) Unplugged Games offers refunds on purchases within 30 days of purchase, provided items are returned in original sale condition and at the buyers expense and are subject to the below conditions.

(b) The refund amount will be for the total amount of your paid order less our actual postage costs for the processing and or shipment of your original order.

(c) If orders sent are incorrect and / or do not fit the purpose that the product is intended to do, the buyer will be entitled to a full refund including postage costs.

(d) In the case of item 15.b above, buyer is able to receive their refund by the means that the order was originally paid for. That is for example if an order is paid with Paypal, refund will be given via Paypal

(e) No store credit will be available if items returned are damaged and are no longer in the same salable condition as they were originally sold.

(f) Credit or refunds are not available until the items have been returned and inspected.

(g) No refunds are available on items that are special order items, that is, items that are ordered especially for a client that we do not keep in stock on a regular basis.

(h) Items which are deemed faulty from the manufacturer and beyond our control will be subject to a warranty claim, in which case we may, at our discretion and subject to availability, either replace the faulty item or wait for the replacement item to be returned from our suppliers. If the supplier only provides a refund to us then we may only be able to supply a refund, again depending on stock availability.

(i) Please choose carefully when shopping. If you cancel, reduce or retuen an order an amount for non refundable fees from or payment providers will apply.

15. Exclusions from discounts

Unless otherwise noted, the following products are typically not included in sales and discount codes offered:

(a) full displays of trading cards (e.g. booster boxes)

(b) items already discounted below regular price (e.g. clearance board games)

16. Pre Order Items

Pre order or back order items MUST be paid for when placing your order, if you choose pay on pickup or bank deposit, you will be sent an invoice for payment which muct be placed within 5 business days or your order will be cancelled.

With all products that are PRE ORDER, Price and Availability is correct at time of publishing but are subject to change without notice. Final pricing and delivery may be affected by a number of factors beyond our control and pricing will be increased or decreased at time of delivery if applicable.

Factors that may but are not limited to, affect the final pricing of a pre-order item:

(a) changes in worldwide exchange rates that affect the final landing price in store;

(b) changes in pricing policies set by our wholesale suppliers or manufacturers;

Unless otherwise noted, items purchased in the same transaction as a pre order item will be shipped along with the pre ordered item on the appropriate release date.

Pre orders and pricing on upcoming releases are put in place so that customers can secure items at a discounted price prior to release. This gives the customer first access to stock at a discount price while in turn we get an idea of what stock we need for final release. With that in mind, pre orders will have the following conditions:

All pre orders MUST be paid for at order time to secure stock and pricing
Pre Order pricing will finish within 1-2 weeks of final release date. Pre orders can still be placed after that time, but normal retail price will apply
Pre orders cannot be cancelled within two weeks of release
There will be NO REFUNDS OR Change of Mind RETURNS on pre order stock
We will no hold pre order stock unless it is paid for

17. Definitions

Any terms defined in the Unplugged Games Privacy Policy relating to this site have the same meaning in this document as they do in that Privacy Policy.

Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:

(a) any law, rule or regulation of any country (or political sub-division of a country);

(b) any obligation under any licence in any country (or political sub-division of a country); and

(c) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

Unplugged Games means Andrew Mitchell trading as Unplugged Games ABN 14 860 403 413.

Content includes things that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, photographs, illustrations, text and other materials).

Third Party Provider means any person other than us who provides Content to the Site or operates the Site or a part of the Site, or other Internet sites you may view or access through the Site.

We or us means Andrew Mitchell trading as Unplugged Games ABN 14 860 403 413.