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TERMS OF USE GAMING STORE
TERMS AND CONDITIONS
1.0 ELECTRONIC COMMUNICATIONS
1.1
When a user visits the GAMING STORE or sends e-mails to GAMING STORE, that user consents to receiving communications from GAMING STORE electronically and agrees that all agreements, notices, disclosures and other communications sent by GAMING STORE satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
2.0 DISCLAIMER
2.1
Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither GAMING STORE nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, GAMING STORE makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free.
2.2
This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with GAMING STORE that the service and products available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
2.3
Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of GAMING STORE and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
2.4
All items purchased from GAMING STORE are made pursuant to agreements with shipping and delivery agents and risk of loss pass from GAMING STORE to such agents upon delivery of any item to such carrier.
2.5
Neither GAMING STORE nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.
3.0 GOVERNING LAW
This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
4.0 COSTS
The price of each product is displayed with the product. In the event of a sale or a special offer, the discounted price will be displayed.
5.0 SHIPPING
GAMING STORE offers three convenient shipping options.
5.1
Overnight Delivery: For an additional charge, we offer this expedited shipping option on most of our products.
5.2
Two-Day Delivery: For an additional charge, we offer this expedited shipping option on most of our products.
5.3
Ground Shipping: This option is available on all orders for no additional charge. Products shipped via ground service are normally delivered two to five business days after shipment.
6.0 VAT
The purchase price of each product includes SA Value Added Tax (where applicable) at the rate of 14%.
7.0 DELIVERY
7.1
Wherever possible items on the site have an indication of the delivery time. In the case of out of stock items, the delivery time is an approximation, and while every effort will be made to supply the stock on time, GAMING STORE, cannot be held liable for events beyond the control of GAMING STORE.
7.2
IF ITEMS WITH DIFFERENT DELIVERY TIMES ARE ORDERED TOGETHER, THE ITEM WITH THE LONGEST DELIVERY TIME WILL DETERMINE THE DELIVERY TIME OF ALL THE ITEMS IN THE ORDER, UNLESS THE CUSTOMER CHOOSES TO ACCEPT PART SHIPMENT OF THE ORDER.
7.3
GAMING STORE makes every effort to assure that the information supplied on the site is accurate. Where delays and out of stock situations occur, every effort will be made to inform the buyer.
8.0 PAYMENT METHODS
8.1
Credit card payments
At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order and processed within 24 hours.
Note that to protect it's own and the interests of customers, GAMING STORE scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if GAMING STORE is not satisfied with it's legitimacy.
8.2
Direct Bank Transfers
If the buyer selects the 'pay via bank deposit' button, instructions will be given on how to deposit monies into the ONLINE STORE bank account and would it be subject to the following rules:
The exact amount must be paid
Supplying the order number and surname in the reference section of the electronic transfer must identify the payment.
9.0 RESTRICTIONS ON SALES
GAMING STORE only sells and delivers products to addresses in South Africa. Sales and deliveries will only be made to end user customers.
10.0 AGREEMENTS OF SALE
10.1
Placing an item in a shopping basket or adding it to a wishlist without completing the purchase cycle does not constitute an agreement of sale constitute nor an order for such an item between GAMING STORE and users cannot hold GAMING STORE liable if such items are not available when the purchase cycle is completed later.
10.2
GAMING STORE may remove such an item from the shopping basket or wishlist if no stock is available.
10.3
An agreement of sale between GAMING STORE and a user only comes into effect if and when a credit card authorisation is received from the issuing bank or a deposit of an electronic transfer is reflected on GAMING STORE?S bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle)
10.4
GAMING STORE reserves the right to refuse to accept and/or execute an order without giving any reasons.
10.5
GAMING STORE also reserves the right to cancel orders in whole or in part as circumstances dictate. GAMING STORE shall only be liable to refund monies already paid by the user.
11.0 TITLE AND RISK
No ownership to the Products shall pass to the Customer until payment in full and in cleared funds of the Price for the Products and any other sums which may be due under the Contract, whether for the rendering of services or otherwise, have been received by GAMING STORE.
12.0 RETURNS, REFUNDS & EXCHANGES
Apart from the provisions of sections 42 and 44 of the Electronic Communications and Transactions Act the returns policy of GAMING STORE is as follows:
12.1
GAMING STORE does not permit the return of or offer refunds for the following products:
Opened hardware product
Opened game product
13.0 DEFECTIVE ITEMS
13.1
Nintendo Branded Products
If you discover what you believe is a product defect for any Nintendo-branded product, please contact GAMING STORE on 0861 000 944. Such a defect, if any, is covered under the terms of your product's warranty. Please refer to the warranty information and other supporting documentation that came with your product
13.2
Non-Nintendo Branded/Third-Party Products
If you discover what you believe is a product defect for any third-party product, please contact GAMING STORE or the manufacturer or their agents directly for information regarding the manufacturer's warranty.
Note: Products sold through this web site that do not bear the Nintendo brand name are serviced and supported exclusively by their manufacturers in accordance with terms and conditions packaged with the products. Nintendo?s Limited Warranty does not apply to products that are not Nintendo-branded, even if packaged or sold with Nintendo products.
14.0 STOCK AVAILABILITY
Stocks of all goods on offer are limited. GAMING STORE shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, GAMING STORE shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.
15.0 SPECIAL OFFERS
GAMING STORE shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low.
If GAMING STORE supplies the wrong product or if the product is in any way faulty or damaged, GAMING STORE will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and GAMING STORE will refund the purchase price including delivery costs.
16.0 GUARANTEE
If GAMING STORE supplies the wrong product or if the product is in any way faulty or damaged, GAMING STORE will exchange it for the correct one. GAMING STORE will make a reasonable effort to exchange the product, but if replacement is not possible, GAMING STORE will refund the purchase price including delivery cost.
17.0 PRIVACY
17.1
This site collects private information from users, such information shall not be disclosed to any third party unless agreed upon between the user and GAMING STORE or through due legal process.
17.2
Users agree that GAMING STORE may, from time to time communicate with users.
18.0 SECURITY
18.1
Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that GAMING STORE suffers any damage or loss.
18.2
The user allows GAMING STORE to take all reasonable steps to ensure the integrity and security of GAMING STORE site and back-office applications.
18.3
All credit card transactions are Secure Socket Layers encrypted.
19.0 CHANGES TO AGREEMENT
GAMING STORE may, in its sole discretion, change this agreement or any part thereof at any time without notice.
20.0 DOMICILIUM
GAMING STORE chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 351 Kyalami Boulevard, Kyalami Business Park,1684
21.0 GENERAL INFORMATION
GAMING STORE is the trading arm of Gaming Online Store (PTY) Ltd. Reg No: 2003/022401/07.
Directors: I Ichikowitz, R Ichikowitz, RJ van Spaandonk
ZA Online Store is an independent marketing company, unaffiliated with Nintendo Co., Ltd
22.0 CONTACT INFORMATION
GAMING STORE sales - 0861 000 944
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