Terms & Conditions

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 our 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 our Website. The Website are for convenience and informational purposes only and is not intended to convey advice or recommendations.

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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.

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3. Ownership; your use of the Website

The Website, including all content, graphics, software and other intellectual property and elements incorporated into the Website, is owned by or licensed to EB Games and/or its licensors and is protected by Australian and international copyright, trademark and other intellectual property laws. Nothing in these Terms grants you any ownership or proprietary rights in the Website or its content.

Your use of the Website is permitted for your lawful, personal, and non-commercial use only. You must use the Website only as expressly allowed under these Terms and in compliance with all applicable laws. You must not use the Website for any unlawful purpose or for any commercial purpose.

Except with the prior written consent of EB Games, you must not copy, reproduce, modify, distribute, publish, transmit, display or otherwise use any part of the Website or its content. You must not sell or resell any part of the Website or access to the Website. You may not use any software forming part of the Website except as necessary for your lawful use of the Website in accordance with these Terms.

You may only use the Website if you are a resident of Australia or New Zealand. To place an order through the Website, you must be legally capable of entering into a binding contract under the laws of your country of residence. If you are under 18 years of age, you may only place an order with the consent of a parent or legal guardian who agrees to be bound by these Terms. EB Games may request proof of age, identity or parental or guardian consent, including to verify your eligibility to purchase certain products.

Products purchased through the Website may only be delivered to addresses within Australia and New Zealand.

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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 +617 4800 4084 or by email to: [email protected].

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5. Use of your account and our Website

You authorise us to monitor your use of your account, including any account associated with our loyalty program EB World, and permit us to use your personal information relating to your use of your account in accordance with our Privacy Policy.

You authorise us to monitor your use of our Website via Google Analytics, including but no limited to the pages you view on our Website; the products you view on our Website; the length of time you spend interacting with our Website and the devices used to interact with our Website in accordance with our Privacy Policy.

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6. Use and ownership of user provided content

You may submit product reviews and other content provided that the submitted content does not violate any laws, is not defamatory, abusive, offensive, threatening, obscene, invasive of privacy, infringing on intellectual property rights, or harmful to third parties.

You are prohibited from posting content that includes software viruses, commercial solicitations, political campaigning, or any type of spam. Impersonating any individual or entity, or misleading others regarding the source of such content is also not permitted. We retain the authority to delete such content as necessary.

If you provide EB Games with any unsolicited ideas or suggestions, or post any reviews 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.

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7. Accuracy of information you provide to EB Games

All information you provide to EB Games through the Website, including registration information, payment information, personal 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.

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8. Trademarks/logos

The trademarks, service marks, trade names and logos used on the Website, including EB Games™, Zing Pop Culture™, ebgames.com.au, and all related logos and identifiers (the Marks), are registered or unregistered trademarks owned by or licensed to EB Games or their respective owners or licensees.

You must not use the Marks except as expressly permitted under these Terms. Any unauthorised use of the Marks is prohibited.

Nothing on the Website grants, or is intended to grant, you any licence, right or interest in the Marks, whether by implication, estoppel or otherwise.

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9. No linking, framing, mirroring, scraping, data-mining or unauthorized postings

You must not link to the Website without the prior written permission of EB Games. If you wish to link to the Website, you may request permission. EB Games may grant, deny, revoke or withdraw any permission to link to the Website at its absolute discretion, at any time and without notice or liability.

You must not frame, mirror, scrape, data-mine, or otherwise reproduce or extract content from the Website, in whole or in part, by any means or in any form.

You must also not use any collaborative browsing, mirroring or display technologies in connection with your use of the Website, or post comments or other content that would be visible to other users, except where expressly permitted by EB Games. This includes use of EB Games forums or other areas of the Website that are specifically designated for user interaction and hosted by EB Games.

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10. Competitions

EB Games may run competitions through the Website, EB World, stores and social media channels. Each competition is governed by its own terms and conditions ("Competition Terms") https://www.ebgames.com.au/social-competition-tcs and by these Terms. If there is any inconsistency, the Promotion Terms prevail to the extent of that inconsistency. By entering or participating in a competition, you agree to the applicable Competition Terms and, where relevant, these Terms. Where a competition is run on a social media platform, it is not sponsored, endorsed or administered by, or associated with, that platform.

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11. Disclaimer

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.

11.1 Viruses

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.

11.2 Spam

From time to time, we may send you marketing communications, including updates or information about products and services offered by EB Games.

If you do not wish to receive marketing communications from us, you may opt out at any time. We provide an “Unsubscribe” link in all marketing emails, and the option to reply “STOP” or use an unsubscribe link in all SMS marketing messages, in accordance with the Spam Act 2003 (Cth) in Australia and the Unsolicited Electronic Messages Act 2007 in New Zealand.

11.3 Use of Cookies

Cookies are small pieces of information that your browser stores on your device hard drive.

We use cookies to provide you site usage information as well as to assist us to improve and develop the products and services we offer.

If you disable cookies on your web browser, you may not be able to fully experience all features of the EB Games web page.

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12. Personal information; Privacy Policy

EB Games collects, uses and discloses personal information in accordance with its Privacy Policy. By accepting these Terms, and each time you use the Website, you consent to EB Games’ collection, use and disclosure of any personal information you have provided in accordance with EB Games’ Privacy Policy.

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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.

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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 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.

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15. Other matters

All prices are in Australian Dollars.

To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted or read down to the extent necessary.

These Terms are governed by and construed in accordance with the laws of each applicable State and Territory and the Commonwealth of Australia, and you irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.

These Terms endure 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.

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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
25 Backhouse Place
Trade Coast Central
Eagle Farm, QLD 4009 Australia
Telephone Customer Service: +617 4800 4084
[email protected]

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17. Purchase and trade terms and conditions – these terms and conditions are part of the terms and conditions of use.

17.1 Shipping

This clause applies to orders delivered to an address. Click & Collect and Same Day/Next Day Delivery orders are covered by clauses 17.3 and 17.5. Orders delivered to New Zealand are also subject to clause 21.3.

When your order is dispatched, we will send you a shipping confirmation email. As set out in clause 17.2, this email is our acceptance of your order.

In-stock orders are generally dispatched within two (2) business days (Monday to Friday, excluding Queensland public holidays) of the order being placed. Some items, such as [large or bulky items, or items fulfilled by our Trusted Partners], may take longer. Where this applies, the expected timeframe will be shown on the product page or at checkout. Preorder items will be dispatched on or after their release date, in accordance with clause 17.4.

Delivery timeframes depend on the delivery option you choose at checkout and are estimates only. The delivery options and fees available to you will be shown at checkout.

If your order arrives damaged, is incorrect or does not arrive, please contact us using the details in clause 16. You may be entitled to a remedy under the Australian Consumer Law.

Nothing in this clause excludes, restricts or modifies any rights or remedies you have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), including the consumer guarantees.

17.2 Acceptance of orders

We may limit the quantities of products available for sale or sold per customer or order.

Advertisements on our Website are invitations to make offers to purchase products and services and are not offers to sell. Your properly completed order constitutes your offer to purchase the products or services in your order. Your order is accepted, and a binding contract formed with Electronics Boutique Australia Pty Ltd, only when we send you an email confirming that your order has been shipped or is ready for collection.

• Products available now: Payment for the full price is taken at the time of purchase.
• Preorders for home delivery: A deposit is taken at the time of purchase. The remaining balance is charged when your preorder is ready to ship, in accordance with clause 17.4.
• Preorders for Click & Collect: A deposit is taken at the time of purchase. The remaining balance is paid in store when you collect your preorder.

We may reject or cancel an order, before or after acceptance, where:

• the product is unavailable;
• the order fails our verification process or we reasonably suspect fraud or misuse;
• the order exceeds quantity limits; or
• we are otherwise unable to fulfil the order.

If we reject or cancel your order, we will notify you and refund any amount you have paid for the affected products as set out under "Refunds for cancelled orders" below.

• Home delivery orders: Refunds will be processed automatically to your original payment method.
• Click & Collect orders: Refunds must be collected in person from the store you selected for collection. Please bring your order confirmation or order number and photographic identification.

If a product's price was displayed incorrectly on our Website, or more than one price was displayed for the same product, and the product is available and in stock, we will sell you the product at the lowest price displayed by us at the time you placed your order.

If the product is not available or in stock, we will cancel your order and give you a full refund of any amount paid, as set out under "Refunds for cancelled orders" above.

Orders that cannot be fulfilled at the same time, such as preorder or backorder products, will be treated as separate orders and may be billed separately.

If a product in your order becomes unavailable after you have placed your order, we will notify you. Depending on availability, we may:

• offer you the option to change your order, cancel it, or wait for stock to become available; or
• where stock cannot be sourced (for example, where the product is unavailable across our distribution centre and stores), cancel the affected products.

If products are cancelled, you will receive a full refund for those products as set out under "Refunds for cancelled orders" above.

You may request to cancel an order by calling +617 4800 4084. If your order has already been accepted and shipped or prepared for collection before we can process your request, the cancellation may not be effective. This does not affect your rights under our returns policy or the Australian Consumer Law.

All orders for delivery within Australia must be placed from within Australia. Orders placed from outside Australia, or using a payment card with a billing address outside Australia, are overseas transactions, and we may approve or decline them at our discretion.

All orders undergo an internal verification process, during which an order may be approved or declined.

17.3 Click & Collect

Click & Collect is available for selected products and at selected store locations in Australia only, as displayed on the Website.

When placing a Click & Collect order, you must select the store from which you will collect your order. At the time you place your order, the Website will display an estimated collection timeframe indicating when your order is expected to be available for collection.

To use Click & Collect, you must provide a valid email address and mobile phone number. We will notify you by email when your order is ready for collection. To also receive SMS notifications, you must be subscribed to SMS notifications in your EB World profile.

We will aim to have your order ready for collection within the estimated collection timeframe. However, we are not liable to you or any other person for any delay. If a delay occurs, we will notify you as soon as reasonably possible.

In some circumstances, your Click & Collect order may be rejected, including (without limitation) where the requested product is not available at your selected store. If we reject your order, we will endeavour to notify you at the time you place your order or within a reasonable time after the order is submitted. We will also send a final reminder notification 7 days after the rejection.

If you do not collect your Click & Collect order within 14 days after you receive notification that the order is available for collection, we cancel the order.

When collecting your order:

• you must collect it from the store you selected when placing your order;
• you must present your order confirmation or order number; and
• you may be asked to provide photographic identification and/or a signature.

Only the person named on the order may collect it, unless you nominate an alternate person at the time of ordering. Your nominated representative may be asked to provide photographic identification and the order confirmation or order number. By nominating a representative, you authorise that person to collect the order on your behalf. Preorders can only be collected by the person named on the order. Alternate collectors cannot be nominated for preorders.

Restricted Products will only be released to a person who provides valid photographic identification proving they meet the applicable legal age requirements. We may record details of any identification provided when products are collected.

Refunds and returns for Click & Collect orders can be processed at the store you selected for collection, subject to our returns policy and your rights under the Australian Consumer Law.

17.4 Preorder Payments

When you place a preorder through the Website, you must pay a deposit at the time of ordering.

The remaining balance will be charged to the same payment method used to pay the deposit. The balance payment will be processed before your preorder is shipped, generally in the days leading up to the product's release date. We will notify you before we attempt to take the balance payment.

You are responsible for making sure sufficient funds are available on your payment method when the balance payment is processed.

If the balance payment attempt is unsuccessful, we will hold your preorder and attempt to take payment again 2 days later. If the second attempt is unsuccessful, we will attempt to take payment again 5 days after the second attempt. Your preorder will only be shipped once the balance payment has been successfully processed.

If all three payment attempts are unsuccessful, we may cancel your preorder. If you wish to request a refund of your deposit following cancellation due to failed payments, you must contact us. Any refund of a preorder deposit in these circumstances will be issued as an EB Games or Zing Pop Culture gift card.

You must provide a valid and current email address when placing your preorder so that you receive important communications from us, including notification of the balance payment date.

17.5 Same / Next Day Delivery

Same Day and Next Day Delivery are only available in Australia for selected products and within selected delivery locations. These delivery options are fulfilled by third-party delivery partners where available.

During the ordering process, you will be able to select an eligible Same Day or Next Day Delivery option when it is displayed at checkout. You will receive an email notification when your order has been dispatched, and SMS notifications (where applicable) regarding the delivery status of your order.

In certain circumstances, your order may be rejected, including (but not limited to) where the requested product is not available. If we reject an order 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 submission. We will also send a final reminder notification 7 days after the time of rejection.

If we do not hear from you within 30 days after you receive the final reminder notification, we will deem the order to be abandoned and may cancel it.

17.6 EB Trade Policy

• EB Games accepts trade ins across a range of selected items including consoles, games, controllers and other accessories. Any reference to trading refers to items that we currently accept for trade.
• EB Games reserves the right to choose not to range or trade an item, or cease ranging or accepting trades of an item previously ranged or available for trade without notice, at our discretion.
• Items that are cracked, chipped, internally incomplete, modified, physically broken or damaged beyond repair cannot be traded.
• Items that are partially or fully blocked from use, such as banned from networks, account or security locked, or have parental controls that are unable to be removed, cannot be traded.
• Items that are illegal, burnt, or pirated copies, or marked as demo or promotional products cannot be traded.
• Items must be classified for sale, compatible with systems sold by EB Games, and content and packaging must be in English.
• Trade deals relating to consoles being traded specifically only refer to consoles that are working, complete, and in resalable condition.
• Trade deals relating to games, controllers or other accessories being traded specifically only refer to items that are in resalable condition.
• Items that are not considered to be in resalable condition, or that are missing components or damaged, may be excluded from trade deals, or may be accepted for trade for a lesser value. Items that show signs of damage, or that are missing the original case, display slick, or rating sticker may still be accepted for trade; however a refurbishment charge may apply, altering the final price of a trade deal or value.
• Trades of multiple copies of the same or similar product are limited to no more than two per customer, and as part of a personal collection only. For trade deals, no multiples of the same item are permitted.
• Where trades are considered to be more than a personal collection, further documentation may be requested before a trade is accepted. Acceptance of trade in any form is at the discretion of EB Games.
• Trade values quoted instore and/or online are valid only for the day on which they are quoted. Trade values may change on the next calendar day.
• Trade values quoted online are made with the assumption that the products are considered to be in resalable condition. Trade values quoted online are not guaranteed and final trade value can only be provided instore upon assessment by staff.
• Trade values quoted online are quoted at the ‘up to’ value for EB World Level IV members. For a more accurate quote based on individual EB World level and EB World PLUS membership where applicable, a user must be signed in to their EB World account.
• Purchasing items with the intent to use these items to take advantage of a trade value, deal, promotion, or offer is not permitted.
• Advertised deals are only valid while they are being advertised, or until the listed expiry date.
• Eligible items advertised are subject to change at any time at the discretion of EB Games, including but not limited to when they no longer meet eligibility criteria.
• Trade promotions offering a percentage extra trade value apply only to games, controllers and accessories, and do not apply to hardware trades, unless stated otherwise or at the discretion of EB Games.
• Trade deals, promotions and offers may not be combined or stacked with other offers.
• Where trade value was increased as part of a trade deal or offer, a value adjustment may apply if the qualifying item criteria is no longer met (such as returned, exchanged, or cancelled).
• Trade bonuses apply to base trade value. Offering bonuses on increased trade values, or with other offers or deals is at the discretion of EB Games.
• Trade deals cannot be combined with the EB Games price matching policy in one or multiple transactions.
• Best Trade Price Guarantee service - EB Games offers a Trade Price match where:
  • A competitor is located in the same shopping centre or shopping precinct as the EB Games store in which the trade price match is requested. EB Games does not match trade prices offered by online retailers or private traders.
  • The product being matched is the same product, and adheres to the same conditions as the competitor, including condition of the item being traded, and any inclusions or exclusions where applicable.
  Please ensure prior to Trade Price Match request that the offer is current, and meets the above criteria. EB Games reserves the right to not match selected products. Matching competitor’s trade prices cannot be combined or stacked with EB Games Trade offers (including but not limited to EB World Bonus, Trade deals, and other promotions).
• EB Games must comply with regulatory requirements when processing trades, with particular regard to identification, minimum age and recording of relevant details. See staff for details and ID requirements.
• Trading in of items for cash or towards gift cards is not permitted in WA.
• Items partially or fully purchased using trade ins are eligible for return or exchange using the satisfaction/gift guarantee service. In WA, the portion of value of the traded product cannot be returned for a refund, only for credit towards another purchase. Where trade value was increased as part of a trade deal or offer, a value adjustment may apply if the qualifying item criteria is no longer met.
• All trades are final and the property of EB Games once any applicable cooling off period has expired. Your local store can inform you of your specific cooling off period where applicable.
• Any stored content on consoles or memory devices has no commercial value. Ownership of stored material is forfeited with the trade in of a console or memory device.
• To trade in, EB Games staff must be satisfied that you are the legal owner of the items you are trading.
• You cannot be under the influence of drugs or alcohol when you are trading.
• EB Games reserves the right to refuse a trade where we believe that you are taking advantage of the trade in program in ways that are excessive, unusual, or may cause us loss or harm.

These policies do not affect your statutory rights and can be changed by EB Games at any time without notice. See Trade & Save or instore for more information about trading.

17.7 Layby

By placing a layby, you agree to the following terms and conditions:

• Minimum Purchase Amount
  • The total value of the item(s) must be $20 or more to qualify for layby.
• Deposit Requirement
  • A 10% deposit of the total purchase price is required at the time of setting up the layby.
• Layby Duration
  • Items will be held for a maximum of 60 days from the date of the initial deposit.
• Price Guarantee
  • The price at the time the layby is initiated will be honoured for the full 60-day term, regardless of future price changes or promotions.
• Exclusions
  • Trading cards are excluded from layby.
  • Sale and promotional items are not eligible for layby. Other exclusions or promotions may apply.
• Cancellations & Forfeiture
  • If the layby is cancelled or not completed within the 60-day period, the item(s) will be returned to stock and the deposit may be forfeited in accordance with store policy.

Please retain your layby receipt and refer to it for any enquiries.

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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

(a) You can pay for purchases made online using any payment method displayed at checkout at the time of your purchase.

(b) Credit and debit cards must be issued in Australia or New Zealand.

(c) EB Games may add, remove or change accepted payment methods at any time. Some payment methods may not be available for certain products, orders or order values (for example, preorders, Restricted Goods or Gift Card purchases).

(d) Payments made using a third-party payment provider (such as PayPal, Afterpay or Zip) are also subject to that provider's terms and conditions.

18.2 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.

18.3 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.

18.4 Delivery

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.

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19. Consumer Guarantees

If you believe an item is faulty, you may have rights to a remedy under the Australian Consumer Law (ACL). These rights are not impacted by our change-of-mind policy and are not limited by a set timeframe. The ACL recognises that the relevant timeframe for a remedy may vary depending on the nature of the goods (or services), the price paid, and any representations made about them.

If there is a major failure with an item, you may choose a refund, replacement, or repair. If the failure is minor, we will repair the item within a reasonable time. If a repair is not practical, we may offer a replacement instead. What constitutes a reasonable time may depend on the nature of the item and the fault.

Where an item is damaged through misuse, accident, or abnormal use, EB Games cannot provide a refund, replacement, or repair, whether the fault is identified by EB Games, the manufacturer, or their service agent.

EB Games may require proof of purchase, which can include a receipt, transaction record, or other reasonable evidence, before providing a remedy under the ACL.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by law. If you are a consumer in Australia, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. If you are a consumer in New Zealand, you may have rights under New Zealand consumer protection laws (including the Consumer Guarantees Act 1993), and nothing in these Terms is intended to exclude those rights.

19.1 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 brand-new, resalable condition
• is unworn, unused, unassembled, in its original condition with all original packaging and content included
• is not subject to the exclusions listed below (19.2)

and the exchange or refund is sought within 7 days of purchase. At times throughout the year, EB Games may in its sole discretion 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 note that items delivered by our Trusted Partners cannot be returned in-store. To return these items, please visit our website at ebgames.com.au and contact our customer service team.

19.2 Exclusions under change of mind returns

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 or any other digital products
• Software where packed-in downloadable content (eg. bonus in-game content or other downloadable extras) has been used or is missing
• Console hardware, PC Hardware, headsets, accessories, chairs, desks, furniture, or any other product that has been opened, used, worn, damaged, or is in any way unable to be resold as is
• All products fulfilled by our Trusted Partners
• 3 or 12 month EB World PLUS membership

See our Privacy Policy for more information

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20. Online Safety

Consider your online safety when purchasing a device that can browse the internet. Click here to learn more about protecting yourself and others online.

If you’ve experienced online abuse/bullying, or seen something that depicts illegal, offensive or abhorrent behaviour, please report it to the eSafety Commissioner at https://www.esafety.gov.au/report.

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21. New Zealand Customers

This section applies to customers who place orders via ebgames.com.au for delivery to a New Zealand address (“New Zealand Customers”). Except as expressly set out in this section, all other terms of these Terms & Conditions continue to apply.

21.1 Contracting entity and governing law

New Zealand Customers are contracting with Electronics Boutique Australia Pty Ltd (Australia).

The contract is governed by the laws of Australia, and any disputes are subject to the jurisdiction set out in these Terms.

Nothing in these Terms excludes, restricts, or modifies any rights or remedies that New Zealand Customers may have under New Zealand consumer law that cannot lawfully be excluded.

21.2 Pricing and currency

All prices on ebgames.com.au are displayed in Australian Dollars (AUD).

For orders delivered to New Zealand, Australian GST will be removed at checkout and New Zealand GST (15%) will be applied prior to payment.

Any currency conversion is performed by the customer’s card issuer or payment provider. EB Games is not responsible for exchange rates or any fees applied by third parties.

21.3 Shipping and delivery to New Zealand

Delivery to New Zealand is available for selected products only.

Shipping to New Zealand is available to all New Zealand locations via Australia Post. Orders delivered to New Zealand are not subject to customs duties where the total order value is under NZD $1,000.

Shipping costs and estimated delivery timeframes will be displayed at checkout. Delivery timeframes provided are estimates only and may vary due to international shipping, customs processing, or factors outside EB Games’ control. EB Games is not responsible for delays caused by customs clearance or factors outside its control.

EB Games reserves the right to cancel or amend orders where items cannot be shipped to New Zealand due to legal, logistical, or carrier restrictions.

21.4 Product restrictions and availability

Not all products available on ebgames.com.au are eligible for delivery to New Zealand. If an order contains items that cannot be shipped to New Zealand, EB Games may:

• remove the ineligible items from the order,
• offer a refund for those items, or
• cancel the order in full.

21.5 Rated and restricted products

Some products sold on ebgames.com.au are subject to age restrictions.

Product imagery, ratings, classifications, and warnings displayed on the website are based on Australian classification standards and packaging.

New Zealand Customers must ensure they meet the legal age requirements applicable in New Zealand.

EB Games may request proof of age and reserves the right to refuse, cancel, or not deliver orders for restricted products where age verification cannot be satisfactorily completed.

21.6 Returns and refunds – New Zealand Customers

Faulty goods

• New Zealand Customers may have rights under the Consumer Guarantees Act 1993 (NZ) in relation to faulty goods.
• Where a product is faulty, not as described, or otherwise fails to meet applicable consumer guarantees, EB Games will provide a remedy in accordance with New Zealand consumer law, including covering reasonable return shipping costs where required. To return these items, please visit our website at ebgames.com.au and contact our customer service team

21.7 Change of mind

• Change-of-mind returns are offered at EB Games’ discretion and subject to the change-of-mind conditions set out in these Terms. For New Zealand Customers:
  • return shipping costs (including international shipping) are the customer’s responsibility; and
  • original shipping costs, duties, and taxes are non-refundable, unless required by law.

21.8 Customer support

New Zealand Customers can contact EB Games customer support using the contact details set out in these Terms.

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22. Sell Your TCG Singles

22.1. How The Program Works

You can bring eligible trading card singles to a participating store for assessment. We will check whether your cards are eligible and make you an offer. You can then accept or decline the offer. A sale is complete once you accept our offer and we have paid you in cash or issued your in-store credit.

22.2. Cards We May Accept

We may accept single trading cards from selected trading card games, such as Pokémon, Magic: The Gathering and One Piece, where the cards meet our buying criteria. The sets we are currently buying are listed on our Sell Your TCG Singles page. Eligibility may change from time to time based on product type, language, condition, demand, release timing, stock levels, and other business requirements.

22.3. Card Condition Requirements

Cards must be genuine, complete, clean, and in a resaleable condition. We may decline any card that is bent, creased, heavily scratched, scuffed, water damaged, peeling, marked, altered, counterfeit, oversized, double-sided, or otherwise unsuitable for resale. Minor natural curling may be accepted at our discretion. We only accept ungraded cards.

22.4. Valuation and Offers

Any estimate given before assessment is a guide only. Our final offer will be based on our in-store assessment of the card’s identity, authenticity and condition, its current market value and demand, and our buying requirements at the time. Prices may change without notice. We are not required to match third-party listings, marketplace prices, or previous offers.

22.5. Accepting or Declining an Offer

You do not have to accept our offer. If you decline, we will return your cards to you, unless clause 22.13 applies. If you accept, ownership of the cards passes to us once we have paid you or issued your in-store credit.

22.6. Payment

Depending on the store, product type, transaction value, and applicable laws, we may offer store credit, gift card, account credit, cash, or another approved payment method. Store credit may provide a different value to cash. Any gift card or store credit terms will be made available to you and will apply in addition to these terms, provided they do not limit rights that cannot be excluded under law.

22.7. Who can sell

To sell your cards, you must be at least 18 years old, provide accurate details and may need to show valid government-issued photo identification. We may refuse a sale if we cannot verify your identity, if required by law, or if the sale appears suspicious, fraudulent or otherwise unsuitable.

22.8. Your Ownership Promise

By offering cards for sale, you promise that you own the cards and have the rights to sell them, and that they are not stolen, lost, borrowed, subject to a dispute, or otherwise claimed by someone else. If this promise is not true, we may cancel the sale, recover any amount paid, refuse future sales, or take other lawful action.

22.9. Limits and store availability

We may apply transaction limits, card quantity limits, queue limits, category limits or minimum values. The program is only available at participating stores, which are listed on our Sell Your TCG Singles page. It may be paused, changed or withdrawn at any time.

22.10. Privacy and Identification

We collect your personal information to process the sale, verify your identity, prevent fraud, issue payment or in-store credit, keep transaction records and meet our legal obligations, including record-keeping requirements under second-hand dealer laws. We will handle your personal information in accordance with our Privacy Policy.

22.11. If We Cannot Buy Your Cards

If we cannot buy your cards, we will return them to you. We may refuse cards for any lawful reason, including condition, authenticity, eligibility, stock levels, safety, suspected theft, or resale suitability. We are not responsible for any change in a card’s value after you decline and offer or after cards are returned.

22.12. Changes to This Program

We may update, pause or end the program, or change the participating stores, accepted cards, valuation methods or payment options, at any time. The terms that apply to your sale are the terms in place when you accept our offer.

22.13. Counterfeit, stolen or suspicious cards

If we know or reasonably believe a card may be counterfeit, altered, stolen, lost, obtained dishonestly, held unlawfully, claimed by someone else or linked to suspicious activity, we may refuse, pause, cancel or reverse the sale. Where required by law or directed by police, we may hold the card and share the card and transaction details with police, law enforcement, regulators or another appropriate person. We are not responsible for loss resulting from these steps, unless the law says we are.

22.14. Collecting Cards Left With Us

If you leave cards with us and they have not been sold to us, you must collect them within 14 days of us asking you to collect them. We will contact you using the details you gave us. If the cards are still not collected after that time, we may deal with them as uncollected goods in accordance with the laws of the state or territory where the store is located. We are not responsible for any loss of value, damage or deterioration caused by delayed collection, unless it was caused by our negligence or the law says we are responsible.

22.15. Australian Consumer Law

Nothing in these terms excludes, restricts, or changes any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded. If we later resell your buy-in cards to customers, we remain responsible for meeting our legal obligations, including consumer guarantees that apply to those sales.

22.16. Governing Law

These terms are governed by the laws of Australia and the state or territory where the buy-in takes place. Any dispute will be handled by the courts or tribunals that have jurisdiction over the transaction.

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23. TCG Singles Refund & Returns Policy (Online Purchases)

EB Games does not offer refunds or exchanges for change of mind on trading card singles. Trading card singles are shipped security sealed inside a clear plastic top-loader to allow you to thoroughly examine the product upon delivery.

Please ensure you examine the goods before breaking the seal and verify that they are of acceptable quality to you upon delivery, and request any required remedy without breaking the applied security seal.

All return requests are subject to inspection. We may refuse a return where the card presented is not the same card supplied by us, has been altered, substituted, tampered with, damaged or otherwise changed after sale, or where the condition complained of was detectable before the applied security seal was broken or arose after the seal was broken.

Consumer rights under the Australian Consumer Law apply to these products. No rights available under Australian Consumer Law are limited or excluded. To request a remedy please email [email protected].

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