TERMS AND CONDITIONS

FOR GOODS SOLD BY TBCPLUS IT PTY LTD TRADING AS PLUS GAMING FROM WEBSITE plus-gaming.com.au

These Terms and Conditions constitute a legally binding contract between the customer (“you”) and TBCPlus IT Pty Ltd T/A Plus Gaming (ABN: 48126643481) (“Plus Gaming”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from www.plus-gaming.com.au. By placing an order for Goods from Plus Gaming you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

1. DEFINITIONS

In these Terms and Conditions:

“Account” means a personal account created by you on the Website;

“Goods” means items purchased from the Website;

“Shipping Charge” has the meaning given in Section 3.3;

“Shipping Options” means the shipping options available for an Order which are listed on the Website, as updated from time to time. The shipping options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Shipping Charges and estimated delivery times may vary for each Shipping Option;

“Order” means an order for Goods, placed on the Website;

“Pick-up” has the meaning outlined in 10.1

“Password” means the password needed to access your Account;

“Selected Shipping Option” has the meaning given in Section 9.1; and

“Website” means www.plus-gaming.com.au

2. YOUR LEGAL RIGHTS

Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that Plus Gaming represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.

3. Pricing & taxes

3.1. Prices for Goods are as shown on the Website.

3.2. Plus Gaming reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by Plus Gaming.

3.3. In addition to the price for the Goods, you will also need to pay the listed shipping charge (if any) (“Shipping Charge”) for your Selected Shipping Option. Any Shipping Charge will appear in your shopping cart.

3.4. By placing an Order, you agree to pay the price for the Goods and any applicable Shipping Charge.

3.5. All prices and Shipping Charges quoted are in Australian dollars and are inclusive of GST.

4. YOUR ACCOUNT

4.1. You can check-out as a guest on the Website when you purchase Goods. If you wish to create an Account as a returning customer, additional functionality on the Website may be available to you.

4.2. You may not set up an Account for someone else.

4.3. Please ensure that you enter all information carefully when creating an Account or checking-out as a guest. You warrant to Plus Gaming that all information provided by you in relation to your Account is complete, true and accurate.

4.4. You must notify Plus Gaming immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

4.5. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Plus Gaming will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify Plus Gaming, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

4.6. If Plus Gaming suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify Plus Gaming then you must pay Plus Gaming the amount of that loss, damage, cost or expense if Plus Gaming asks you to.

4.7. Plus Gaming may, in its sole discretion, terminate your Account or your use of the Website at any time without notice and for any reason whatsoever. Plus Gaming reserves the right to change, suspend or discontinue all or any aspects of the Website at any time without prior notice for any reason whatsoever.

5. ORDERS

5.1. You can place an Order by following the instructions on the Website.

5.2 Descriptions provided on the website are for sales purposes only and do not constitute technical advice.

5.3. An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order. Plus Gaming may accept or reject your offer in its absolute discretion. In particular, but without limitation, Plus Gaming may reject Orders for commercial quantities of Goods.

5.4. Each Order that you place will, if accepted by Plus Gaming, be a separate and binding agreement between you and Plus Gaming with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

5.5. If you place an Order for someone else to receive the Goods you must obtain their consent before providing Plus Gaming with their personal information and, by placing an Order, you confirm to Plus Gaming that you have done this.

5.6. Please ensure that you enter all information carefully when placing an Order. You warrant to Plus Gaming that all information provided by you in relation to each Order is complete, true and accurate.

5.7. Please check your Order and Selected Shipping Option, carefully (including shipping address, products and the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by Plus Gaming. Plus Gaming will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this. Requests for changes to orders after submission should be made via the Contact Us info on our website. Please include your full name, order number and convenient contact details for us to contact you to discuss your change request.

5.8. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Plus Gaming will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by Plus Gaming, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

5.9. Where you place separate Orders the Goods will be delivered separately and a separate Shipping Charge will apply to each Order. Plus Gaming cannot consolidate separate Orders into one delivery.

5.10. Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations including directly from our supplier; where the Goods are of different types; or where the Goods have different availability statuses. Please note that a Shipping Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Shipping Option.

5.11. The internet can be an unstable marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

5.12. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

5.13. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Plus Gaming will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.11 or arising out of or in connection with you accessing the Website , whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

6. AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT

6.1. When you submit an Order you will receive an Order reference number via e-mail. Please check junk and SPAM filters if confirmation not received.

6.2. Plus Gaming will process payment for your Order when you place your Order using your nominated payment method. Your Order is deemed to be accepted by Plus Gaming when Plus Gaming does this, however Plus Gaming may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that Plus Gaming cancels your Order having already processed payment, it will refund payment in accordance with Section 12.1.

6.3. When Plus Gaming accepts an Order it represents an agreement by Plus Gaming to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

6.4. You may pay for Goods at the time the order is place using Stripe and the available payment methods listed on the website. No other payment types will be available.

6.5. You must not pay, or attempt to pay, for Goods through any fraudulent or unlawful means. If the name on the credit card/payment card/account does not match the name on the Order, Plus Gaming may refuse to accept the Order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/Gift Card you authorise Plus Gaming to deduct the price and the applicable delivery charge(s) from such cards.

6.6. Plus Gaming reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

6.7. Plus Gaming may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation:

(a) where our fraud detection systems detect possible irregularities;
(b) because your financial institution has declined payment; or
(c) because your payment card has expired. Where this is the case, Plus Gaming reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

6.8. Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and Plus Gaming will notify you by email.

6.9. For “pick up” Orders, payment is to be made when order is placed.

7. CANCELLATION OF ORDERS

7.1. Plus Gaming reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. Plus Gaming may do this for example, but without limitation, where:

(a) Plus Gaming’s suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond Plus Gaming’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that Plus Gaming is unable to supply the Goods within a reasonable time;
(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;
(d) you ask Plus Gaming to cancel your Order in accordance with section 5.8; or
(e) in the circumstances set out in Section 6.7.

7.2. You may cancel your Order where Plus Gaming:
(a) has breached a material term of this Agreement;
(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or (ii) which was outside Plus Gaming’s control including the situations set out in Sections 7.1(a) and (b) above.

7.3. Where Plus Gaming cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

7.4. In the event of Plus Gaming or you cancelling your Order after payment has been processed, Plus Gaming will refund any money paid in respect of that Order. Section 12 of these Terms and Conditions sets out further information about refunds.

7.5. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, Plus Gaming will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8. AVAILABILITY OF GOODS

8.1. As Plus Gaming is dependent upon its Suppliers to provide stock, Plus Gaming cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. Plus Gaming reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. After you place an Order, if there are any changes in available inventory and Plus Gaming is unable to fulfil your Order, you will be notified as soon as possible. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Plus Gaming will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

9. SHIPPING

9.1. When you place an Order for Goods, you will be required to select one of the available Shipping Options for your Order (“Selected Shipping Option”).

9.2. Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order. You are responsible for providing the correct delivery address.

9.3. Goods will only be delivered to addresses within Australia. Plus Gaming is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your Order through the website. Goods will not be delivered to a PO Box.

9.4. Delivery of Goods to parts of Australia such as the Northern Territory, Western Australia, Tasmania, remote/isolated areas and island communities may have extended delivery times and are subject to local transport schedules and third party transport companies. Goods may also have to be collected from the closest local barge or freight company, in which case you will be responsible for arranging final delivery (including any additional cost for such final delivery) with the barge or freight company to your nominated address. If additional charges from a third party apply to your Order, Plus Gaming will contact you prior to delivery to advise such charges.

9.5. Following dispatch of your Goods, Plus Gaming will email you with confirmation of dispatch including a tracking number and an invoice for your Order.

9.6. Installation or set up of the Goods is not included as part of the Delivery Charge.

9.7. If there is change to the delivery date Plus Gaming require a minimum of 24 hours’ notice prior to delivery.

9.8. When you purchase delivery for your Goods, you agree to comply with the delivery requirements specified below.
(a) If the person named on the Order confirmation is not at the delivery address to receive the Order, Plus Gaming will endeavour to contact the named customer to obtain their consent and acknowledgement that any person at the delivery address who receives the Goods is authorised by the customer to receive the Order. If Plus Gaming cannot contact the named customer, if no authorised person is present to accept delivery or if the named customer requests for delivery at a different time, then Plus Gaming may charge an additional fee to redeliver the Goods.
(b) The person accepting delivery of the Order must print their name and sign the delivery manifest with the time and date of the delivery. The person may also be required to provide photo identification in order to verify his or her identity.
(c) Delivery will be made to the nominated address. Goods will not be delivered to any location other than the address on the Order confirmation.

9.9 Door to door delivery by Australia post is Plus Gaming’s standard delivery service where your Goods will be delivered to your nominated delivery address.

9.10 We aim to get every order off as soon as possible, subject to availability of goods set out in section 8.1. Please note that postage times can vary depending on public holiday, weekends, location, natural disasters, Australia Post investigations and other uncontrollable factors. These time frames are out of our control, we will try our best to ensure you receive your parcel ASAP.

9.11 In the event that your parcel is held up or is lost, it may take up to three months to receive an answer from the Australia Post Investigation team. Unfortunately these Australia Post timeframes are uncontrollable and we will do our best to rectify the issue ASAP.

9.12. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Plus Gaming will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the delivery of the Goods, including, where arising as a result of:
(a) any third party interference;
(b) any late or lost deliveries; or
(c) the Goods being misdirected.

9.13. As at the date of these Terms and Conditions, Plus Gaming offer the Delivery Options below. Plus Gaming may change the Delivery Options at any time, including amending, removing or introducing a Delivery Option.

10. PICK-UP OF GOODS IN STORE

10.1. Many Goods can be picked up from the Plus Gaming store rather than being delivered to you and can be selected at time of ordering. If you are unable to collect from the below address DO NOT pick this option:

Technology Business Centre Ballarat/Plus Gaming
112 Doveton Street South
BALLARAT Vic 3350
Australia

10.2. Only the person named on the Order confirmation may pick up the Goods in-store.

10.3. If you choose to pick up your Order in store, once Plus Gaming has confirmed that the Order is available for pick up, you may pick up the Order during the business hours of the store.

10.4. When picking up Goods in store:
(a) you must provide photo identification (current drivers licence, passport, or any government issued photo ID card) to store staff to verify that you are the purchaser. If requested, you must allow Plus Gaming to take a copy of this identification for fraud prevention purposes. The copy will not be used by Plus Gaming for any other purpose;
(b) you will also need to bring the email that Plus Gaming has sent to you confirming that the Goods are available for pick-up; and
(c) store staff have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above. In this event Plus Gaming will contact the person who placed the Order using the contact details provided.

10.6. Plus Gaming reserves the right to allocate Goods that are not collected within 28 days of the date of your Order to another customer order and to reorder the Goods for you.

10.7. If you fail to collect the Goods within 90 days of the date of your Order, at Plus Gaming’s discretion, Plus Gaming advise you that the order has been cancelled and refund your money in accordance with 12.1.

11. DELAY IN AVAILABILITY OR DELIVERY OF GOODS

11.1. You agree and acknowledge that:
(a) Plus Gaming does not guarantee the dispatch or delivery or availability of Goods within the estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order or any other timeframes otherwise specified by Plus Gaming or any of its staff;
(b) stock availability and events outside Plus Gaming’s control may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in store;
(c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays and new product launches; and
(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither Plus Gaming nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

12. REFUNDS OF YOUR MONEY

12.1. Where Plus Gaming is obliged to refund your payment pursuant to these Terms and Conditions, Plus Gaming aims to initiate your refund within 2 business days (Monday – Friday 9am to 5pm Melbourne time) using Stripe. The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund. Please note that if Plus Gaming is obliged to provide you a partial refund of your payment for specific Goods in your Order, Plus Gaming will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.

12.2. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), Plus Gaming will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

13. RETURNS/FAULTY OR DAMAGED GOODS

13.1. Plus Gaming is not required to provide a refund or replacement for any change of mind purchases.

13.2. You should check your Goods as soon as they are delivered to you in order to ensure that:
(a) they are what you ordered; and
(b) they are not damaged or faulty. If this is not the case, you should contact Plus Gaming as soon as possible.

13.3. If you believe goods to be damaged or faulty:
(a) Complete the Returns/Faulty or Damaged goods form that was provided with your delivery, (if none was provided please email [email protected] and we will send one to you), attach proof of purchase and email to [email protected]
(b) Our customer service representative will be in contact you within 0-3 business days to discuss your faulty/damaged goods and outline the options available to you to return the goods for assessment in accordance with clause 13.5.
(c) If the Goods are accepted for return our customer representative will email you with a Returns Approval and mailing label to return the goods for assessment.

13.4. When returning Goods:
(a) the Returns Approval must be printed and included with your return;
(b) the goods returned must match the details included in the Returns Approval or the return will be rejected;
(c) all returned faulty goods need to be in the same condition as at the original time of sale (all items in the box, no marks). Plus Gaming has the right to refuse a refund/replacement if the item is not in good condition. This can include, but not limited to moisture to the device, scratches or fractures;
(d) you must also return any Bonus Offers included with the original purchase;
(e) ensure all personal data is backed up before returning.

13.5. All items returned for refund/replacement will be assessed in store to determine if it is eligible for a replacement or refund. Plus Gaming hold the right to send a device or equipment off to the manufacturer to assess further if fault cannot be replicated in store. If an item has failed quality inspection and only has minor failure, we can send it off for repair within a reasonable time. If your item is deemed fault it may be repaired or replaced with a refurbished unit of the same type. If an item has been deemed to have major failure you can choose for a refund or replacement. This includes:
a) It is unsafe
b) Major failure that can be replicated in store
c) Is significantly different from the description
d) Does not do what we said it would and can not be easily fixed.

13.6. You may not be entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

13.7. All returned products must be received by Plus Gaming within 30 days after Return Approval number has been given.

14. MORE INFORMATION ABOUT PLUSIT’S LIABILITY TO YOU

14.1. To the full extent permitted at law, Plus Gaming is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.

15. GENERAL

15.1. Plus Gaming reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

15.2. Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

15.3. These Terms and Conditions are governed by the laws of Victoria, Australia.