General Terms and Conditions
From: The Game Room
Article 1. Scope
These General Terms and Conditions (hereinafter: “Terms”) apply exclusively to all offers, orders and agreements of The Game Room (hereinafter: “The Game Room”), unless expressly agreed otherwise in writing.
By accepting an offer or placing an order, you acknowledge the applicability of these Terms.
Any deviations from these Terms must be made in writing. All other provisions shall remain valid even in the event of a deviation.
All rights granted to The Game Room under these Terms and in any separate agreements shall also apply to any third parties engaged by The Game Room.
Article 2. Offers and Formation of Contract
All offers of The Game Room are non-binding. We expressly reserve the right to change prices — in particular where required by law (see also Article 3.6).
A contract is only formed upon the express acceptance of your order by The Game Room. The Game Room is entitled to refuse orders or to attach certain conditions to delivery. If an order is not accepted, you will be notified within ten (10) business days.
Article 3. Prices and Payment
The stated prices are in Australian Dollars (AUD) and include Goods and Services Tax (GST) where applicable, unless otherwise indicated or agreed in writing. The actual shipping costs will be displayed during the ordering process.
Payments shall be made using the methods specified at checkout.
The Game Room protects your data through the use of SSL (Secure Socket Layer) and stores your payment and address details securely on a protected server.
In the unlikely event of misuse of your payment details, please first contact your bank or payment provider. In addition, we request that you notify us by email at [email protected]. Most banks accept liability for losses resulting from data misuse.
In the event of late payment, The Game Room is entitled to suspend delivery or withdraw from the contract.
If prices increase between the time of ordering and execution, you may withdraw from the contract within ten (10) days after notification of the price adjustment.
Article 4. Delivery and Collection
The delivery times stated by The Game Room are indicative only. Exceeding a delivery time does not entitle you to claim damages or to cancel the contract, unless the delay is unreasonable.
Delivery takes place on business days as soon as the goods are ready for dispatch. For orders placed before 3:00 pm, dispatch will generally occur on the next business day.
Alternatively, collection may be arranged. In this case, shipping costs will not apply. The place and time of collection will be agreed individually. Where a telephone number or email address has been provided, contact will be made accordingly.
Article 5. Retention of Title
The delivered goods remain the property of The Game Room until full payment has been received.
The risk of damage to or loss of the goods passes to you upon delivery.
Article 6. Copyright and Intellectual Property Rights
All delivered products are subject to intellectual property protection. You undertake to respect these rights.
The Game Room accepts no liability for any infringement of third-party intellectual property rights by the delivered products.
Article 7. Complaints, Right of Return and Liability
Please inspect your delivery immediately upon receipt. Any complaints must be submitted to The Game Room in writing no later than fourteen (14) days after receipt.
If a product deviates from the contract, it may be returned or replaced with an equivalent product. Alternatively, a refund will be issued.
You have the right to return an item within fourteen (14) days after receipt without giving reasons, provided the item is returned undamaged and, where possible, in its original packaging including accessories. Return shipping costs are borne by the customer.
After registering the return using the appropriate return form, the item must be returned within fourteen (14) days. The refund will be processed within fourteen (14) days after receipt of the goods using the original payment method. Please quote your order number.
Digital content or services supplied without physical delivery may also be cancelled within at least fourteen (14) days. No reason is required, but one may be provided voluntarily.
Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law (ACL).
If you have a complaint, you may use our contact form.
Article 8. Orders and Communication
The Game Room accepts no liability for misunderstandings, delays or data loss resulting from the use of the internet or other means of communication between you and The Game Room or third parties, unless caused by intent or gross negligence.
Article 9. Force Majeure
In the event of force majeure, The Game Room is entitled to suspend performance of the contract or to withdraw from the contract without being liable for damages.
Force majeure exists where the cause lies outside the control of The Game Room and cannot be attributed to it under law or contract.
Article 10. Miscellaneous
By providing your address, you agree that The Game Room may deliver to that address unless you notify us in writing of an alternative delivery address.
If The Game Room temporarily tolerates deviations from these Terms, this shall not constitute a waiver of rights.
If any provision of these Terms is invalid, it shall be replaced by a legally permissible provision that most closely reflects the original intent.
The Game Room is entitled to engage third parties to fulfil orders.
Article 11. Governing Law and Jurisdiction
These Terms are governed by the laws of Western Australia, Australia.
The courts of Western Australia shall have jurisdiction to the extent permitted by law.