The following terms and conditions apply to your use of the Gear4Games - Australia website ("gear4games.com.au") by Gear4Games Pty Ltd (Australian Business Number) ABN 46 640 580 383, (hereinafter referred to as Gear4Games ) and its customers. Your use of the web site indicates your acceptance of these terms and conditions. These terms and conditions are subject to change by Gear4Games. Gear4Games may change the content of its terms and conditions at any time without any prior notice to anyone.
By becoming a member of Gear4Games , the customer herein agrees to be bound to the terms and conditions listed on Gear4Games.
Placing Order / Pricing
Any Quotation made by Gear4Games is not an offer to sell, and no order given in pursuance of any Quotation shall bind the company unless accepted by it. Unless otherwise agreed in writing, all orders are subject to acceptance by Gear4Games within seven (7) days of receipt by Gear4Games of the customer's offer.
All pricing is in Australian dollars and inclusive of GST. Please note that pricing and stock availability are subject to change without prior notice. Gear4Games reserves the right not to sell below its cost. All orders placed are subject to confirmation and acceptance by Gear4Games.
Gear4Games may vary prices in the event of price changes or mistakes made by suppliers on reasonable prior notice to you. If Gear4Games requests payment for increased prices, you may cancel the order by giving notice to Gear4Games , which must be received within seven days of the announcement of the increase.
To minimize errors and improve efficiency, orders should be placed using our on-line ordering system whenever possible.
Price may vary depending upon location due to freight costs and other logistical requirements.
Gear4Games reserves the rights to adjust freight cost at any time.
We do not ship internationally.
We do not ship to third party addresses unless that address is known and can be verified by Gear4Games.
Customers are responsible to have someone at the delivery address to sign for and accept the delivery. Cost for re-delivery attempts will be passed to the customers if the delivery address is unattended at the time of delivery.
After your order is placed, you will be sent an E-mail acknowledgement which will include an Internet link with your order tracking number which can be used to track your order status.
Any date Quoted for delivery is an estimate only, and unless a guarantee shall have been given by Gear4Games in writing providing for liquidated damages for failure to deliver by the Quoted date, Gear4Games shall not be liable to the Customer for any loss or damage howsoever arising for failure to deliver on or before the Quoted date. The Customer shall accept and pay for Products, not withstanding any failure by Gear4Games to deliver by the Quoted date.
Goods specially ordered in, must be fully paid for prior to delivery & cannot be returned or exchanged without express approval from Gear4Games in writing. The latter case would still attract the normal restocking fee.
Returns / Refunds / Cancellations
We do not give refunds or exchanges if you:
- simply change your mind; or
- purchased the wrong product; or
- already knew of a particular fault in a product, or we specifically advised you of a particular fault in a product; or
- damage a product after purchase due to alterations to the product not performed by us, damage the product due to unusual or non-recommended use of the product or damage the product where the damage is caused by any factors beyond our control; or
- no proof of purchase is provided.
Goods Returning For Credit/Refund
If a product is faulty, does not match the description or is unfit for its intended purpose a refund may be available upon request.
However Gear4Games reserves the right to confirm the unsuitability of the product before a refund is issued.
Under ACCC guidelines for refunds of goods under warranty claims - specifically the ACCC quotes as follows on their web site :
"If the goods being returned have had a fair amount of use then you may be entitled to a partial refund only or to repair the product instead"
Defective items within the DOA period of 7 days, take 2-5 business days for us to process and ship the replacement item to you.
Defective items returned for warranty after the DOA period generally take 2-8 weeks to be sent back to the manufacturer for repair or replacement.
Please also note that incompatibility is NOT a fault. We cannot ensure what you purchased is compatible with what you have existing.
Return/Refund on non-faulty products
In some circumstances, we are happy to offer our consumers with a conditional courtesy return if consumers want to exchange products purchased incorrectly provided the:
- Customer notifies Gear4Games within 7 days of receipt of delivery of the product;
- Products are not opened, used and are still in pristine condition;
- Customer accepts a maximum restocking fee up to 25% of the purchase price;
- Gear4Games may reject the return upon inspecting the condition of the products and will return the products to the customer at the customer’s expense.
- Customers may request a cancellation of your order, provided your order has not already been Processed and in the Pending/Processing status.
Note that all cancellations are processed at the discretion of Gear4Games staff - this is not an automated process.
Depending on the items ordered, cancellation is not a straightforward process and may result in a restocking fee up to 25% fee to cover our labour/transport cost in preparing your order.
Please also be aware that any transaction fees that have been applied to your order at time of placement will not be refunded as this cost has been incurred by Gear4Games at time of charge
Cancellation after dispatch of your order is not possible in most cases.
There will be no credit given on order price difference, due to price drops. Please select carefully at the time when you place your order. Product returned for credit/refund is not possible in our store. We may offer a credit with a 25% restocking fee on some special circumstances.
Any incorrect, missing or damaged items received must be reported to Gear4Games within 24 hours of you receiving the delivery. This can only be done by Email, a phone, or your submission of a Warranty Request Form.
If item(s) received is not what was ordered please do not open the sealed package in which it was sent. Any attempt to use the incorrect item will be deemed to be accepted by the customer of the item(s) as a satisfactory substitute for the one that was ordered and no further claim can be raised thereafter.
Gear4Games owns the title of any extra goods shipped with your order that have been dispatched in error.
If requested by Gear4Games, the Customer may be required to provide information in that Gear4Games can easily assist the Customer with any monetary refund or cancellation. This information may include member's names, address, home phone, work phone, credit card details and other relevant information required by Gear4Games. Failure to provide sufficient information may delay the refund or cancellation, Gear4Games is not to be held responsible for any delays according to the clause provided by Gear4Games. Any attempt to cancel an order must be made as soon as possible. Cancellations attempted after the despatching will result in the customer having to pay the shipping and handling charges on the package and the cost of shipping the package back.
Cancellations may be communicated by telephone and email only.
All goods sold by Gear4Games come with a one-year back to base manufacturer warranty, it can only be shorter if a special note is mentioned about an item. All the peripheral components are covered by standard manufacturer warranty.
Goods under warranty cover will be replaced or repaired by the manufacturers. A refund may be available if a product is not of merchantable quality, does not fit the description provided or is unfit for its purpose.
Gear4Games is responsible for the handling of most products warranty processes. Warranties for individual parts we sell are provided by the manufacturers, not Gear4Games.
Warranty only covers the item(s) sold by Gear4Games. Warranty does not cover any other equipment used in conjunction with the item(s) sold by Gear4Games.
DOA (Dead on arrival) items are eligible for refund or replacement. DOA items must be reported within 7 days from the time you receive your goods. Failure to report a DOA item within 7 days will result in you not being able to claim the item as a DOA. All products are eligible for warranty claim even after a 7 day period.
Please complete the online warranty return form to obtain an "RA" number from Gear4Games & clearly mark goods with the same, attaching copy of original purchase invoice, Gear4Games warranty & serial number labels must be clearly attached, at their removal voids warranty. Any unauthorised repair or upgrade voids warranty. Please refer to specific warranty conditions on warranty cards supplied with goods. Unless a unit is dead on arrival or damaged in transit, in this case must be received within 7 days of invoice date, goods remain the property of your customer & will be processed by the relevant manufacturer of agent as soon as possible. Gear4Games will not be liable for any loss, whether material or not of such goods.
All warranties are voided if the returned product is found in any way to be mishandled, misinstalled, modified, tampered, abused, physically damaged or used under wrong voltage etc.
Gear4Games is not responsible for data contents or the security of the data contents contained in any returned goods. Our workshop works under strict guidelines, not to intercept with any customer data. Despite this customers should back up any data prior to sending the goods back to us; data can be destroyed during our testing. It is also beyond the scope of our control once the device is sent to our supplier. We do not provide data recovery service.
Customer is responsible for proper packaging of RA returns. All warranties will be void on items that are insufficiently or inaccurately packaged. Customer is responsible for all the shipping charges associated with returning the defective merchandise. If any item(s) returned for warranty claim is determined to be physically damaged, the item(s) will be returned to the customer as is.
All costs incurred in returning non-faulty or incorrectly chosen products to us for repair, refund, replacement or credit are your responsibility. Gear4Games is not responsible for any parcel missing in transit, on its return back to Gear4Games. Non-faulty product does not include any product which is not of merchantable quality, does not fit the description provided, or is unfit for its purpose.
Warranty turnaround time
Turnaround time for warranty claims largely depends on the suppliers or the distributors. We will try our best to speed up the process. Please understand the time involved for a warranty claim will include: our time to test the item, shipping back to the supplier, supplier??s own test and replacement/repair, and the shipping back to us
We do not provide advance replacement under any circumstances. Please keep this in mind when you place your order. Gear4Games is not responsible for any losses resulting from the time it takes to have the faulty item replaced or repaired.
If you will be using the item(s) for mission critical tasks, be it running a business, using it to prepare an examination, using it for a pre-organised game party etc, you should consider purchasing it from a provider that offers instant replacement.
Unless otherwise agreed in writing, payment for products supplied shall be made in full by the Customer to Gear4Games without deduction or demand, within the approved term as advised by Gear4Games, or in the absence of a term approved by Gear4Games , within (7) days from the order date.
Payment for products ordered through Gear4Games can be made by PAYPAL/VISA/MASTERCARD/AMEX/
a/ Gear4Games shall not be liable to the Customer, or to any other person whomsoever, for any loss or damage whatsoever or howsoever caused arising directly or directly in connection with the Products, other than expressly imposed by statute in terms of which it is not possible to limit or exclude liability.
b/ Gear4Games expressly excludes liability for consequential loss or damage including but not limited to loss of profit, business, revenue, goodwill or anticipated savings.
Retention of Title
The title to the Products will pass to the Customer when payment in full for the Products has been received by Gear4Games. Until the Customer has paid to Gear4Games the full purchase price:
Customer shall hold the Products as bailee for Gear4Games.
- the Products shall be stored at the Customer's risk, and in such manner that they are readily distinguishable from other products owned by the Customer or other persons.
- the Customer shall indemnify Gear4Games against any claim, action, proceeding, damage, loss, costs, expense or liability whatsoever, arising out of the possession, use or disposal of the Products by Gear4Games, or repossession or attempted repossession by Gear4Games.
- any sale of the Products shall be effected as bailee for Gear4Games, and the proceeds of such sale shall be held on trust for Gear4Games. The proceeds of such sales must be held in a separate account or otherwise clearly identified in the books and records of the Customer.
- the Customer shall permit Gear4Games to inspect the Products, and the records and books of the Customer to the extent that they relate to the Products.
- reserve right of entry to inspect or recover goods owned by Gear4Games, wherever they are located.
Due to changing market forces and other extenuating circumstances that affect product availability, and price stability we reserve the right to withdraw any product we advertise and change prices without notice.
Information contained throughout the web pages and in our database is believed to be accurate and reliable at the time of publishing. There may be misprints, human errors, and omissions. We reserve the right to make changes and corrections in prices, products, and specifications without notice.
Images displayed on this web site should be regarded as illustrative and informational purposes only. The actual products are often not identical to the images. Hyperlinks (URL) provided throughout our product pages can only be used as references only. The products we carry are often not identical as the contents contained in the links. If unsure, please contact our sales team.
Obligations of the Customer
As a member of Gear4Games, the Customer must provide current, complete, and accurate information about the Customer at all times.
The Customer is entirely responsible for their account which includes confidentiality, any and all activities through using the Customer's account, Gear4Games will not be held responsible in any manner.
On the first purchase the Customer places with Gear4Games, the Customer might be required to provide additional identification to Gear4Games to help eliminate Internet credit card fraud and to provide additional security.
Gear4Games reserves the right to terminate a Customer's account if it is found to contain false, incomplete, inaccurate information. If any security concerns or breaches arise from the Customer, they shall report it to Gear4Games immediately.
Gear4Games does not store any credit card details for any Customers. The Customer will ensure that credit card details are their sole responsibility to safeguard.