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Terms and Conditions

Your use (accessing, browsing, buying, etc.) of Games101.com.au, is your legal agreement to the policies, terms and conditions below. You also agree to comply with all applicable laws and regulations, including Australian export and re-export control regulations. If you do not agree to these terms, do not use this site. Games101.com.au products, prices, availability and rebates may vary from Games101 offices. Games101.com.au is required by law to collect GST on all purchases made at Games101.com.au. Contact us at info@games101.com.au or +61 3 9029 4759 if you have any queries
 
Definitions

"games101", "Games101", "www.games101.com.au" means Games101 ABN 47 058 817 333 PO Box 429 Richmond, Victoria, 3121, Australia, email info@games101.com.au;

"customer" means the person, firm or company placing an order with Games101 for the supply of goods; and "goods" means the products the subject of an order placed by the customer.

Where there is any conflict or potential inconsistency, these terms and conditions prevail over all other terms, published policies, statements or otherwise found elsewhere on our site.

 

Helpful Information

Customer Information, Comments and Feedback Games101 does not rent, sell or otherwise forward your name to other companies. Please see our Privacy Policy  or Security Policy for more information about your confidentiality. Comments or ideas transmitted to this site become the sole property of Games101 and may be shared to expand or improve the functionality of the site or of our product or service offerings or for any other reason.


Pre-Orders Please be aware that while all pre-orders will be fulfilled, date of fulfillment is subject to stock on hand. Pre-orders are on a first come, first-served basis. Games101 cannot therefore guarantee shipping dates, but will make all reasonable efforts to advise Customers of expected dates of dispatch, and any known delays.

Fullfilment of Orders If items are shown as being "in stock" or available from a certain "expected in stock date", then if for any reason we are unable to dispatch an order within 48 hours of the online order being placed, or within 48 hours from the "expected in stock date" we will contact you by phone or email to arrange either an agreeable alternative product or a refund in the case where any subsequent delay is unacceptable to you.

Stock Levels Stock levels shown are estimates only, and actual stock availability may vary. Availability will be confirmed with the Customer following placement of a firm order. Due to the dynamic nature of internet/ online orders and the size of our inventory, stock shown as available may not be actually be available, under soem circumstances.

We reserve the right, following placement of your order and receipt of your payment, and at any time up to despatch of your order, to not accept your order and cancel it at any time, for any reason, at our sole discretion. We will refund payment received by us in full in such circumstances.

Payment and Shipping Information Paying by Credit Card We gladly accept Visa, MasterCard and American Express. Credit Card surcharges are as follows: Visa/MasterCard NIL%; American Express, JCB & PayPal 3%. Non Australian issued credit cards also attract a 3% surcharge. Please see our Privacy Policy  or Security Policy for more information about your credit card safety. If your shipping address is different from your billing address, Games101 requires that this address be listed on your credit card account as an alternate address for shipping purposes only. You can contact your credit card company by calling the 1800 or reference number on the back of your credit card.

Games101 requires the "ship to" address to match the "bill to" address or the alternate address of your credit card to protect our customers from credit card fraud. Your transactions are processed by Securepay directly to our Westpac account. We reserve the right to take reasonable measures to verify your identity following acceptance and payment of an order but prior to despatch of goods. We also reserve the right to cancel your order at any time and refund your payment in full, without notice and at our sole discretion.

Customer Identifcation We may shorty after processing your order place it on hold until such time as you can verify your identity with us. We reserve the right at all times to ask you to reasonably identify yourself as being the credit card holder prior to Games101 shipping any orders. The process may involve a verification process.

For your security and ours, Games101 operates the Merchant Protect Chargeback Guardian to actively and positively authenticate credit card payments.

By placing an order with Games101, you agree to provide information to assist with identity verification checks at our request.

Payment and Shipping Information Paying by PayPal The PayPal service allows anyone to pay in any way they prefer, including through credit cards, bank accounts, buyer credit or account balances, without sharing financial information. There is a 3% surcharge for use of PayPal on our service. Please note that "unverified" PayPal accounts will need to be manually verified by Games101. Please "verify" your account with PayPal at your earliest opportunity to save time later.

Minimum Order : Games101 has a minimum order policy of $15 inclusive of GST. Postage or Courier charges are additional to this amount. Customers will be advised if their cart value is less than this amount, and will be requested to make additional selections.

Shipping (Games101.com.au) Australian Shipments If your package is lost or damaged, please send us an e-mail at info@games101.com.au or contact our Customer Service Centre on (03) 9029 4759. At this time we are unable to ship to Post Office Box addresses.


International Shipments At this time we are unable to ship internationally, unless arranged with us directly via email info@games101.com.au or telephone +61 3 9029 4759.

Shipping Details We usually ship orders with ship orders via the Australia Post E-Parcel system or Australian Air Express courier. Once you have an account with us, you can track your order online. For your protection, we do not expose Australia Post or Australian Air Express tracking numbers except via direct communications to you or via your Games101 account.  As a guide, our freight charges and available options are shown at time of checkout, and courier option may not be available if items are large or bulky.

We will confirm freight charges with you prior to despatch should they exceed the amount shown at checkout, and freight may be charged to your account separately.

Delivery times can be anywhere between 2 and 10 working days from payment date, depending on your location. For example, if you live in metropolitan Sydney, it is likely you will receive your goods before a customer living in a rural, regional or interstate location. We ask you to allow up to 10 working days from the date of payment for the delivery of your goods. You will be sent an email notifying you when your item has left our warehouse. This email will include the name of the carrier company and the consignment note number of your item. Many of our carriers offer you the opportunity to track your goods through their website.  If this is the case, the relevant web address will be provided in your dispatch email.  If you have not received your goods after 10 working days, please contact Customer Service.

We may change our freight handlers at any time without notice.

Free Shipping for Selected Games Titles & BluRay Movies

When you see the LOGO below the item it is next to is shipped free. These will generably be Emailed Game Cards, Points and some special offers.

 

 

Software Downloads Software downloads are subject to the applicable End User License Agreement ("EULA") and our software download procedures. Upon verification of payment, you will receive an e-mail with download instructions.
Signature For your protection, all shipments require a signature at the delivery point.

Tax Exemption If you are a GST-exempt customer, please call us at (03) 9029 4759 (Monday - Friday 8:30 a.m. - 5 p.m AEST) to pre-qualify. Our representatives will be happy to walk you through the process. For your convenience, your information will be kept on file for future purchases.

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Pricing

Games101 offers thousands of products across mutliple categories from various suppliers. Product prices are dynamically updated by our in house management system when price changes are received from our suppliers - so they may change without notice.

Online pricing and availability: Prices, specifications and availability of products are subject to change without notice and are shown in Australian dollars ($AUD). Due to the unpredictable nature of the technology and games market, descriptions may not always reflect current technical information. Any typographical, photographic or specification error in products or pricing is subject to correction. Internet orders generate an automatic confirmation and response e-mail. These automatic confirmations and response e-mails are subject to correction prior to shipment due to errors, changing market conditions, product discontinuation or unavailability, typographical errors, or any other reason. Our internet pages are an invitation for you to make us an offer to buy the items described; our shipment constitutes our acceptance of your offer. All orders placed over $300 must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance program. We will notify you of any corrections or changes and ask for your approval before we complete your order. We will not complete your order until we have your approval. We reserve the right to limit sales, including the right to prohibit sales to resellers, even after we have received and confirmed your order. Published prices do not include shipping and insurance. Proof of identity may be requested at any time prior to shipment of orders. Proof of purchase and postage may be required for rebates. Verification of student and/or teacher and/or lecturer status is required for Academic rebates, where available and applicable.

Suggested Retail Price (SRP): SRP is provided to Games101 by our suppliers, product distributors and manufacturers, and Games101 accepts no responsibility for their accuracy or validity period, and these are displayed for Customer guidance only.

Discount Pricing : Discount pricing calculation where shown on our website as a percentage off the SRP is provided on the basis that it is accurate to the nearest whole percentage, rounded downwards. Actual discount priciing may vary slightly due to rounding errors.

Discount Offers : Games101 may offer some or all of its Customers discount codes for use by Customers when purchasing product. These Discount Offers exclude products categorised as "specials", hardware, consoles and freight at all times. Discount offers are by invitation to our Customers only, are non transferable except at our discretion, cannot be redeemed for cash, cannot be used in conjunction with any other offer including other discount offers, and expire at the nominated dates as advertised or 6 months from issue date, whichever is the earliest. Discount codes may be in the form of a fixed percentage or a fixed amount in Australian dollars, and may be limited to the number of uses per Customer, per household, per delivery address or per credit card/PayPal account, as advised by Games101 from time to time with each offer. A limit of 1 per Customer is deemed to mean one coupon per any one of : - actual Customer or per address (billing or delivery) or per household or per credit card or per PayPal account. Games101 may withdraw any discount offer at its sole discretion at any time without prior notice.

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Warranties And Rebates : Limited Warranties Games101 does not warrant other manufacturers' products sold online or in our stores. The products are backed by the limited warranties of the original manufacturer or publisher only. Consult your product documentation for specific limited warranty information. Downloaded software is subject to the EULA and may not come with manuals or disks. We recommend you review the software publisher's policy about manuals and disks prior to your purchase of the software

New Product Manufacturer's Warranties All new products are sold with the manufacturer's limited warranty. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request addressed to Games101,  PO Box 429, Richmond, Victoria, 3121, Australia. Games101 also offers 2, 3, 4 and 5 years Extended Warranties for an additional cost.

Extended Warranties On some products, Games101 offers 2, 3, 4 and 5 years Extended Warranties for an additional cost. These service plans offer comprehensive coverage and support above and beyond the manufacturer's warranty.

Manufacturer Rebates Rebate and coupon offers provided by manufacturers are subject to the terms specified by the manufacturer. These terms include the timeframe of the offer, limitations on quantities, and combination with other offers. Proof of purchase and UPC codes from the original packaging are normally required for redemption of rebates by the manufacturer or the manufacturer's agent. For rebates on downloaded software, please refer to the instructions on the rebate form; not all rebates may be available for downloaded software. Note: To take advantage of rebates or special pricing with In-Store Pick-Up, your order must be picked up within the timeframe of the offer(s).

Fixed Vaue Vouchers : Customers should please note that  Games101 fixed value vouchers are issued on the basis that they are to be used as a fixed value discount for a single transaction, single use only, with purchased items totals being of equal or greater value to the voucher face value .  Any residual balance on fixed value vouchers is automatically voided and customers using fixed value vouchers agree that they cannot be redeemed for cash, used in conjunction with any other offer, or used to purchase specials or other discounted offers. Vouchers only valid at www.games101.com.au. We can, upon request, manually issue unique, Fixed Vaue Vouchers for any face value amount to be used as electronic gift vouchers. Customer should note that residual value amount on any voucher is void following transaction of lesser value. Fixed value vouchers automtically expire 12 months from first issue, or as marked on each voucher.

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Returns to Games101

Software downloads Software downloads are subject to the applicable EULA. If you successfully download software, you may not return the software for a refund. If you are unable to download the software, you may be eligible for a refund. To request a refund, you must contact us at info@games101.com.au or (03) 9029 4759, M-F 8:30 AM -5:00 PM within 21 days of purchase. No refunds or exchanges are allowed after 21 days from purchase. Games101 will only accept returns of downloaded software in compliance with the applicable EULA. A signed letter of destruction may be required from you prior to a refund being issued. Refunds on purchases made with a credit card will be posted to the original credit card used at the time of sale.
Clearance Products All clearance products (including refurbished, new and open box items) purchased from this website cannot be returned.

Mail-In (RMA) Return Policy For online purchases returned by mail: Contact our Support Center at (03) 9029 4759 to obtain your Return Authorization (RMA) number and details including mailing address and procedures. RMA numbers are valid for 10 days from date of issuance. We are unable to accept returns without an RMA number. To receive a refund or credit, your purchase must be returned with shipping and insurance pre-paid in "as new" condition, in original box and packaging, and with all warranty cards, manuals and accessories. Any variance from these conditions could result in delay or forfeiture of your refund. Shipping and insurance charges are not refunded. Refunds on purchases made with a credit card will only be credited to the same card. Refunds or credits are issued after receipt and inspection of returned goods. Refunds or credits do not include original shipping and handling charges. Shipping fees will not be refunded if shipment is refused at time of delivery. All returns must be shipped prepaid. Games101 will refund shipping charges for defective/damaged merchandise only. Games101.com.au will not accept the return or exchange of any item if the UPC code has been removed from the packaging. Products returned to Games101 without proof delivery may result in forfeiture of your refund.

Returns Exceptions Opened software, Music CD's, DVD/BluRay movies and video games may not be returned for a refund.

Privacy and Security Statement

At Games101 we have implemented stringent security measures and procedures so you can rest assured that any details you submit online remain secure. We are dedicated to ensuring the privacy of our customers
We will not under ANY circumstances divulge any of your personal information to any third party.

Your Games101 User Profile We are required to obtain pertinent information regarding yourself and your delivery destination along with your name, home address, email address and phone number and as mentioned above we will never divulge your personal details to any third party.

Data Use Data containing no personal information relating to your details Games101 may use statistical information regarding sales or page visits obtained through customer sessions. This may be used internally for marketing purposes, or at our discretion forwarded to reputable third parties. Rest assured no personal information relating to our customers.

Cookies The Games101 website utilizes and stores cookies on your computer to record an id we use to identify your session (and only that session), so we know what’s in your shopping basket and whether you need to be charged GST - this information is vital for our online shopping process. Cookies are used for this purpose only and are in no way a detriment to your computer or online shopping experience.

Credit Card Information Your security is of utmost importance to us at Games101 and we have taken every effort to ensure credit card details submitted online are protected from unauthorized parties.

Newsletter After registering with Games101 you are presented with the option to receive informative newsletters to help keep abreast of our exciting new releases and special offers.
It is always possible to later adjust your newsletter preference, or unsubscribe, by Logging On to our site and altering your preference in the My Account page.

For more information refer to our Privacy Policy  or Security Policy


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Links to Third Party Sites. The links to third party sites will let you leave Games101's site. The linked sites are not under the control of Games101 is not responsible for the contents of any linked site or any link contained in a linked site or any changes or updates to such sites. Games101 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site by Games101.

Trailers. The Trailers featured on our website are published for information and amusement purposes only, and are subject to the terms and conditions of Youtube.com and their respective Copyright owners. Customers are advised that trailers are general in nature, and may not accurately reflect the end product, actual gameplay, Australian version or its Australian Government OFLC rating. Customers should not rely on the trailers in making decisions on whether to purchase products.

Cover Artwork. All cover artwork is Copyright and for illustrative purposes only. Cover artwork may change without notice. Any classification rating information shown on cover artwork is subject to Australian classification upon release. Supplied packages may vary form those shown on the website.

Technical Assistance - Software downloads For downloading assistance, return, and refunds, you may email us at info@games101.com.au  or call the Customer Service Centre at (03) 9029 4759, M-F 8:30 AM -5 PM. Games101 does not offer detailed product information or technical support for use of the software. Product information inquiries and technical questions are referred to the publisher's technical support centres.

Disclaimer of Warranty, Title to Goods. GAMES101 HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. This disclaimer in no way affects the term of any manufacturer's warranty. The title to purchased goods is retained by Games101 until goods are paid for by the purchaser.

Disclaimer of warranty for Games101's site. Games101 provides this site and its contents on an "AS IS" basis and makes no warranty or representation, either express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement.

No Consequential Damages. In no event shall Games101, its subsidiaries or affiliates, or their respective officers, directors, employees, representatives, agents, contractors or suppliers (collectively, "Games101") be liable for special, incidental, consequential, punitive, indirect, or other special damages, including but not limited to, loss of data, use, or profits, however caused, whether for breach of contract, negligence, or otherwise, and whether or not Games101 has been advised of the possibility of any such damages.

Revisions to these terms and conditions. Games101 may revise these terms and conditions at any time by updating Games101's site. All revisions to these terms and conditions are effective for transactions after the update. You agree that if any part of these terms and conditions are found to be unenforceable, the remainder of these terms and conditions will remain in full force and effect.

Trademarks and Service Marks. Games101 and the various gaming console and games studios logos are registered trademarks. The trademarks and logos ("the trademarks") used and displayed on this site are trademarks of Games101 or their respective owners. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this site, without the written permission of the trademark owner.

CD-ROM Statement. Many CD-ROM drives read data at variable speeds. CD-ROM speeds noted on this web site or in other Games101 advertising should be considered maximum speeds.


Bundled Software Statement. Some bundled software is preloaded, software manuals/media not included.
General Statement. Advertised Speeds & Capacities are noted as maximum. Actual speeds & storage capacity may vary.

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Limitation of Liability IN NO EVENT SHALL  Games101, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS (THE "Southern Ocean PARTIES") BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, USE, OR PROFITS), HOWEVER CAUSED, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE, AND WHETHER OR NOT THE Games101.com.au PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU AGREE THAT THE Southern Ocean PARTIES MAXIMUM LIABILITY ARISING FROM ANY PRODUCT SOLD BY Southern Ocean SHALL NOT EXCEED THE PRICE OF SUCH PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTIONS LAW IS APPLICABLE TO THIS AGREEMENT.

Governing Law, Miscellaneous By using this site, you agree to be bound by these terms and conditions, and by any revisions, if applicable. These terms and conditions are governed and construed by the laws (but not the rules governing conflicts of law) of the state of Western Australia. You agree that venue and jurisdiction for all disputes will be Perth, Western Australia, Commonwealth of Australia

Copyright Notice All content on this site is the property of and copyrighted by Games101.com.au or its content suppliers or licensors and protected by Australian and international copyright laws. All software used on this site is the property of Games101.com.au or its software suppliers and protected by Australian and international copyright laws. Users of this site may use the content and software on this site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content on this site is strictly prohibited.

Privacy Statement The privacy of our customers is paramount and therefore we have implemented stringent security measures and procedures, the details you submit online remain secure. Under no circumstances do we divulge any customer’s personal information obtained via our website to any third party, except such generic, non customer specific details as required to perform fraud checks. Your security is of utmost importance to us at Games101 and we have taken every effort to ensure credit card details submitted online are protected from unauthorized parties. 

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Affiliate Programs

Games101 has an affiliate program in operation via ClixGalore.

To join our affiliate program, please click on the link below.

 - Success Based Fee calculated on % of sale (our Merchant Id 11016)

 

Alternative Access Websites

http://www.games101.us

http://www.games101.eu

http://www.games101.nl

http://www.games101.gr

http://www.cheapgame.com.au

http://www.bluray101.com.au

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