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Terms & Conditions
The use of exclusivegames.co.nz and purchase of any products or services from exclusivegames.co.nz shall be governed by the following terms and conditions.
Price:
Price quoted is in New Zealand dollars and includes Goods and Services tax of 12.5%
Prices quoted do not include freight charges as these will be determined separately depending on location of delivery point.
Exclusive Games may alter any price at any time.
Consumer Guarantees Act 1993:
Where the customer is acquiring the product for the purposes of a business then the Consumer Guarantees Act shall not apply.
Where a customer is acquiring the product for purposes other than that of a business then these terms and conditions shall be interpreted subject to the customers’ rights under the Consumer Guarantees Act 1993.
Errors or Omissions:
Errors or omission in pricing may be changed by Exclusive Games and any orders may be rejected and refunded to the customer when the error is detected. If an order has already been delivered Exclusive Games will notify the customer promptly of any error or omission found and provide the customer the option of returning the goods for a full refund or to pay the difference if undercharged or have the difference refunded if overcharged.
While our best efforts are made to ensure correct stock levels are accurate, Exclusive Games cannot be responsible for any errors in stock levels. Exclusive Games will notify the customer promptly of any error discovered and give the customer the option of a full refund.
Payment:
Payment is to be made upon ordering of goods by direct debit or credit card (Visa or Mastercard). Goods will not be shipped until payment has been received in full. If some goods cannot be shipped due to unavailability, the customer will be refunded the amount of goods and any difference in freight that was incurred.
Payment shall be made in New Zealand currency.
Product Description:
Exclusive Games relies on information and product descriptions from its suppliers and product manufacturers. Descriptions, illustrations and literature are therefore not binding upon Exclusive Games. If the product descriptions do not match the products on Exclusive Games website the customer should notify Exclusive Games so that remedial action may be taken.
Ordering:
Ordering will be made via customers personal login.
Exclusive Games acceptance of an order will be upon shipping of said order and that will constitute fulfilling of the purchasing contract.
Estimated delivery times will be within 3 working days of receiving the full order payment.
If a customer wishes to change or cancel an order, that request must be received in writing by Exclusive Games prior to shipping and any restocking may incur a restocking fee of up to 20% of the value of the goods being restocked.
Exclusive Games reserves the right to cancel any order, in full or in part, for any reason and will refund the customer appropriately.
Stock levels:
If a product has been ordered but is found to be out of stock the customer may choose to wait for the product to come in on backorder or cancel that part of the order that is out of stock.
Shipping terms:
Shipping of goods from Exclusive Games will be made to addresses within New Zealand only.
Shipping is estimated at taking no longer than 3 working days after receipt of the full order payment. Some rural addresses may take an extra day or two.
Risk of loss:
The goods are entirely at the risk of the customer after they have left Exclusive Games or its delivery points, other than the responsibility of the carrier to deliver the goods.
Inspection of goods:
Goods must be signed for upon receipt to indicate that they have been received in full and that the packaging has incurred no damage. If this is not the case the carriers note must state this.
Unless the customer has provided Exclusive Games with written notification within 7 days of collection or receipt of delivery of the goods, that the goods do not comply with specifications then the goods shall be deemed to have been accepted in good condition and order.
Exclusive Games Liability and maintenance warranties:
The customer shall ensure the goods are fit and suitable for the purpose for which they are required and Exclusive Games is under no liability if they are not.
The customer is entitled to only such benefits as are covered under the manufacturers warranties as available to the customer or Exclusive Games.
The warranties do not cover damage from misuse, accident, negligence, inappropriate or improper use, maintenance, installation, modification or adjustment.
Exclusive Games Liability under this contract and the warranty in this clause is confined to the customer named in this contract, it being agreed that Exclusive Games has no liability to any purchaser of the goods from the customer in that the customers rights under this contract are not consignable without the express written consent of Exclusive Games.
Return of Goods:
No goods shall be accepted unless Exclusive Games has previously agreed in writing. If Exclusive Games agrees to the return of goods, they must be unsoiled, undamaged and in re-saleable condition. Delivery of the goods to Exclusive Games shall be at the customers expense and no refund shall be given until the goods have been checked and deemed to comply with this return policy. A restocking fee of up to 20% of the invoice total may be charged by Exclusive Games.
No software may be returned due to the risk of piracy and theft. Any software issues should be brought up with the software provider/developer.
Force Majeure
Exclusive Games or its employees shall not be liable to the customer for any loss or damage directly or indirectly arising out of or in connection with any delay in the delivery of goods, or failure to perform any term in this contract where such delay or failure is caused directly or indirectly by an Act of God, fire, armed conflict, civil disturbance, labour dispute, government intervention, materials or facilities and accidents, interruptions or delays in transport, or any other reason beyond Exclusive Games control.
Compliance with Law:
Where a good has a restriction by age, or censorship rating, it is the customers sole responsibility to abide by the law and ensure that the customer making the purchase is of the legal required age for said product. The customer has sole responsibility to ensure that the use of goods purchased is within the law.
Any claim or dispute arising shall ne subject to arbitration in accordance with the Arbitration Act 1996.
These Terms and Conditions shall be governed by New Zealand Law.
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