TERMS AND CONDITIONS FOR GOODS SOLD BY TAK GAMES PTY LTD FROM WWW.TAK-GAMES.COM.AU
These Terms and Conditions constitute a legally binding contract between the customer (“you”) and TAK Games Pty Ltd (ACN 601 950 136) (“TAK Games”) and apply to the ordering purchase, fulfilment and delivery of goods (“Goods”) from tak-games.com.au. By placing an order for Goods from TAK Games 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.
In these Terms and Conditions:
“Account” means a personal account created by you on the Website;
“Delivery Charge” has the meaning given in Section 3.3;
“Order” means an order for Goods, placed on the Website;
“Password” means the password needed to access your Account;
“Pre-Orders” means an Order placed for a product before it is available to be delivered to you;
“Website” means tak-games.com.au
- 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 TAK Games 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.
- PRICING & TAXES
3.1 Prices for Goods are as shown on the Website.
3.2 TAK Games 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 TAK Games.
3.3 In addition to the price for the Goods, you will also need to pay the advertised delivery charge (if any) (“Delivery Charge”). Any Delivery Charge will appear in your shopping cart.
3.4 By placing an Order you agree to pay the price for the Goods and any Delivery Charge.
3.6 All prices and Delivery Charges quoted are in Australian dollars and are inclusive of GST.
- YOUR ACCOUNT
4.1 If you do not already have an Account you will need to create one before placing an Order.
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. You warrant to TAK Games that all information provided by you in relation to your Account is complete, true and accurate
4.4 You must notify TAK Games 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), TAK Games 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 TAK Games, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
4.6 If TAK Games 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 TAK Games then you must pay TAK Games the amount of that loss, damage, cost or expense if TAK Games asks you to.
5.1 You can place an Order by following the instructions on the relevant TAK Games website.
5.2 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. TAK Games may accept or reject your offer in its absolute discretion. In particular, but without limitation, TAK Games may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact firstname.lastname@example.org.
5.3 Each Order that you place will, if accepted by TAK Games, be a separate and binding agreement between you and TAK Games with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.
5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing TAK Games with their personal information and, by placing an Order, you confirm to TAK Games that you have done this.
5.5 Please ensure that you enter all information carefully when placing an Order. You warrant to TAK Games that all information provided by you in relation to each Order is complete, true and accurate.
5.6 Please check your Order carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by TAK Games. TAK Games 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.
5.7 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), TAK Games 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 TAK Games, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all .
5.8 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge will apply to each Order. TAK Games cannot consolidate separate Orders into one delivery.
5.9 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: in order to ensure that you receive each of the Goods as promptly as possible; where the goods are being dispatched from different locations; or where the Goods are of different types (e.g a mixture of sealed and unsealed products). Please note that for all our games Delivery Charges are weight based and consequently you will be required to pay a separate Delivery Charge for each of the Goods ordered, regardless of whether they are delivered to you separately or in one delivery.
5.10 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.
5.11 The internet can be an unstable, and sometimes insecure, 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.
5.15 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), TAK Games 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.
- AFTER YOU HAVE SUBMITTED AN ORDER / PAYMENT
6.1 When you submit an Order you will receive an Order reference number via e-mail.
6.2 TAK Games will process payment for your Order when, or shortly after, you place your Order. Your Order is deemed to be accepted by TAK Games when TAK Games does this, however TAK Games may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that TAK Games cancels your Order having already processed payment, it will refund payment in accordance with Section 13.1. This Section 6.2 does not apply for Pre-Orders which you are paying for by credit card.
6.3 If you are paying for a Pre-Order by credit card, TAK Games will take payment for your Order immediately before dispatch of the Goods to you. Your Order is deemed to be accepted by TAK Games when TAK Games does this.
6.4 In the event that the price of a Pre-Order is permanently reduced between the time that payment is taken pursuant to Section 6.2 above and the time of the dispatch of the Pre-Order, the amount of the price reduction will be refunded to you. For PayPal account payment the time that it takes for the refund to take effect is likely to be between 1 and 10 days and will depend upon how quickly PayPal processes the cancellation.
6.5 When TAK Games accepts an Order it represents an agreement by TAK Games to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.
6.6 You must pay for Goods by credit card (Visa or Mastercard), certain prepaid payment cards, or by PayPal account. If the name on the credit card/payment card/account does not match the name on the Order, TAK Games may 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 you authorise TAK Games to deduct the price and the applicable delivery charge(s) from such card.
6.7 TAK Games reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.
6.8 TAK Games 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, your Order will be placed on hold and TAK Games will contact you to ask you to provide additional information (for example, proof of identity documents) or arrange payment by another method. If you are unable to comply with TAK Games’ requests within the timescale specified, TAK Games may cancel your Order.
6.9 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 we will notify you by email.
- CANCELLATION OF ORDERS
7.1 TAK Games reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. TAK Games may do this for example, but without limitation, where:
(a) TAK Games’ suppliers are unable to supply Goods that they have previously promised to supply;
(b) an event beyond TAK Games’ control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike or failure of computer systems, means that TAK Games 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 TAK Games to cancel your Order in accordance with section 5.6; or
(e) in the circumstances set out in Sections 3.4 or 6.8.
7.2 You may cancel your Order where TAK Games:
(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 advertised on the Website or as set out in these Terms and Conditions, other than a result of any delay for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods.
7.3 Where TAK Games cancels your Order after acceptance it will send you an e-mail notifying you of cancellation..
7.4 In the event of TAK Games or you cancelling your Order after payment has been processed, TAK games 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, TAK Games 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.
- AVAILABILITY OF GOODS/REFURBISHED STOCK
8.1 As TAK Games is dependent upon its Suppliers to provide stock, TAK Games cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. TAK Games 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. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), TAK Games 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.
9.1 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.
9.2 Goods will generally only be delivered to addresses within Australia. TAK Games is unable to deliver to certain parts of Australia and where this is the case the Website will reject your Order. TAK Games may, in its absolute discretion, agree to accept Orders for software products for delivery outside Australia but is under no obligation to do so.
9.3 Where requested, TAK Games will deliver to PO Boxes in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box and you have input a PO Box as the delivery address when placing your Order, TAK Games will call you to arrange an alternative delivery address.
9.4 Following dispatch of your Goods, TAK Games will email you with confirmation of dispatch and an invoice for your Order.
9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, your Goods will be taken to a local depot or post office and a calling card containing the relevant contact details will be left at the delivery address.
9.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address TAK Games may charge you a reasonable fee for doing this.
9.7 For all products products stock will be labelled on the Website as either: “In Stock”, “Awaiting Stock” or “Special Order”:
- In Stock – TAK Games aims to have the Goods dispatched to you within 3 business days (some goods will be dispatched significantly quicker than this).
- Awaiting Stock – the Goods will need to be ordered from the supplier. TAK Games aims to have the Goods dispatched to you within 10-15 business days.
- Special Order – the goods will need to be ordered from the supplier. The time that it takes to source such Goods will vary significantly from 1 week to 12 weeks. TAK Games will contact you in respect of the expected delivery date or you can contact TAK Games before placing your Order for further information.
9.8 Delivery of software products should occur within standard Australian Post delivery times. For all other products, please allow 2-5 days from dispatch for metro courier delivery and 3-7 days for regional areas. Remote deliveries are subject to local transport schedules and may take longer. Where an Order is to be delivered outside Australia, delivery is likely to take between 2-4 weeks by air mail.
- PICK-UP OF GOODS IN STORE
10.1 Many Goods can be picked up from a TAK Games locations rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order. Please note that some Goods are not available for pick up from locations.
10.2 Only the relevant TAK Games Account holder may pick-up Goods ordered on that Account.
10.3 If you choose to pick up your Order, you have the following two options:
- “TAK Games Office” – Goods ordered may be available, at TAK Games discretion, at their offices as listed on our Website. You will be notified via email if this is not possible
- “TAK Games Event” – Goods ordered can be collected at the next TAK Games event that you attend. TAK Games will contact you to request which event you would like to collect your order from.
10.4 When picking up Goods at a TAK Games location:
(a) you must provide photo identification (current drivers licence, passport or Keypass) to store staff to verify that you are the purchaser. If requested, you must allow TAK Games to take a copy of this identification for fraud prevention purposes. The copy will not be used by TAK Games for any other purpose or disclosed to any person outside of TAK Games;
(b) staff will also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods;
(c) you will also need to bring the email that TAK Games has sent to you confirming that the stock is available for pick-up; and
(d) staff have the right to refuse collection of Goods if you cannot or will not satisfy the requirements set out above. In this event TAK Games will contact the person who placed the Order using the contact details provided.
- DELAY IN AVAILABILITY OR DELIVERY OF GOODS
11.1 You agree and acknowledge that:
(a) TAK Games does not guarantee the delivery or availability of Goods within the timeframes set out in Sections Sections 9 or 10 above or otherwise specified by TAK Games or any of its staff;
(b) events outside TAK Games’ 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 around Christmas, Easter and public holidays; 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 TAK Games 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 at location, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.
- REFUNDS OF YOUR MONEY
12.1 Where TAK Games is obliged to refund your payment pursuant to these Terms and Conditions, TAK Games aims to initiate your refund within 5 business days (Monday – Friday 9 a.m to 5 p.m Brisbane time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution processes the refund.
12.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), TAK Games 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.
- RETURNS/FAULTY OR DAMAGED GOODS
13.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact TAK Games on http://www.tak-games.com.au/contactus as soon as possible.
13.2 If you have a problem with any Goods or otherwise wish to return the following options are available;
(a) Faulty product with packaging in any condition or packaging discarded, TAK Games will provide a 100% refund within 30 days of purchase
(b) Unused and unopened, packaging in good condition (product not faulty), TAK Games will provide a 100% refund within 30 days of purchase
13.3 When returning Goods:
(a) please provide TAK Games with your proof of purchase;
(b) it is a requirement for the fulfilment of refunds and exchanges that Customers use their best endeavours to return all out-of-the-box accessories (such as dice and counters) supplied at the time of original purchase.
Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.
13.4 You are not entitled to any refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.
- MORE INFORMATION ABOUT TAK Games LIABILITY TO YOU
14.1 To the full extent permitted at law, TAK Games 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.
15.1 TAK Games policy on the collection, use and disclosure of customers’ personal information is set out at http://www.tak-games.com.au/privacy which forms part of these Terms and Conditions.
- WEBSITE TERMS
16.1 Your use of the Website is governed by our terms at http://www.tak-games.com.au/terms-of-use.
17.1 TAK Games 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.
17.2 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.
18.3 These Terms and Conditions are governed by the laws of Queensland, Australia.