These terms and conditions apply to the use of this website, including the purchase of goods or services over this website. In using this website for these or any other purposes, you agree and acknowledge to be bound by these terms and conditions, including the privacy policy and/or any guidelines posted on the website. If you do not accept these terms and conditions, you must refrain from using the website. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this website, which may change from time to time without prior notice to you.
By ordering or registering with maxxgaming.com.au you grant us the right to add your contact details to our database and also acknowledge the receipt of email for order and shipping updates. From time to time we may contact you regarding offers, in store or special events and new products.
Unsubscribing is easy via a link at the footer of each email or contacting us at contact@maxxgaming.com.au.
PROMOTIONS
General Promotion Terms
Promotions, discounts and promotional codes (collectively “Promotions”) are valid for the specified time period for online purchases of merchandise only and may be used one time only unless otherwise stated.
One time use Promotions must be used in their entirety in a single purchase. Any amounts not redeemed in the applicable purchase will be forfeited. Promotions cannot be combined with other promotions.
Promotions do not apply to gift certificates, shipping, GST or duties or similar services unless stated otherwise.
Promotions cannot be applied retroactively to previously placed orders or to orders that have been adjusted.
For promotions requiring a minimum order size, charges for shipping and credits from gift certificates do not count towards the minimum order size requirement.
If you return a gift that was purchased with a Promotion and the Promotion has expired, you cannot apply the expired Promotion to a replacement or future order.
Promotional items are available only while supplies last; We do not issue rain checks for items that run out of stock.
We reserve the right in our sole discretion to extend or terminate a Promotion at any time.
All promotional spend levels and discounts are in Australian Dollars (AUD) only.
Mystery Bundles
- Products are selected at random and cannot be chosen by the customer.
- If you buy one Mystery Bundle in a single order, you will receive different items. If you purchase multiple Mystery Bundles, through one or more orders, there’s a chance that you will receive duplicate items of one or more products.
- All items purchased from a Mystery Bundle are not eligible for return or exchange unless faulty or incorrect item is shipped. In these cases please contact our customer experience team for returns approval.
TRADE INS
Trade ins are mutually agreed upon by Maxx Gaming and by you the individual with a trade in request.
Not all trade in requests will be able to be fulfilled, due to a variety of factors such as appearance, interest and pricing. Maxx Gaming reserves the right to agree or disagree to trade terms by individuals on our trade in page
If an individual agrees with Maxx Gaming on a trade in, the individual has a binding contract to fulfill their part and drop off or ship the required items in a safe manner and provide a valid tracking number to us to ensure legitimacy. Once the trade in is complete and at our warehouse, the individual gets compensated in full of agreed upon payment terms.
If the items of an individual for a trade in are not as described, misleading, incomplete, damaged or stolen we reserve the right to send the trade in back and terminate the trade in request.
Consignments
Consignments are mutually agreed upon Maxx Gaming and by you the individual with a consignment request.
Not all consignment requests will be able to be fulfilled due to a variety of factors such as appearance, interest and pricing. Maxx Gaming reserves the right to agree or disagree to consignment terms by individuals creating a consignment request. Maxx Gaming have the right to terminate an existing/unsold consignment and will require the individual to either collect their item or pay for shipping.
The Fees Associated with Consignments are:
1% listing fee or $1 AUD (Whichever is higher)
5% or $5 AUD for a completed consignment (Whichever is higher)
4% Transaction fee for consignments paid via PayPal
We will ship out the item for you, no shipping fees will be charged for the consignee.
Items that are sent to Maxx Gaming for consignment must stay with the business for a minimum of 28 days, Any early cancellation fees will require a $5 AUD cancellation fee, and you will be charged for return shipping.
TERMINOLOGY
In these terms and conditions, the expressions “we” , “us” and “our” are a reference to Maxx Gaming
(ABN 84 985 428 674 )
Our registered business address is: 104 Mcbryde street, Fawkner
In these terms and conditions the expressions “you and yourself” is reference to the end user.
“Website” means maxxgaming.com.au
AMENDMENTS TO TERMS AND CONDITIONS
We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
YOUR CONDUCT
Should interaction by you be permitted or allowed on our website, you agree to abide by the following terms and condition in relation to such interaction:
- we reserve the sole discretion to amend, adapt and remove any content from our website without notice at any time;
- we do not warrant that we will respond to questions or comments submitted by you;
- any content that you post or transmit to our website is and will be treated by us as non-confidential and non-proprietary and we may use such content without restriction;
- when you post or transmit any content to our website, you assign copyright which subsists in such content to us;
- you must not disrupt the flow of dialogue or otherwise act in a manner which negatively affects other users;
- you must not impersonate any other person;
- any content that you provide may be posted on the website or social network sites for any other end users of the website to read;
- if you download any content from the interactive part of our website, you may not adapt, reproduce, store, distribute, transmit, print, display, publish, create derivative works from or commercialise any information, products or services from such downloaded content.
You agree that you will not post or transmit on or to our website any content that:
- is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable;
- incites or encourages conduct that is unlawful;
- contains information that is false or misleading;
- contains unsolicited advertising or promotional materials
- contains material in which the copyright is owned by another person or entity, is not your original work or is sourced from any third party;
- contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware
You acknowledge that we have the right to monitor the contents of the entire Website, including but no limited to chat rooms, emails, forums, posting and advertisements. You acknowledge that while we have the right to monitor the entire Website, we do not have an obligation to monitor the website. We advise that monitoring of the website is to ensure compliance with the terms and conditions, privacy policies and guidelines contained within the website. Monitoring of the Website will also occur to ensure compliance with all applicable laws and regulations.
We reserve the right to remove any content posted on the website.
DISCLAIMER AND LIMITATION OF LIABILITY
In this clause, the expression “we, us, our” includes reference to our employees, agents, affiliates and related third parties.
We are unable to guarantee that the use of the website will be uninterrupted or error free and you agree that use of the website is at your sole risk.
We do not accept responsibility for any loss, damage, injury, expense or cost, however caused or incurred (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.
We accept no responsibility for any equipment you use to access the website or any loss, damage, injury, expense or cost suffered to that equipment.
We are not liable for any loss resulting from any action taken or reliance made by you on any content posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any content which appears on our website.
We do not accept any liability for the accuracy or content of any material posted or transmitted by other users to our website. We are not liable for any loss resulting from any action taken or reliance made by you on any content posted by another user.
We do not accept any responsibility or liability for any content which you post or transmit to our website, nor do we accept any responsibility for any use or misuse which you or any other users or guests make of content which you post or transmit to our website.
If you download any content from our website, you acknowledge that we are not liable to you for any loss, damage, injury, expense or cost, however caused or incurred, arising from the downloading or subsequent use of the downloaded content.
You agree that we will be under no liability to you in respect of any loss, damage, injury, expense or cost (including indirect, special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of goods or services supplied over this website.
ORDERING PROCEDURE
You may offer to purchase goods or services described on this website for the price specified on this website.
Your order must contain your name, email address, payment method and shipping information with any other ordering information specified on this website.
Your conduct in placing an order on this website acknowledges your acceptance of these terms and conditions.
Once your order has been received we will, with five (5) business days provide an electronic order confirmation.
Payment must be effected in the manner described on the website. Prices are inclusive of goods and services tax. The goods or services are offered for sale only to persons who can make legally binding contracts.
Any orders will become your property at the time that they are shipped to the address provided to us, provided that we have received full payment for the order.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to decline or accept your order for any reason. All orders placed may obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting and processing any order. Maxx Gaming is a retailer to end user customers and does not accept orders from exporters, wholesalers, or other customers who intend to resell the products offered by Maxx Gaming.
PRICING INFORMATION
You acknowledge that despite our reasonable precautions, products or services may be listed at an incorrect price or with incorrect information due to a typographical error or like oversight. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that your order has been confirmed and we have received your payment.
If a cancellation of this nature occurs after you have been charged for the purchase, within seven days from the date of purchase, we will issue a credit to the credit card given for the purchase of the goods or service. Should you wish for the credit to be applied to another credit card not used for the original purchase, you must confirm these details in writing to us. We accept no responsibility for rejection of the credit to any credit card given by you.
Prices are subject to change without notice. There may be duties and taxes added to your package by the destination country. You will be responsible for these upon delivery and are not included in your order total. All credit cards are charged in Australian Dollars. Non-Australian currency figures are all approximations based on an exchange rate.
We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
Shipping Policy
Maxx Gaming Shipping terms are as follows:
Domestic Shipping (Australia Wide) – $ 7 AUD + $2 AUD per additional item.
Domestic Shipping (Pre Orders) – $ 5 AUD
Domestic Shipping on Consoles under $250 AUD – $15 AUD
Free Shipping on Orders over $250
We will most likely add express shipping permanently in the future, if you wish to purchase express please get in contact with us BEFORE you purchase your item.
Consignments:
As stated previously, Consignment Shipping will require the consignee to ship the item to us at their cost, if the consignment sells successfully at Maxx Gaming, the consignee will not have to pay for shipping.
If the consignee wishes to cancel their consignment, they will need to pay for shipping back to their address.
Trade ins
Trade ins may or may not require the seller to pay for shipping, in some instances Maxx Gaming will pay for the shipping of the trade in.
CANCELLATION OF ORDERS
We will accept or decline cancellations of any orders placed at our sole discretion. Should you wish to cancel an order placed we must be immediately notified in writing before the goods have been shipped. If the goods have been shipped we reserve the right to refuse the order cancellation request or charge a cancellation fee should we be unable to request the return of the package from our delivery service.
Terms of Service
By purchasing you are entering a legally bound contract with Maxx Gaming. Where upon you are agreeing and adhering to all Terms and Conditions of sales set out by Maxx Gaming.
Maxx Gaming does not accept any liability for change of mind purchase or incorrect item from the buyer.
Please ensure that you check you have received the correct items within 48 hours from date of delivery. Please contact admin@maxxgaming.com.au if you have any concerns or queries relating to your delivery.
If a good that has been sent from Maxx Gaming is proven to be illegitimate or stolen Maxx Gaming will be willing to investigate and provide a refund once the item has been sent back to us and our investigation is complete.
HOW WE HANDLE E-MAILS
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
GENERAL
We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstance beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the website.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the website.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all related documents are drawn up in English.
PRIVACY POLICY
We may collect website visitors’ contact information (like their e-mail addresses). Unless you object, this information may be used:
- to send news, information about our activities and general promotional material which we believe may be useful to you;
- to monitor the analytics of who is accessing the website or using services offered on the website; and
- to profile the type of people accessing the website.
If you do not wish to have your personal information used in this manner or for any other specific purpose, you can e-mail us accordingly.
We utilise “cookies” which enable us to monitor traffic patterns and to serve you more efficiently if you revisit the site. A cookie does not identify you personally but it does identify your computer. You can set your browser to notify you when you receive a cookie and this will provide you with an opportunity to either accept or reject it in each instance.
We will not sell or otherwise provide your personal information to a third party, or make any other use of your personal information, for any purpose which is not incidental to your use of this website. For the removal of doubt, personal information will not be used for any purpose which a reasonable person in your position would not expect.
If you request us not to use personal information in a particular manner or at all, we will adopt all reasonable measures to observe your request but we may still use or disclose that information if:
- we subsequently notify you of the intended use or disclosure and you do not object to that use or disclosure;
- we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for government or public security in the performance of their functions; or
- we are required by law to disclose the information.
We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so.
Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.
Personal information which we collect may be aggregated for analysis but in such circumstances we would ensure that individuals would remain anonymous.
All personal information which we collect (including your contact details and, if relevant, credit card details) is kept confidential to the best of our ability. You will appreciate, however, that we cannot guarantee the security of transmission.
We consider it is the responsibility of parents to monitor their children’s use of our website. Nevertheless it is our policy not to require personal information from persons known to be under the age of 18 years or offer to send any promotional material to persons in that category.
You are entitled to have access to any personal information relating to you which you have previously supplied to us over this website. You are entitled to edit or delete such information unless we are required by law to retain it.If you wish to comment on or query our privacy policy, or if you wish to make an inquiry regarding any personal information relating to you which may be in our possession, contact us on contact@maxxgaming.com.au.
