1.1 These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Products, and the use of the Website.
1.2 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”).
1.3The Website enables you to shop online for an extensive range of New and Second-hand products
2. Important Notice
2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) and the Second-Hand Goods Act, 6 of 2009 (“SHGA”).
2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:
2.2.1 May limit the risk or liability of Games Galore
2.2.2 May create risk or liability for the user; and/or
2.2.3 May compel the user to indemnify Games Galore
2.2.4 serves as an acknowledgement, by the user, of a fact.
2.3 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
2.4 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask GameGalore to explain it to you before you accept the Terms and Conditions or continue using the Website.
2.5 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, created for either you.
2.6 GameGalore permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
3. Returns
3.1 Please refer to our Standard Returns Policy for more information about returning Products (and related refunds, replacements or repairs).
3.2 The Standard Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
4. Registration and use of the website
4.1 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity.
4.2 If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may not use the Website.
5. Conclusion of sales and availability of stock
5.1 GameGalore will indicate the acceptance of your order by delivering the Products to you or allowing you to collect them, and only at that point will an agreement of sale between you and GameGalore come into effect (the “Sale”). This is regardless of any communication from GameGalore stating that your order or payment has been confirmed. GameGalore will by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
5.3 Prior to delivery or your collection of the Products, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice.
5.4 After delivery or your collection of the Products, you may return the Products only in accordance with the Standard Returns Policy.
5.5 Placing Products in a Wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Products, and as such, Products may be removed from the shopping basket if Products is no longer available. You cannot hold GameGalore liable if such Products are not available when you complete or attempt to complete the purchase cycle at a later stage.
5.7 Placing Products in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Products, and as such the price thereof might change without notice to you. You cannot hold GameGalore liable if such Products are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
5.8 You acknowledge that stock of all Products on offer is limited and that pricing may change at any time without notice to you.GameGalore cannot guarantee the availability of Products. When Products are no longer available after you have placed an order, GameGalore or the will notify you and you will be entitled to a refund of any amount already paid by you for such Products
6. Payment
6.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
6.2 Payment for Products can be made:
6.2.1 Via Debit card;
6.2.2 Via Credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Products will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Products. You also warrant that your credit card has enough available funds to cover all the costs incurred as a result of the services used on the Website;
6.2.3 Via Instant EFT;
6.2.4 Cash on Collection; and
6.2.5 Cash on Delivery
6.3 The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.
6.4 You may contact us via our Help page to obtain a full record of your payment. We will also send you email communications about your order and payment.
6.5 Once you have selected your payment method (save for cash on delivery and cash on collection), you will be directed to a link to a secure site for payment of the applicable purchase price for the Products.
7. Delivery of Products
7.1 GameGalore offers 2 (two) methods of delivery of Products to you. You may elect delivery via:
7.1.1 Courier; or
7.1.2 Self-collection at the storw
7.2 For more information about delivery, please see our FAQs: Shipping and Delivery, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
7.4 GameGalore obligation to deliver a product to you is fulfilled when we deliver the product to the shipping address nominated by you for delivery of the order.
7.5 GameGalore is not responsible for any loss or unauthorised use of Products, after it has delivered the item to the shipping address nominated by you or after collection of the item by you from the store
8. Errors
8.1 GameGalore shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Products on the Website.
8.3 GameGalore shall not be bound by any incorrect information regarding our Products displayed on any third party websites.
11. Changes to these Terms and Conditions
11.1 GameGalore may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
11.2 Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes
12. Electronic communications
12.1 When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners and GameGalire electronically in accordance with our privacy policy.
13. Ownership and copyright
13.1 The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law.
13.2 You will not acquire any right, title or interest in or to the Website or the Website Content.
13.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.
14. Disclaimer
14.1 The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
14.2 Whilst GameGalore takes reasonable measures to ensure that the content of the Website is accurate and complete, GameGalore makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
14.3 GameGalore disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
14.4 Although Products sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
14.5 Any views or statements made or expressed on the Website are not necessarily the views of GameGalore,
14.6 In addition to the disclaimers contained elsewhere in these Terms and Conditions GameGalore also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of GameGalore, its employees, agents or authorised representatives. GameGalore thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
15. Limitation of liability
16.1 GameGalore cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of GameGalore , its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.
16.2 GameGalore shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.
16.3 You hereby indemnify GameGalore against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.
17. Availability and termination
17.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
17.2 GameGalore may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that GameGalore will not be liable to you if it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
17.3 If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Products, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
17.4 GameGalore is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion intended by GameGalore to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and GameGalore in whole or in part, on notice to you. GameGalore shall only be liable to refund monies already paid by you.
17.5 You can choose to stop using the Website at any time, with or without notice to GameGalore
18. Governing law and jurisdiction
18.1 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
18.2 In the event of any dispute arising between you and GameGalore you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
18.3 Nothing in this clause 18 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
20. Complaints
20.1 We are a participant under the Consumer Products and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the Products or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Help page on the Website
20.2 If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Products and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are:
Website: http://www.cgso.org.za/
Sharecall: 0860 000 272
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