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Please read the following terms and conditions of sale carefully before ordering products from us. By purchasing goods from us, you agree to these terms of sale. These terms do not replace or affect your statutory rights. In these terms, "you" and "your" refer to the customer and "we", "us" and "our" refer to Game Funk

1. Order Acceptance

1. A contract for the sale of product(s) you order from us is only created once you have confirmed the order and paid for the product

2. Orders are subject to availability.

3. We will not be legally bound by any factual or typographical errors on the website or other promotional materials.

2. Price and Delivery

1. The price you will pay for the goods is the price in the e-mail confirmation.

2. You shall be given an estimated time for delivery at the
time your order is placed. If the goods are not available for delivery within 30 days of being ordered you shall be entitled to cancel your order and receive a full refund of any monies paid.

3. Once the goods have been delivered to you, you will hold them at your own risk and will be liable for their loss or destruction. We will not be liable for the loss or destruction of the goods once they have been delivered to you.

4. If you decide you do not require the goods, you may return them to us within 28 days from the dispatch date provided they are returned in their original packaging and in perfect condition. Software must remain sealed. If any goods are returned damaged we reserve the right to levy a charge commensurate with our costs of processing the sale.

5. If you place your order online we'll send you an e-mail to let you know when we've dispatched your order. Your order should arrive within not more than 28 working days of dispatch. This maximum delivery period shall have elapsed before we will consider claims for lost in transit consignments.

3. Age Restricted Products

Any product with a ESRB (Entertainment Software Rating Board) rating will be clearly described as such on the product page for that item.

By placing an order for a product where an age restriction warning is displayed, you are confirming that you are over the required age.

Warning: It is an offense to attempt to buy a certificated title if you are under age or to attempt to purchase one on behalf of someone else who is under age.

4. Promotions

1. All promotions online are subject to removal without notice.
2. All promotions are on a "While Stocks Last" basis.
3. No purchase price is guaranteed until the order is dispatched.

5. Liability and Disclaimer

To fullest extent permitted at law and except in respect of death and personal injury caused by negligence on our part or on the part of our employees we shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty condition or other term or any duty at common law or under express terms of the contract for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by negligence on our part or the part of our employees or agents or otherwise) which arise from or in connection with the use of the website, the supply of goods or their use or resale by you, and our entire liability under or in connection with the contract shall not exceed the price of the goods, except expressly provided in these conditions. This does not affect your statutory rights.

6. Force Majeure

We reserve the right to delay delivery or to cancel the order or reduce the volume of the goods ordered by you (without any liability to you) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including without limitation acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock out, strikes or other labor disputes (whether or not relating to either party's work force), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials Provided that if the event in question continues for a continuous period in excess of 14 days, you shall be entitled to give us notice in writing to terminate the order.

7. Invalidity

In the event that any clause in this contract is deemed to be unenforceable, the enforceability of any other part of these conditions will not be affected.

8. Variation

These terms and conditions cannot be varied except in writing signed by an authorized person at Game Funk

9. Governing Law and Jurisdiction

This Agreement will be governed by and construed in accordance with Canadian Law.

Note: These Terms and Conditions should be read in conjunction with the information contained within the Help area of the site.
Last Updated: 15 Feb 2009 01:27:27 PST home  |  about  |  terms  |  contact
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