Terms and Conditions of Use

In the Terms and Conditions of Use set out below (“Terms of Use”), the terms “we”, “us”, “our” and “The seller” refer to Game Hut Limited. 'The buyer', “you” or “Your” refers to a purchaser in the form of any legal entity making a purchase from the seller.

These “Terms and Conditions of Use” shall super cede above any other terms contained in any offer and/or order made by the buyer or in any document used by the buyer (which will have no effect). This website is owned and operated by us. By accessing, browsing, or using this website, you agree to be bound by these Terms and Conditions of Use. You must not access, browse, or use this website unless you agree to be bound by these Terms and Conditions of Use.

Product Ordering
Our website including all the visual and written information including email/s is an invitation to accept or not to accept and not to offer to supply products. If the buyer orders product/s from the seller then this becomes an offer from the buyer to buy product/s in agreement with these “Terms and Conditions of Use”. If the seller accepts the buyers order then the contract (upon the goods being released to the buyer) is formed.

Product/s ordered by the buyer, are to be completed by the buyer, submitting the necessary information during the shopping cart checkout from the sellers website. Any information not given by the buyer including but not limited to name, billing address, email address and payment details, may prevent the seller from processing the buyers order. No order will be accepted by the seller until the seller has sent the buyers order.

The seller reserves the right to accept or reject any order (whole or in part) submitted by the buyer. Any orders rejected can be done so by the seller for any reason without liability. Any money paid to the seller by the buyer shall be refunded and the buyer will have no further recourse to the seller.

Consumer Guarantees Act
The buyer may use the Consumer Guarantee Act if the terms and conditions of sale are subject to the Consumer Guarantees Act:

• The guarantees provided under the Act will not apply to a buyer if the purpose of the buyer is to buy product from the seller to supply product to a business.
• The Act will not limit the buyers rights to any purchase of product/s as long as the buyers purchase is made under the correct provisions of the Act to enable the buyer to have such rights.

Product Censorship

It is your responsibilty by ordering product /s from our website that you are of the appropriate age for the product/s rated by the New Zealand Censorship Board. If you are ordering product/s on behalf of or for another person that they are also of the appropriate age for the type of product/s rated by the New Zealand Censorship Board. We will not be responsible for any liability of any product/s you order from our website that is outside the appropriate rating for you or any other person.

Product Availability and Termination
If a product is not available, the seller will in good faith, notify the non-availability of a product on the seller’s website. The seller reserves the right to add, alter or delete any product and/or product content, text, pictures and price at any time without prior notice to you. All orders are subject to the availability of product in stock.

The seller may terminate a buyers order prior to confirmation of that order for any reason. If the buyer has made payment for an order and the seller terminates that order after confirmation of the buyers order then the seller will refund the amount paid by the buyer for that specific order. Any termination of a buyers order from the buyer after the sellers confirmation must be in writing to the seller via the (ContactUs) on our website. The buyer may face a re-stock fee of up to 25% of the order if the seller does not accept the written cancellation of the buyers order.

Product Price
The price for the product/s are payable in New Zealand dollars (NZD) only. Foreign currency conversion will take place online at the time of purchase at a rate applicable to the time of that purchase for foreign orders. The seller reserves the right to change product price/s at any time to the website or any other printed or electronic advertising material without prior notice to you.

Tax
Products bought within New Zealand are in inclusive of New Zealand Goods and Services Tax (GST) at the rate of 12.5%. If any delivery fees are charged or included they will also be inclusive of GST.

Foreign Orders
The buyer is responsible to pay any and all costs associated with the order in the way of import duty, local or state  taxes, tariffs and freight or any other charges or fees payable that are applicable to the buyers order. All international packages being sent from New Zealand require the appropriate customs documentation attached to the package describing the good/s being sent and the cost of the good/s, as set by New Zealand law.

Product Delivery
Upon, the confirmation of the buyers order the seller will start the delivery process and in good faith have the product delivered to the buyer within 3 working days. If there are any unforeseen delays to the product delivery date the seller will contact and inform the buyer of the revised delivery date. If the buyer cannot be contacted then the product will remain with the seller for 30 days after which time the order will be terminated and any monies paid will be reimbursed to the buyer less a 25% re stock fee. If the seller and buyer have pre-arranged an alternative delivery date/s then this will alter the sellers standard delivery process.

If the buyer has specific instructions for the delivery of product i.e. alternative address, product to be left unattended, product not signed for, or buyer will not be at the location of delivery, then the seller accepts no responsibility for any costs, charges, fees or any liability associated with the product should the product be lost, stolen, damaged, destroyed or undelivered. ( see Product Shipment Liability)

The seller will not be responsible for any product delivery time schedules and will not be liable to incur any charges, costs or fees associated with any delays associated with the delivery of the product to the buyer whether it, be national or international delivery once the product has left the sellers premises.

Upon the buyer’s product being delivered to the buyer according to their delivery details and/or instructions, the buyer becomes solely responsible for the product.

All products packaged for shipping are packaged to prevent damage and any damage as a result of the shipping of the product will have to be resolved between you and the shipping company.

Any offers or promotions by the seller to include delivery fees for product/s purchased, whether for specific dollar amounts or not, will only be available for domestic delivery within New Zealand only. Promotions of this sort can be added or deleted at any time by the seller without any notice to you.

Product Shipment Liability
The buyer assumes all liability to the product during the shipment of product once it has departed the seller’s premises. All claims for loss, damage, destruction or delays associated with the product are between the buyer and the shipping company. The seller will help the buyer with information about the shipping company and any tracking numbers or information associated with the product shipment upon a claim being made by the buyer to the shipping company, but the seller will not accept any financial responsibility to any claim.

The seller will use a courier for it's deliveries and/ or an equivalent shipper if necessary. The courier  will have a limited liability up to a maximum of $1500 (NZD) for the loss of or damage to an item. You will need to contact the courier if necessary to learn about their Terms and Conditions and exclusions of liability for any claim/s information.

Product Return, Refunds and Credits
Any product refund, replacement of faulty product or credit note associated with the buyers order will need the sellers approval prior to being returned and contact with the seller must be made within 5 working days from the sellers original delivery date via the “contact us” on our website.

Upon the sellers approval the product will need to be delivered to the seller at the buyer’s expense and be in the same condition and packaging as it was when it was sent from the seller including the invoice number. The buyer accepts all responsibility with the return delivery of product to the seller, if the product is lost, stolen, damaged or destroyed or for any other reason during the delivery.

The seller has the right to charge the buyer up to a 20% re stock fee, based on the original invoice, for taking the product back, and such fee will be at the sole discretion of the seller.

Payment in the form of a refund to the buyer will be processed and returned to the buyer in the same way the original payment to the seller was made. Refunds can take up to 7 working days. 

Product Warranty
Any warranty offered by the seller will not cover product damaged from misuse whether or not it was an accident or negligence on behalf of the user. Once any warranty period has expired the seller is exempt of any and all liability.

Product Description
Product information and content is constantly changing and we rely on our suppliers to give us updated and accurate information with product literature, graphics, technical information and general description of goods. Therefore the seller will not be liable for any information that is advertised on any of our media advertisements or sales and marketing tools, website/s that might be inaccurate, out of date or mis-leading. If any product does not match the description advertised the buyer must contact the seller immediately via the “contact us” on our website so we can take the necessary steps to remedy.

Disclaimer
To the maximum extent permitted by law, the seller disclaims all warranties, representations, and guarantees (whether, express, implied, or statutory), with respect to the information and product/s contained on this website including, but not limited to, warranties of availability, accuracy, non-infringement, completeness, timeliness, currency, merchantability, or fitness for a particular purpose. We do not make claims or warrant that this website will operate in an uninterrupted or error-free manner or that this website will be free of viruses or any other technical challenges or faults.

To the maximum extent permitted by law, the seller will not be liable for any loss, financial or otherwise resulting from the use of this website and / or the use of or reliance on any product bought from this website or for any verbal, written or electronic media information from the seller.

To the maximum extent permitted by law, the seller will only be liable to the buyer for tort damages upon a defective product, but limited to only the price paid for the product.

Intellectual property
Information and other materials contained on this website are protected under copyright and the laws of New Zealand, and under international conventions and law. Unless otherwise posted, copyright and any other intellectual property right/s in all material published on this website, including, but not limited to the text, design, advertising, material, artwork, photographs, computer software, product image, trademark, audio and visual effects, shall belong to us or our suppliers. 

Trade Marks / Copyright
You acknowledge that the trade mark/s and copyright appearing on this website belong to us, our suppliers or any other associated company/s. Permission to use, publish or reproduce any trade mark appearing on our website for any reason must have prior written permission of the trade mark / copyright owner/s.

Severability
Where upon any one part of the Terms and Conditions of Use is found invalid or unenforceable by a Court of Law the remaining part/s are bound by the Terms and Conditions of Use and remain in full force and effect. 

Advertising
The sellers administration of all advertising mediums (radio, printed material, computer based material, verbal or written quotes or acknowledgements) could at any time be subject to errors and/or omissions and the seller is entitled to remedy these at any time. If the buyer is affected by any errors or omissions then the seller has the right to make contact with the buyer and give the buyer the option of a full refund upon the return of product. No refund will be given to any buyer if other terms of product and price have been negotiated.

Privacy Statement
We may gather personal information from you when you use this website or contact us by phone, fax or email. We may use this information to provide a better service and the information we request may be your name, telephone number, address and any other relevant information necessary to complete a transaction. We may also use this information to contact you for upcoming events, competitions, news letters, product awareness and registration. We may also use it to contact you for modification to your existing account, security (passwords) and or the opening of a new account.

We will not attempt to collect information about you without your consent and only will use the information you provide us to give you the service required that we offer on our site. You can use this site without revealing who you are and not provide any information at all, however giving incorrect personal information could result in us not providing you with any service, products and / or necessary information. Our employees and third party contractors may have access to your personal information to be used in accordance with our privacy statement.

If we were to collect any information from you through a third party we would only do so after making attempts to contact you first to make you aware of the collection and the reason for the collection of information from a third party.

Disputes
Any disputes between the seller and buyer will be subject to arbitration and governed by the laws of New Zealand. 

Website Information and Security
The information contained on this website is intended for general information and should not be considered to be current, complete or totally accurate. The information contained on this website may contain technical inaccuracies. We accept no responsibility regarding the accuracy, currency, or completeness of any information contained on this website. Any use of such information is at your own risk and we reserve the right to make changes to this website at any time and without notice to you.

Your use of this website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that this website or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable for any damages or refunds should this website become interrupted or delayed for any reason.

Your use of this website may sometimes be subject to interruption or delay. Internet and electronic communications can be unreliable, so we and/or our service providers do not make any claims or warranty that this website will be without interruption delay or interrupted design / graphics. We will not be liable for any costs, fees, damages or refunds should this website become interrupted or delayed for any reason.

We will not be liable for any damage, loss, or harm to you caused by virus or viral code. You are responsible for taking appropriate action to make sure that your access to and use of this website is protected against such virus or viral code. 

Links
This website may contain links to third party websites. Links are there for your ease of use only and may not remain current or be maintained. We do not endorse, claim or accept responsibility for, any content accessible through any link. Links are used at your own risk, and you are responsible for adhering to any terms and conditions imposed by third party websites.
You agree that you will not distribute or publish any link to this website without our prior written permission in each instance. If you do create a link to this website, you will be responsible for all losses (whether direct or indirect) that we may incur as a result of that link. Distributing or publishing links to this website is done at your own risk.

Statistical Information                                                                                                                                                                                            We may use statistical gathering tools on our site to gather information about how you use this site to give us a better idea on how our customers navigate and this may include how long you use the site, what pages you visit, your I.P. address and how you navigated to our website including links. This information is for our purposes only and will not be shared unless your usage is considered a security threat to our site.

Cookies
We may use cookies to provide certain services and enable your computer to function better with ours. Cookies are used to help us track our websites usage, provide us with statistical information, enable us to provide you with certain services and customize your visits to our website. Cookies will not give us access to your computers data and you can set your computers settings to not accept cookies, however this may cause you to experience a loss in how our website may function.

Disclosure Statement
We may collect personal information to help us run our website more effectively and to provide services, information and / or products to you that you requested.

We may also use your information to contact you for correspondence, up coming promotional events or product launch, advertising, analytical data, account and password verification. Please do not send us personal information about another person or entity.

We will not sell, trade, lease or swap your personal information nor disclose it except within the limits of our privacy statement. We will only use your personal information upon your authorization, unless we feel circumstances warrant us to provide information to other agencies upon a breach of our security or if our legal rights have been compromised.

You are entitled to view any personal information about yourself that we may have stored and you are entitled to update your personal information as it changes by using your password to access your account. Please make sure your personal information is current and accurate and any request for your personal information can be made to us in writing, but will be subject to verification prior to any information being sent. We cannot guarantee the security of transmission of information to and from this website and you are responsible for your own computers security.

Changes
We reserve the sole right to update, change or modify the contents of these Terms and Conditions of Use and any other information hosted on our website or any other media based format we use, to promote or advertise our products and services at any time without prior notice to you. Please read the contents of these Terms and Conditions of Use regularly to be updated on it’s content.