Terms and conditions for supply of goods
InGameCollectables Limited (company number 8557314) (we, us and our), is a company registered in New Zealand.
We sell collectable items that are representations of characters or other items in gaming products created by third party game developers (Goods). The Goods are made available for you to order in the third party game developers’ (Game Developers’) products (Games) as set out in these terms and conditions.
To contact us call our customer service team at email email@example.com.
OUR CONTRACT WITH YOU
These terms and conditions (Terms) apply to the order by you and the supply of Goods by us to you (Contract).
The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract or the Ordering Interface (as defined in paragraph 3.1).
Each time you place an order for Goods (as described in paragraph 3) you confirm that you have read, understood, accepted, and agreed to these Terms.
We reserve the right to amend these Terms at any time. All amendments to these Terms will be notified to you in writing, including by email and/or posted through our Ordering Interface. The amended Terms will not apply to any orders that have been placed by you prior to the Terms being amended.
PLACING AN ORDER AND ACCEPTANCE
You may place an order for Goods by using our ordering software application, including the “Buy” button or similar functionality (the Ordering Interface) available in the applicable Game. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the Goods specified in the order subject to these Terms.
Please check the order carefully before confirming it. You are responsible for ensuring that your order, and any customisation of the Goods requested by you, is complete and accurate. If you discover that you have made a mistake with your order after you have submitted it through the Ordering Interface, please contact us immediately. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.
You must pay for an order in full at the time of ordering by one of the payment methods made available through the Ordering Interface. You must be fully entitled to use the payment method or account used for purchases. The payment method or account must have sufficient funds or credit facilities to cover the purchase. We reserve the right to obtain validation of your payment details before providing you with the Goods and carry out security checks from time to time.
After you place an order, a Contract between us for the purchase of the Goods will only be formed after you receive an email from us that confirms we have accepted the order (Acceptance Confirmation). We are not obliged to supply the Goods to you until we have accepted your order. We may in our discretion refuse to accept an order from you for any reason.
If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will promptly refund you the purchase price you have paid for the Goods as soon as possible.
Until the time when we accept your order, we reserve the right to refuse to process your order and you have the right to cancel your order. If we or you have cancelled your order before it has been accepted, we will promptly refund any payment already made by you to your original payment method.
We make every effort to display the colours, features, specifications, and details of the Goods accurately when you order the Goods in the Game. However, we do not guarantee that the colours, features, specifications, and details of the Goods will be accurate, complete, reliable, current, or free of other errors, and we cannot guarantee that your device’s display of the colours accurately reflect the colour of the Goods.
We reserve the right to amend the Goods if required by any applicable statutory or regulatory requirement, or as required by the Game Developer.
RETURNS AND REFUND
Subject to your statutory rights as a consumer, you may only return the Goods as set out in this paragraph 5.
We aim to provide you with Goods of the highest standard and quality. If you have received Goods with a defect, please contact us at firstname.lastname@example.org as soon as possible so we can guide you through the returns process and help resolve the problem as swiftly as possible. In order to assist the returns process you may be required to send us images of the damage, defect or fault for preliminary assessment. If you are emailing us or writing to us please include details of your order to help us to identify it.
If any Goods are confirmed to have a defect, we will either repair, replace, or refund the purchase price you have paid for, those Goods.
It does not constitute a defect, if the Goods have, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with our and/or manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.
DELIVERY, TRANSFER OF RISK AND TITLE
We will contact you with an estimated delivery date, as soon as reasonably practicable following the date of the Acceptance Confirmation (to the extent that the Acceptance Confirmation does not include an estimated delivery date). Occasionally our delivery to you may be affected by an Event Outside Our Control. See paragraph 14 (Events outside our control) for our responsibilities when this happens.
Delivery is complete once the Goods have been left at the address set out in your order. All risk in the Goods shall pass to you upon delivery. From the time when risk passes to you, we will not be liable for loss or destruction of the Goods.
You own the Goods once we have received payment in full, including of all applicable delivery charges and taxes.
If we fail to deliver the Goods, our liability is limited to the purchase price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.
You must take care when opening the Goods so as to not cause damage to the Goods, particularly when using any sharp instruments.
PRICE OF GOODS AND DELIVERY CHARGES
The prices of the Goods will be in USD and as specified on the Ordering Interface at the time you submit your order.
Unless otherwise specified at the time of order, all amounts are exclusive of all taxes, duties, levies and other governmental charges in connection with the supply of the Goods to you, which will be your responsibility. We may increase the price payable by such amounts where we are required to collect those amounts from you on behalf of any taxation or other governmental authority.
YOUR CUSTOMISATION AND USE OF THE GOODS
You warrant, at the time of placing an order, that:
the customisation of any characters or other items by you to create the Goods (including in relation to the specification or selection of colours, features, specifications, and details) does not infringe the rights (including intellectual property rights) of any third party; and
you are purchasing the Goods for personal, domestic or household use or consumption only and are not resupplying the Goods in trade.
You must ensure that the Goods are used in accordance with any safety directions supplied with the Goods.
You acknowledge that you shall be responsible for ensuring that any and all instructions, recommended usages and applications for the Goods are followed and any cautions and/or warnings relating to the use of the Goods are observed.
OUR WARRANTY FOR THE GOODS
Subject to the terms of this Contract, we warrant that the Goods are of acceptable quality and fit for the purpose for which these types of goods are commonly supplied. To the extent permitted by law we make no further warranties in relation to the Goods.
You acknowledge and agree that we are not the owner, licensor, supplier or reseller of the Games and accordingly provide no warranties, guarantees or representations, or have any obligations to you, in relation to the Games except to the extent directly relating to the ordering of Goods through the Ordering Interface.
Consumer GUARANTEES ACT 1993
The parties agree that nothing in these Terms is intended to exclude any statutory rights that cannot be excluded under the Consumer Guarantees Act 1993 or any other applicable law.
All intellectual property rights in the characters represented on the Goods, the Goods and the Ordering Interface are owned by, or licensed to, us.
We grant you a right to access the Ordering Interface for your personal, non-commercial use for the purpose of purchasing the Goods. You agree not to use the Ordering Interface for any other purpose and will not copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of any intellectual property rights in the Ordering Interface. No intellectual property rights are granted to you other than as set out in this paragraph 12.2.
To the maximum extent permitted by law, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
any loss of profits, sales, business, or revenue;
loss of business opportunity;
loss of anticipated savings;
loss of goodwill; or
any indirect or consequential loss.
To the maximum extent permitted by law, our total liability to you for all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will in no circumstances exceed the purchase price you have paid for the Goods.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
we will contact you as soon as reasonably possible to notify you; and
our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 15 days. To cancel please contact us.
GOVERNING LAW AND DISPUTES
This Contract is governed by New Zealand law and will be subject to the exclusive jurisdiction of the courts of New Zealand.