These Terms and Conditions of Purchase and Use (“Terms”) are part of the EBGames.ca Website, and have been in effect since October 19, 2009.
PLEASE READ THESE TERMS CAREFULLY. THEY GOVERN YOUR USE OF THE EBGAMES.CA WEBSITE AND YOUR PURCHASE OF PRODUCTS FROM THIS WEBSITE. THEY EXEMPT EB GAMES AND OTHER PERSONS FROM LIABILITY OR LIMIT THEIR LIABILITY, AND CONTAIN OTHER IMPORTANT PROVISIONS.
These Terms are an agreement between you (or any entity you represent) and Electronics Boutique Canada Inc. ("EB Games” or “we”). These Terms also may refer to and benefit EB Games' affiliates, service providers, suppliers and other persons.
1. USE OF WEBSITE, ACCEPTANCE AND AGREEMENT TO THESE TERMS
These Terms govern your access to and use of the EBGames.ca website (the "Website"). Each time you use our Website you have agreed to be bound by these Terms as they then read. You represent and warrant that you have the legal authority to agree to and accept these Terms on behalf of yourself and any person or entity you claim to represent. If you do not agree with these Terms, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations.
2. CHANGES TO THESE TERMS; TERMINATION
We may change these Terms from time to time by posting revised Terms on the Website. Your use of the Website after these revised Terms have been posted signifies your acceptance and agreement to be bound by the revised Terms. EB Games may in its discretion at any time immediately terminate, temporarily or permanently, these Terms or your permission to access and use the Website.
3. OWNERSHIP; YOUR USE OF THE WEBSITE
The Website (including all content, graphics, and other intellectual property and elements incorporated into the Website) is the property of EB Games and/or others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content.
The Website may not be used for unlawful or commercial purposes; it is for your lawful, personal use only. You may use the Website only as expressly permitted in these Terms and subject to all applicable laws. The Website and its content may not be copied, reproduced, modified or distributed in any way without the express prior written consent of EB Games. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with these Terms.
You may use the Website only if you are a resident of Canada or the United States, have reached the age of majority where you live and you can form legally binding contracts under applicable law. EB Games may request proof of identification and age (for example, proof of your ability to purchase certain games). If you are a minor, please have a parent or guardian purchase for you. Certain offers may only be available to limited geographical locations. We ship products only to addresses in Canada.
4. REGISTERED USERS; PROTECTING LOGIN INFORMATION
Certain areas and features of our Website are available only to registered users. If you register as a user, you will be issued a login name and password by EB Games. Although EB Games has no obligation to verify the actual identity or authority of any person registering to use the Website, EB Games may in its discretion require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or refuse to accept or act upon any communication from a user.
If you have been issued a login name and password, you should not disclose your login name or password to any other person or let any other person use your login information. You are fully responsible and liable for the security of your login information and any and all use and misuse of such information. If you believe that your login information has been lost or stolen or become known to or used by any other person, you will immediately notify EB Games by telephone at 877-442-6303 or by email to: firstname.lastname@example.org.
5. USE AND OWNERSHIP OF USER PROVIDED CONTENT
If you provide EB Games with any unsolicited ideas or suggestions, or post any content on the Website, you (i) represent and warrant that you are the owner or creator of such content (or have received permission from the owner or creator to make such submissions or postings subject to the Terms), and (ii) grant to EB Games, its successors, assigns and licensees, a worldwide, perpetual, royalty-free, irrevocable, unrestricted, nonexclusive, assignable, sublicensable, right and license to use and exploit such submissions or content for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of EB Games or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in such submissions and/or content are waived in favour of EB Games and its successors, assigns and licensees.
6. ACCURACY OF INFORMATION YOU PROVIDE TO EB GAMES
You represent and warrant that all information you provide to EB Games through this Website, including registration information, payment information, and transaction-related information, is true, accurate and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, EB Games or any other person may incur as a result of you providing any false, incorrect or incomplete information, or if you fail to update your registration information and payment information within 30 days of any change.
7. ERRORS AND PRODUCT AVAILABILITY; OFFERS TO PURCHASE
Errors, misprints and omissions (including incorrect prices, descriptions or specifications for products) may sometimes occur. EB Games does not guarantee that products and services advertised on our Website will be available when ordered or thereafter. EB Games makes no warranty that the content of the Website, including product descriptions or photographs, is accurate or complete.
In addition and supplementary to the provisions of the Purchase Terms and Conditions stated below, EB Games may at any time, without any prior notice or liability to any Website user (a) correct any error, inaccuracy or omission; (b) change the products and services available on the Website, or the prices, fees, and specifications of such products and services, or any promotional offers and any other Website content; and (c) limit quantities available for sale.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars.
EB Games™, the EBGAMES.CA logo and other names and logos that are used on our Website (the "Marks") are registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by EB Games or their respective owners or licensees. Any use of the Marks (other than as permitted by these Terms) is prohibited. Nothing in this Website shall grant, or is intended to grant, any license or right to use any of the Marks.
9. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR UNAUTHORIZED POSTINGS
Linking to the Website without the prior written permission of EB Games is prohibited. If you desire to link to our Website, you may send an email to email@example.com requesting such permission. EB Games may in its discretion deny or revoke any permission it may give to link to the Website at any time and without any notice or liability.
The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments or any other information of any kind to or on the Website that would be visible to any other users, except in connection with the use of EB Games forums or other Website locations intended for such comments and hosted by EB Games.
EB Games may make contests available to users of the Website and others. All contests are governed by these Terms and the applicable contest rules. By participating in a contest through the Website, you are agreeing to these Terms and the applicable contest rules.
11. PURCHASE TERMS AND CONDITIONS
ACCEPTANCE OF ORDERS --
We may limit quantities available for sale or sold, and we reserve the right at any time to reject or correct any order for any reason whatsoever. Certain offers may not be available in certain geographical areas. If the price of any product you order was incorrectly displayed on our Website, we will provide you with an opportunity to place an order at the correct price assuming such product is available.
Advertisements on our Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. Your properly completed and delivered order information constitutes your offer to purchase the products or services referenced in your order. You will be provided with an opportunity to verify and correct information you entered prior to placing your order. Your order will be deemed to be accepted only if and when we send a confirmation of the terms of your order to your email address and will be subject to these Purchase Terms and Conditions and the additional terms and conditions included in your order, which together will form a legally binding contract with Electronics Boutique Canada Inc., which operates EBGames.ca. If we cannot ship your entire order at one time, we will only process payment for the parts of the order that we ship to you.
If you wish to cancel an order, you may request a cancellation by logging into your account and cancelling your order or by calling 877-442-6303. However, if we are not able to receive and process your cancellation request before we accept and ship your order, your cancellation request may not be effective. If we are unable to cancel your order before it is shipped, you may request a return authorization in accordance with EB Games’ return policy. http://www.ebgames.ca/gs/help/Returns.aspx
Unless otherwise indicated, all prices and other amounts are in Canadian dollars.
If EB Games has your product(s) in stock, we will email you a shipping and payment notice confirming that the items have shipped and are en-route to you. In-stock orders (excluding special delivery items) normally ship within one business day of placing your order, but may be delayed if EB Games needs additional information or otherwise is delayed in shipping process. Out-of-stock orders will ship once the item is back in stock. We will send you the shipping notice once the item is back in stock and has been shipped. How soon you receive the product(s) depends on the shipping method you have chosen. Our shipping process and options that you may have with regard to shipment are described at http://www.ebgames.ca/gs/help/Delivery.aspx
The total price of your order will be charged to your credit card when our shipping and payment notice email has been sent to your email address.
Delivery is subject to warehouse availability. Out-of-stock items will be shipped as soon as possible, upon arrival from the manufacturer/publisher. Please take shipping time into consideration.
REFUNDS AND RETURNS --
When you receive your package, you should examine it closely before opening the factory sealed product packaging to determine that it is what you ordered. If you are not satisfied with your order, you may exchange or return your product at any GameStop or EB Games retail store in Canada. We also accept returns by mail for orders that were shipped directly to you http://www.ebgames.ca/gs/help/Returns.aspx. The returned product should be returned in the same condition as when you purchased it, with all manuals, accessories, and the packing slip.
We would be pleased to exchange or give you a refund in-store on most items you buy online, up to 30 days after your receive your order. We will exchange game consoles up to 14 days after you receive your order. Our return policy is described at http://www.ebgames.ca/gs/help/Returns.aspx.
Due to copyright laws, computer and game console software, music CDs, DVDs and videos in opened packages may only be exchanged for the same item. Shipping and handling (S&H) charges are non-refundable; however, we will refund your original shipping cost if you are returning a defective item, or because of an error on our part.
All products (whether defective or non-defective) must be returned in their original purchase condition, with the original packing material, blank warranty cards, manuals and any other item or accessory provided by the manufacturer. IMPORTANT: If a returned order has items missing, the order may be refused, or the value of the missing materials may be deducted from the total credit amount.
On purchases made with a credit card, the same card used to make the purchase will be credited with the refund. The credit will be made within 7 business days of us receiving and verifying the returned merchandise.
METHODS OF PAYMENT --
You can pay for any purchase you make online by using an EB Games Canada Gift Card, or a US or Canadian MasterCard, VISA or American Express card. We also accept Canadian Edge cards, but we are not able to accept US gift cards or US Edge cards.
ADVERTISING REBATE POLICY --
Any applicable taxes are calculated and payable on the price before applying the rebate. Postage must be paid on mail-in rebates. EB Games is not responsible for manufacturer mail-in rebates.
ERRORS AND MISPRINTS --
If we discover that a product’s price, description or specifications are misstated or incorrect, we will endeavour to correct the error on our Website. You should always check the manufacturer’s or service provider’s description and specifications for any product or service that you may want to purchase.
If we make an error with regard to your order, we may correct or cancel an order at any time, and/or edit an order to reflect the correction (you will have the right to approve or confirm any increase in price or shipping charges). In the event that you are shipped an incorrect product, we will accept the return of the product and provide you with a refund.
12. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS ON LIABILITY AND INDEMNITY
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO QUALITY, ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY EB GAMES TO THE FULLEST EXTENT PERMITTED BY LAW.
LIABILITY EXCLUSIONS --
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EB GAMES AND ITS PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THESE TERMS AND CONDITIONS OF USE AND PURCHASE INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, CIVIL LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY EB GAMES OR ANY PERSON FOR WHOM EB GAMES IS RESPONSIBLE, AND EVEN IF EB GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.
ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS --
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
14. LINKS TO OTHER WEBSITES/RESOURCES
Our Website may include links to other Internet websites or resources, and to businesses operated by other persons. These other websites are not operated or controlled by EB Games. Accordingly, EB Games is not responsible for, and will have no liability for, these other websites, their business, goods, services, or content. If you link to or use any of these other websites, your dealings with the owners or operators of these websites is at your own risk, and you agree that you will not make any claim against EB Games arising from your use of any of these other websites.
15. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms, your access to and use of the Website, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada (and in the case of use of the Website in Quebec by residents of Quebec, by the laws of Quebec and the applicable federal laws of Canada). Any dispute between you and EB Games or any other person arising from, connected with or relating to the Website, these Terms, or any related matters ("Disputes") will be resolved before the Courts of Ontario, sitting in the City of Toronto (and in the case of use of the Website in Quebec by residents of Quebec, before the Courts of Quebec, sitting in the City of Montreal), and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
16. OTHER MATTERS
If any provision of these Terms is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms and the remaining provisions will continue in full force and effect.
These Terms enure to the benefit of and are binding upon each of EB Games and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign any rights or obligations that you have under these Terms. EB Games may assign its rights and obligations under these Terms without your consent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
The parties have expressly requested and required that these Terms and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ces Conditions d'usage et tous les documents qui s'y rapportent soient rédigés en anglais.
Any rights not expressly granted by these Terms are reserved to EB Games.
17. EB GAMES CONTACT INFORMATION
You may contact EB Games by telephone, email, or postal mail:
8995 Airport Road
Canada L6T 5T2