These Terms and Conditions constitute a legally binding contract between the customer (“you”) and FreeGaaming Group Pty Ltd (ABN 37 072 114 286) (“FreeGaaming”) and apply to the ordering, purchase, fulfilment and delivery of goods (“Goods”) from freegaaming.com and direct.freegaaming.com. By placing an order for Goods from FreeGaaming you agree to these Terms and Conditions.

Please read the following Terms and Conditions carefully before placing your order. The Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of Goods.

1. Definitions

In these Terms and Conditions:

“Account” means a personal account created by you on the FreeGaaming Website;

“Additional Delivery Charge” has the meaning given in Section 3.4;

“Delivery Charge” has the meaning given in Section 3.3;

“Delivery Options” means the delivery options available for an Order which are listed on the Website, as updated from time to time. The delivery options available for an Order will vary depending on factors such as the nature of the Goods you are purchasing and your delivery address. Delivery options may include standard delivery, express delivery or same day delivery. Delivery Charges and estimated delivery times may vary for each Delivery Option;

“International Delivery Charges” has the meaning given in Section 3.5;

"FreeGaaming Website" means freegaaming.com;

 “Order” means an order for Goods, placed on the FreeGaaming Website or on the Direct Website;

“Password” means the password needed to access your Account;

“Pre-Orders” means an Order placed for a product (e.g. CD, DVD, Blu-ray disc, computer game or console game) prior to the official release date of that product;

“Restricted Goods” means Goods which are only intended to be viewed, played, listened to or otherwise utilised by a person of at least a certain age;

“Selected Delivery Option” has the meaning given in Section 9.7; and

“Website” means freegaaming.com or direct.freegaaming.com (as applicable).

2. Your legal rights

Your purchase of Goods will be subject to certain laws including, without limitation, the Australian Consumer Law. The Australian Consumer Law provides you with certain rights that cannot be excluded, including that the Goods must be of acceptable quality, reasonably fit for the purpose that FreeGaaming represents they will be fit for, and that the Goods will correspond with any relevant description. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified. 

3. Pricing & taxes

3.1 Prices for Goods are as shown on the Website.

3.2 FreeGaaming reserves the right to change the prices of Goods at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes before your Order is accepted by FreeGaaming.

3.3 In addition to the price for the Goods, you will also need to pay the listed delivery charge (if any) (“Delivery Charge”) for your Selected Delivery Option. Any Delivery Charge will appear in your shopping cart.

3.4 In addition to the price for the Goods and the Delivery Charge (if any) you may also need to pay any additional delivery charges which are not shown in your shopping cart but which we incur because you live in an area where light aircraft or barge transport is required, or to which our national courier company does not provide a door-to-door service (“Additional Delivery Charge”). These include, without limitation, Christmas Island, Norfolk Island, Roma and Nhulunbuy. Such charges may apply even where the item is shown on the Website as having “free delivery”, “free freight” or something similar. If you live in an area to which an Additional Delivery Charge will apply FreeGaaming will contact you before accepting your Order and provide you with a quote for the Additional Delivery Charge. If, within the timescale specified, you do not agree to accept the Additional Delivery Charge, FreeGaaming will cancel your Order. FreeGaaming will not take payment for your Order until you have confirmed your acceptance of the Additional Delivery Charge.

3.5 If FreeGaaming agrees to deliver Goods outside of Australia, international delivery charges will apply (“International Delivery Charges”). International Delivery Charges, applicable to your relevant country, will appear in your shopping cart.

3.6 By placing an Order you agree to pay the price for the Goods, any Delivery Charge, any Additional Delivery Charge and any International Delivery Charge.

3.7 All prices and Delivery Charges, Additional Delivery Charges and International Delivery Charges quoted are in Australian dollars and are inclusive of GST.

4. Your Account for Orders placed on the FreeGaaming Website

4.1 If you do not already have an Account you will need to create one before placing an Order on the FreeGaaming Website, unless you utilise the “Guest Checkout” feature of the FreeGaaming Website.

4.2 You may not set up an Account for someone else.

4.3 Please ensure that you enter all information carefully when creating an Account. You warrant to FreeGaaming that all information provided by you in relation to your Account is complete, true and accurate

4.4 You must notify FreeGaaming immediately if you become aware of any actual or potential unauthorised use of your Password or Account.

4.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), FreeGaaming will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of: (i) your Account information being incomplete or inaccurate; or (ii) any unauthorised use of your Password or Account which takes place before you notify FreeGaaming, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

4.6 If FreeGaaming suffers any loss, damage, cost or expense as a result of any unauthorised use of your Password or Account which takes place before you notify FreeGaaming then you must pay FreeGaaming the amount of that loss, damage, cost or expense if FreeGaaming asks you to.

5. Orders

5.1 You can place an Order by following the instructions on the relevant Website (including via a link sent to you from FreeGaaming Direct).

5.2 An Order submitted by you is an offer by you to purchase the Goods for the price plus the Delivery Charge as shown at the time of submission of your Order and any applicable Additional Delivery Charge or International Delivery Charge. FreeGaaming may accept or reject your offer in its absolute discretion. In particular, but without limitation, FreeGaaming may reject Orders for commercial quantities of Goods. If you wish to order commercial quantities of Goods please contact contact@freegaaming.com.

5.3 Each Order that you place will, if accepted by FreeGaaming, be a separate and binding agreement between you and FreeGaaming with respect to the supply of the relevant Goods, in accordance with these Terms and Conditions.

5.4 If you place an Order for someone else to receive the Goods you must obtain their consent before providing FreeGaaming with their personal information and, by placing an Order, you confirm to FreeGaaming that you have done this.

5.5 Sale of Restricted Goods is subject to various Commonwealth, State and Territory laws. By placing an Order for any Restricted Goods you warrant to FreeGaaming that you are:

(a) 18 years of age or older, where you Order products that are classified R18+;

(b) 15 years of age or older, where you Order products that are classified MA15+.

When placing an Order for Restricted Goods you warrant that you are not obtaining the Restricted Goods on behalf of a person that is not eligible to purchase the Restricted Goods themselves.

5.6 For “Factory Scoop” Goods, a limit of one per customer applies.

5.7 Please ensure that you enter all information carefully when placing an Order. You warrant to FreeGaaming that all information provided by you in relation to each Order is complete, true and accurate.

5.8 Please check your Order and Selected Delivery Option carefully (including the quantities ordered) before submitting it as Orders may not be able to be changed or cancelled once the Order has been accepted by FreeGaaming. FreeGaaming will use reasonable endeavours to cancel or change the Order if it has not already been shipped but makes no representation that it will be able to do this.

5.9 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), FreeGaaming will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of your Order information being incomplete or inaccurate or as a result of being unable to change or cancel your Order once it has been accepted by FreeGaaming, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

5.10 Where you place separate Orders the Goods will be delivered separately and a separate Delivery Charge (and Additional Delivery Charge/ International Delivery Charge if applicable) will apply to each Order. FreeGaaming cannot consolidate separate Orders into one delivery.  

5.11 Where you order more than one item in one Order, all Goods for which your Order is accepted at the same time will be dispatched together where practicable. However, in some cases Goods may be dispatched separately, for example: where the goods are being dispatched from different locations; where the Goods are of different types (e.g a mixture of hardware and software); or where the Goods have different availability statuses. Please note that a Delivery Charge is calculated based on several factors including the Good’s weight, dimensions, packaging, the number of delivery shipments required and the Selected Delivery Option. 

5.12 You acknowledge that all Goods that you Order are intended for personal, domestic, non-commercial use only.

5.13 The internet can be an unstable, and sometimes insecure, marketplace. At times the facility to place Orders may not be available, your Order might not be received, your Order may be lost or misdirected, or your Order might be delayed.

5.14 You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference which may damage your computer system, and contains appropriate protection to prevent damage to your computer system caused by viruses, malicious computer code or other forms of interference.

5.15 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), FreeGaaming will not be liable to you, or any other person, for any loss, damage, cost or expense arising out of or in connection with of any of the events set out in Section 5.13 or arising out of or in connection with you accessing the Website, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

6. After you have submitted an order/payment

6.1 When you submit an Order you will receive an Order reference number via e-mail.

6.2 FreeGaaming will process payment for your Order when, or shortly after, you place your Order (except to the extent set out in clause 3.4). Your Order is deemed to be accepted by FreeGaaming when FreeGaaming does this, however, FreeGaaming may, in certain circumstances, cancel your Order after acceptance as set out in these Terms & Conditions. In the event that FreeGaaming cancels your Order having already processed payment, it will refund payment in accordance with Section 14.1. 

6.3 In the event that the price of a Pre-Order is permanently reduced between the time that payment is taken pursuant to Section 6.2 above and the time of the dispatch of the Pre-Order, the amount of the price reduction will be refunded to you. For credit card or PayPal account payment the time that it takes for the refund to take effect is likely to be between 1 and 10 days and will depend upon how quickly your issuing bank or PayPal (as the case may be) processes the cancellation. For FreeGaaming Gift Card payment the time that it takes for the refund to take effect is likely to be between 5-10 days. For any other payment method, the time it takes for the refund to take effect will depend on how quickly the relevant payment provider processes the cancellation.

6.4 When FreeGaaming accepts an Order it represents an agreement by FreeGaaming to supply the Goods to you in accordance with your Order subject to receiving payment from you and subject to these Terms and Conditions.

6.5 You must pay for Goods by credit card, certain prepaid payment cards, PayPal account, FreeGaaming Gift Card or any interest free plan available on the FreeGaaming Website. When you place an Order on the FreeGaaming Website, and the amount you are paying for Goods is not less than $20 and not more than $1,000 (excluding delivery charges), you may also pay for those Goods using one of the following other payment methods: Afterpay (subject to Afterpay’s Terms of Service), ZipPay (subject to the Zip Pay Terms & Conditions) or LatitudePay (subject to the LatitudePay terms and conditions), however you may not use these payment methods to pay for Gift Cards or any other third party gift cards/vouchers. Please note that these other payment methods are not available when you place an Order on the Direct Website. If the name on the credit card/payment card/account does not match the name on the Order, FreeGaaming may refuse to accept your order or ask you to provide additional information (for example, proof of identity documents) in accordance with its fraud detection processes. By providing your credit card/payment card/gift card or selecting one of the other available payment methods you authorise FreeGaaming to deduct the price and the applicable delivery charge(s) from such card or payment methods.

6.6 FreeGaaming reserves the right to change the payment methods that can be used for Orders at any time in its absolute discretion.

6.7 FreeGaaming may not be able to, or may decline to, accept payment from you by your nominated payment method at any time for any reason including, without limitation: (a) where our fraud detection systems detect possible irregularities; (b) because your financial institution or other payment provider has declined payment; or (c) because your payment card has expired. Where this is the case, FreeGaaming reserves the right to cancel your Order and/or place your Order on hold and request you to provide additional information (for example, proof of identity documents) or arrange payment by another method.

6.8 When you submit an Order, FreeGaaming may complete a pre-authorisation of the full value of the Order. A pre-authorisation is a practice of validating electronic transactions by holding the value of the Order unavailable until either the merchant charges the account or the transaction is cancelled. If an Order is cancelled (for example, because our fraud detection system has detected a possible irregularity), any pre-authorisation may still appear in your account as a pending transaction for a period of time, which will vary depending on your financial institution (e.g. 7 to 30 days). After such time, the funds will become available again for you to use.

6.9 Goods that you have ordered will not be dispatched to you until your payment for the Goods has cleared. If your payment cannot be processed, your Order will be rejected and we will notify you by email.

7. Cancellation of Orders

7.1 FreeGaaming reserves the right to cancel, at any time before delivery and for whatever reason, an Order that it has previously accepted. FreeGaaming may do this for example, but without limitation, where:

(a) FreeGaaming’s suppliers are unable to supply Goods that they have previously promised to supply;

(b) an event beyond FreeGaaming’s control, such as storm, fire, flood, earthquake, terrorism, power failure, war, strike, pandemic, governmental action or failure of computer systems, means that FreeGaaming is unable to supply the Goods within a reasonable time;

(c) Goods ordered were subject to an error on the Website, for example, in relation to a description, price or image, which was not discovered prior to the Order being accepted;

(d) you ask FreeGaaming to cancel your Order in accordance with section 5.8; or

(e) in the circumstances set out in Sections 3.4 or 6.7.

7.2 You may cancel your Order where FreeGaaming:

(a) has breached a material term of this Agreement;

(b) is not able to deliver your Order within a reasonable time of the estimated delivery time listed on the Website for the applicable Selected Delivery Option, other than a result of any delay: (i) for which you are wholly or partly responsible such as a failure to provide the correct delivery address or to pay for the Goods; or (ii) which was outside FreeGaaming’s control including the situations set out in Sections 7.1(a) and (b) above.

7.3 Where FreeGaaming cancels your Order after acceptance it will send you an e-mail notifying you of cancellation.

7.4 In the event of FreeGaaming or you cancelling your Order after payment has been processed, FreeGaaming will refund any money paid in respect of that Order. Section 14 of these Terms and Conditions sets out further information about refunds.

7.5 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, FreeGaaming will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of cancellation of your Order, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8. Availability of Goods/Refurbished stock

8.1 As FreeGaaming is dependent upon its suppliers to provide stock, FreeGaaming cannot guarantee availability at all times. You acknowledge and agree that, from time to time, certain Goods may be out of stock or unavailable. FreeGaaming reserves the right to withdraw or suspend from sale any Goods displayed on the Website, either temporarily or permanently, at any time without notice to you. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), FreeGaaming will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of the unavailability of any Goods at any time, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

8.2 Goods that are shown on the Website as “Refurbished Stock” are Goods which have a cosmetic blemish or imperfection such as a scratch, dent or rub mark, have had a fault that has now been repaired by the manufacturer, or are ex-display models. All Refurbished Stock is in perfect working order and comes with the standard manufacturer’s warranty in addition to any statutory rights which apply.

9. Delivery

9.1 Risk and title in Goods passes to you on the date and time of delivery of the Goods to the delivery address provided in your Order.

9.2 Goods will generally only be delivered to addresses within Australia. FreeGaaming is unable to deliver to certain parts of Australia and where this is the case you will not be able to process your Order. FreeGaaming may, in its absolute discretion, agree to accept Orders for software products for delivery outside Australia but is under no obligation to do so.

9.3 Where requested, FreeGaaming will deliver to PO Boxes or Postal Lockers in Australia where possible based on the size of the Goods. Where it is not possible to deliver the Goods to a PO Box or Postal Locker and you have input a PO Box or Postal Locker as the delivery address when placing your Order, FreeGaaming will call you to arrange an alternative delivery address.

9.4 Following dispatch of your Goods, FreeGaaming will email you with confirmation of dispatch and an invoice for your Order.

9.5 On delivery you may be required to sign a proof of delivery document. If you are not available to take delivery, we will, at our discretion, either:

(a) take your Goods to our delivery service provider’s local depots;

(b) ask you if you are willing to give us “authority to leave” the Goods at a place that you believe is safe at, or outside, the delivery address;

(c) take your Goods to a FreeGaaming nominated alternate delivery point that is close to your delivery address (e.g. pharmacy, petrol station, post office or newsagent); or

(d) re-deliver your Goods to your delivery address at a later date.

You will receive a text message and/or a calling card at your delivery address containing details of the local depot, alternate delivery point or contact details for you to arrange for re-delivery of your Goods. Please note that if you do not pick up your Goods from the nominated alternate delivery point within the period specified in the text message and/or calling card, your Goods will be taken to one of our delivery service provider’s local depots for you to pick up at your convenience. If you provide “authority to leave”, we will leave the Goods at the agreed place. Risk and title in Goods passes to you at this time and you will bear the risk of any loss or theft of the Goods. Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law) or as expressly set out in these terms and conditions, FreeGaaming will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of FreeGaaming leaving the Goods in accordance with any “authority to leave” given by you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

9.6 If you require Goods that you have ordered to be re-directed to an address which is not the original Order address, and such Goods have already been dispatched, FreeGaaming will use reasonable endeavours to re-direct the Goods to your requested address and may charge you a reasonable fee for doing this.

9.7 When you place an Order for Goods to be delivered, you will be required to select one of the available Delivery Options for your Order. An estimated delivery time will be listed for the Delivery Option that you select (“Selected Delivery Option”) for your Order. FreeGaaming will use reasonable endeavours to deliver the Goods in your Order by the estimated delivery time for the Selected Delivery Option. If certain Goods in your Order are out of stock, the Selected Delivery Option will list different estimated delivery times for those out of stock Goods. Please note that the estimated delivery time for your Selected Delivery Option is an approximate delivery time only and is not a guaranteed delivery time for your Order. 

9.8 FreeGaaming’s arrangements with its suppliers means that FreeGaaming is only permitted to dispatch online Pre-Orders no earlier than one day prior to the official release date of the Goods offered for Pre-Order. Goods ordered:

(a) up to 7 days prior to the official release date are (unless otherwise advised) guaranteed to be despatched from our warehouse no later than one day prior to the official release date, and will be delivered to your designated delivery address within Australia in accordance with your Selected Delivery Option for those Goods. If you have chosen to pick up those Goods in-store (i.e. the Click & Collect option) you can pick up the Goods at your nominated collection store on the release date; or

(b) within 7 days prior to the official release date may only be despatched on or after the official release date. If you have chosen to pick up those Goods in-store, the Goods may only be available to pick up at your nominated collection store after the release date. 

10. Delivery - Store to Door

10.1. Store to Door Delivery is currently only available for online purchases of selected products and delivery from selected stores. If your online Goods purchase is eligible, you will be offered the option to select Store to Door Delivery within the FreeGaaming online shopping cart. Eligible products include small to medium sized products under 15 kg only and no greater than 80cm in length. Products must be available and in stock at the local store. Delivery distance will be up to and no greater than 10 km from local store, and this will vary store to store.

You must pay FreeGaaming the Store to Door Delivery fee at the time of purchase. FreeGaaming will then deliver the Goods in accordance with these Terms & Conditions. Please note your payment must clear by the cut-off times specified. Please note there may be different listed cut-off times for weekdays, weekends and public holidays.

Currently Store to Door delivery is only offered up Monday to Friday (excluding Public Holidays) from selected stores.

10.2. Store to Door Delivery is a courier delivery service – if the online order is placed and payment clears by the cut-off time specified, FreeGaaming will endeavour to deliver the Goods on the same day (or if placed after this time it will be scheduled for the next available weekday for delivery). FreeGaaming will contact you with an estimated delivery window via an SMS and then a follow up time of arrival – a ‘track and trace’ link will be provided as soon as the delivery is in progress - and will keep you updated of the delivery arrival time.

10.3. Please note that delivery may be affected by factors outside of FreeGaaming’s control, such as adverse weather conditions and traffic conditions. Therefore, FreeGaaming cannot guarantee delivery at the estimated time. Where this happens, we will attempt to deliver the following weekday.

10.4. If your order is received and/or your payment clears after the stated cut-off time your delivery will be arranged for the following day.

10.5. You must provide immediate notice if you wish to change the delivery day that you have agreed with FreeGaaming by calling the phone number listed on your online order confirmation email.

10.6. Upon delivery attempt, if the premises are unattended FreeGaaming will wait 10 minutes. If still unattended after 10 minutes, FreeGaaming will return the Good(s) to the store and notify you via an SMS message. If you do not provide advance notice of absence, FreeGaaming reserves the right to charge you its reasonable costs of any failed delivery and for rearranging the delivery.

10.7. You, or another responsible person over the age of 18 who you have given authority to accept delivery of the Goods at the time of placing your online order, must be present at the time of delivery. Any reference to “you” in these Terms and Conditions includes any such person. The applicable Order document must be sighted to complete the delivery.

10.8. You must ensure that the delivery vehicle can park immediately outside the entrance to the Premises. FreeGaaming reserves the right to refuse to deliver where it is unable to park within 40 meters of the entrance to the Premises.

10.9. You must ensure that any pets are placed in a secure location and do not interfere with the Delivery Process. The term “Delivery Process” includes the process for delivering the Goods.

10.10. Upon delivery, our staff member will take a photo of the package with the Premises in the background as proof of delivery.

10.11. All FreeGaaming’s Terms and Conditions for Delivery remain applicable. For FreeGaaming’s Home Delivery Terms of Sale please visit our Terms of Sale. If there is any inconsistency between these Store to Door Delivery Terms and Conditions and FreeGaaming’s Home Delivery Terms of Sale, these terms will prevail to the extent of any inconsistency.

11. Pickup of goods in-store - Click & Collect

11.1 Many Goods can be picked up from a FreeGaaming store rather than being dispatched to you. Where you wish to do this you will need to nominate this option when you place your Order. Please note that some Goods are not available for pick up from store.

11.2 Only the person who placed the relevant Order may pick-up in-store the Goods ordered, unless that person nominates another person to pick-up the Goods on his or her behalf. Where the Goods being picked-up include Restricted Goods, proof of age will be required to be produced by the person picking up the Goods.

11.3 If you choose to pick up your Order in-store, your Order should be available for pick up in-store:

• 1 hour after your Order has been confirmed if your Order is confirmed more than 1 hour before the close of trading hours for the nominated collection store; or

• the next business day if your Order is confirmed less than 1 hour before the close of trading hours for the nominated collection store. 

11.4 When picking up Goods in-store:

(a) you (or the relevant person who you nominate to pick-up the Goods on your behalf) must provide photo identification (current drivers licence, passport or Keypass) to store staff to verify that the person collecting the goods is either the purchaser or the person nominated by purchaser to pick-up the Goods. If requested, you (or the relevant person who you nominate to pick-up the Goods on your behalf) must allow FreeGaaming to take a copy of this identification for fraud prevention purposes. The copy will not be used by FreeGaaming for any other purpose or disclosed to any person outside of FreeGaaming;

(b) store staff may also check your signature against the signature on any credit/debit/payment card used to purchase the Goods. You must therefore ensure that you bring this card when picking up the Goods;

(c) you (or the relevant person who you nominate to pick-up the Goods on your behalf) will also need to bring the email or SMS that FreeGaaming has sent to you confirming that the stock is available for pick-up; and

(d) store staff have the right to refuse collection of Goods if you (or the relevant person who you nominate to pick-up the Goods on your behalf) cannot or will not satisfy the requirements set out above. In this event FreeGaaming will contact the person who placed the Order using the contact details provided.

12. Delay in availability or delivery of Goods

12.1 You agree and acknowledge that:

(a) FreeGaaming does not guarantee the dispatch or delivery or availability of Goods within the timeframes set out in Sections 9.7 - 9.8, 10.2 or 11.3 above, estimated delivery times listed for the Delivery Options or the Selected Delivery Option for your Order, or any other timeframes otherwise specified by FreeGaaming or any of its staff;

(b) stock availability and events outside FreeGaaming’s control (including adverse weather conditions, traffic conditions and governmental action) may cause delays, or in some circumstances, prevent your Goods from being delivered or available for pick-up in-store;

(c) delays are particularly likely to occur during busy sale periods such as those around Christmas, Easter and public holidays; and

(d) except to the extent expressly set out in these Terms and Conditions or otherwise required by law (including, without limitation, the Australian Consumer Law), neither FreeGaaming nor any of its agents will be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in delivery of the Goods to you or delay in the availability of Goods for pick up in-store, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

13. Gift Cards

13.1 The terms and conditions for FreeGaaming gift cards can be found here. 

14. Refunds of your money

14.1 Where FreeGaaming is obliged to refund your payment pursuant to these Terms and Conditions, FreeGaaming aims to initiate your refund to your original payment method(s) within 2 business days (Monday – Friday 9 am to 5 pm Melbourne time). The additional time that it takes for you to actually receive your refund will depend upon how quickly your financial institution or other payment provider processes the refund. Please note that where Goods have been purchased using a FreeGaaming gift card, a replacement gift card will be issued with the applicable refund. Please note that if FreeGaaming is obliged to provide you a partial refund of your payment for specific Goods in your Order, we will only refund the component of the Delivery Charge relating to the Goods which are subject to the refund.

14.2 Except to the extent otherwise required by law (including, without limitation, the Australian Consumer Law), FreeGaaming will not be liable to you, or any other person, for any loss, damage, cost or expense suffered as a direct or indirect result of any delay in you receiving any refund due to you, whether in contract, negligence or any other tort, equity, restitution, strict liability, under statute or otherwise at all.

15. Returns/faulty or damaged goods

15.1 You should check your Goods as soon as they are delivered to you in order to ensure that: (i) they are what you ordered; and (ii) they are not damaged or faulty. If this is not the case you should contact us as soon as possible.

15.2 If you have a problem with any Goods or otherwise wish to return them please refer to FreeGaaming’s Returns Policy which forms part of these Terms and Conditions. Please note that, in addition to contacting the manufacturer or any FreeGaaming store, you can also contact us.

15.3 When returning Goods:

(a) please provide FreeGaaming with your proof of purchase;

(b) it is a requirement for the fulfilment of refunds, exchanges and warranties that Customers use their best endeavours to return all out-of-the-box accessories (such as power cords and batteries) supplied at the time of original purchase. 

Customers are also encouraged to use the original packaging where possible in order to avoid damage in transit.

15.4 You may not be entitled to a refund or exchange just because any packaging is damaged in transit. The packaging exists to protect the Goods themselves.

16. More information about FreeGaaming's liability to you

16.1 To the full extent permitted at law, FreeGaaming is not liable for any loss of profit, loss of revenue, loss of business, loss of bargain, loss of savings, loss of data, loss or goodwill, loss of reputation, the cost of obtaining replacement or alternative goods or the cost of other remedial measures, or for any indirect, special, economic or consequential loss, arising in connection with any Order or Account.

17. Privacy

17.1 FreeGaaming policy on the collection, use and disclosure of customers’ personal information is set out in its Privacy Policy which forms part of these Terms and Conditions

18. Additional Terms and Conditions

18.1 Your use of the Website is governed by the Website Terms of Use 

18.2 Additional terms and conditions apply to delivery of home appliances and large panel TVs which FreeGaaming classifies as "big and bulky". See FreeGaaming Home Appliance Delivery Terms & Conditions and Large Panel TV Delivery Terms & Conditions, which form part of these Terms and Conditions.

19. General

19.1 FreeGaaming reserves the right to amend these Terms and Conditions at any time. Any amendment will take effect from the time that it appears on the Website. The Terms and Conditions which apply at the time that you place your Order are the Terms and Conditions which will apply to your Order.

19.2 Any provision in this agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purpose of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise shall be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement or affecting the validity or enforceability of that provision in any other jurisdiction.

19.3 These Terms and Conditions are governed by the laws of Victoria, Australia.

Version 18

October 2021