Terms & Conditions

Intellectual property and restrictions on the use of the content on the website

All information, text, material, graphics, software and advertisements on the Website ("Content") are copyright of Retro Gaming, its suppliers and/or licensors unless expressly indicated otherwise on the Website. The Content is protected by Australian and international copyright and trademark laws. Content on the Website is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Website or expressly authorised in writing by Retro Gaming or its affiliates. Strictly on the condition that you keep all Content intact and in the same form as presented on the Network (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may: a) using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or b) if you are an Internet service and/or access provider, supply the Content to your subscriber. You must not use the Website in any manner or for any purpose which is unlawful or in any manner which violates any right of Retro Gaming or an affiliate or which is prohibited by the Terms of Use.

Links to third-party website

The Website may contain hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of Retro Gaming therefore, not responsible for the contents of any linked website or any hyperlink contained in a linked website. Retro Gaming provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked website by Retro Gaming or its affiliates. You link to any such website entirely at your own risk.

Disclaimer and limitation of liability

Under no circumstances (including but not limited to any act or omission on the part of Retro Gaming) will Retro Gaming or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website or any Content. You expressly acknowledge and agree that Retro Gaming does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.

To the fullest extent permitted by law, Retro Gaming's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Retro Gaming to the following:

  • in the case of services supplied or offered by Retro Gaming, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
  • in the case of goods supplied or offered by Retro Gaming (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.

Termination

The Terms of Use are effective until terminated by Retro Gaming and Retro Gaming may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website, but all restrictions imposed on you, licenses granted by you and all Retro Gaming disclaimers and limitations of liability set out in the Terms of Use will survive.

Miscellaneous

Retro Gaming relies on your continued observance of these Terms of Use. If Retro Gaming suffers any loss or damage or incurs any costs in connection with any breach of these Terms of Use or any other legal obligation, then you agree to indemnify Retro Gaming. for those losses, damages and costs.

This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement which will continue in full force and effect.

Pricing

All prices quoted on this website are in Australian dollars (AUD).

Orders

Retro Gaming reserves the rights to refuse or to withdraw your order at any time for certain reasons including but not limited due to product availability, an error in the price of the product description posted on this website, an error in your order or other reasons. Your contract will come into existence when you have fully paid for your order and Retro Gaming advised you that it has accepted your order and your receipt has been confirmed.

Delivery

Delivery times given on this website are indicative only, actual delivery times may vary depending on the destination. You understand and agree that you shall not be entitled to withdraw or modify any commitment made for the purchase of products from Retro Gaming once that commitment has been made for any reason, including without limitation, due to any delay in delivery. Please make sure you supply the correct shipping address to avoid unnecessary delay in delivery and possible resending. We do not accept liability for delay in the event that there is no one to receive the order at the delivery address. The customer will be liable for any additional resending costs. Retro Gaming will be at no fault or liable for a lost in transit item that has been chosen to be sent like a letter without tracking by the buyer.

Exclusion of Negligence

Retro Gaming is not liable to the buyer in contract or in tort arising out of, or in connection with, or relating to:

  • The performance of the product;
  • Any fact, matter or thing relating to the product; or
  • Any error in the information supplied to the buyer at or after the date of the purchaser’s use of the product.

Colour and Product Description

We have made every effort to display the colours of our products accurately as they appear on this website. However, because the colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. We do not warrant that the product descriptions are accurate, complete, reliable, current or error-free. If a product offered by the site is not as described, your sole remedy is to return it for a refund in unused condition.

Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorised or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorised or illegal activity. If such is the case, we may reject your order, or our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorised/illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorised/illegal activity.