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About These Terms And Conditions
In these Terms and Conditions "we" and "us" mean The FlightSim Store ABN 94 941 085 901, and "you" means you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products.
No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
Legal Capacity To Transact
If you are under the age eighteen (18) years you can not place orders with The FlightSim Store.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should The FlightSim Store suffer any damage or other losses as a result of a transaction entered into by a minor, The FlightSim Store
reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be
placed with The FlightSim Store.
Placing Your Order
You may place an Order by filling in the Order Form on The FlightSim Store Web Site and clicking the "Confirm Order" button.
When you place your Order, we will issue you with an Order Number. We will do this by email.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
Information contained on The FlightSim Store website constitutes an invitation to treat. No information on our website constitutes or
should be deemed as an offer by us to supply any Products, however The FlightSim Store will make every effort to supply Products to
you.
We will notify you that your order is being processed by sending you an Order Confirmation and invoice via email, however, we do
not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of
each order placed, for the purpose of preventing credit card or payment fraud. The FlightSim Store and its affiliates reserve the
right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.
If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Payment Methods And Processing
The FlightSim Store currently accepts Visa, Mastercard and American Express credit cards processed by eWay, PayPal, Paymate,
Direct Deposit Bank Transfer and Australian Cheque or Money Order.
Payment processing will not begin until we receive all the information we need.
Orders placed on a weekend or a Public holiday may not begin payment processing until the next business day.
Business days are Monday through Friday, excluding NSW Public holidays.
We process credit card and PayPal payments after you click the "Confirm Order" button.
For credit card and PayPal payments we will email an invoice to you with your Order Confirmation. Your invoice is your proof of
purchase.
Please Note
- Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
- You may be required to provide further identification for additional security reference checks.
- If your PayPal payment is funded by an echeque this may substantially delay processing your Order while payment clears.
GST
The FlightSim Store purchases include GST unless otherwise stated on a Product listing.
Prices
The FlightSim Store always seeks to list Products with the most competitive prices.
The FlightSim Store reserves the right to change prices for Products displayed at The FlightSim Store at any time.
Prices displayed on The FlightSim Store website are based on Australian dollars. The FlightSim Store also provides prices in other world
currencies. These are provided for the convenience of international customers and are estimates only. All sales are completed in
Australian dollars.
Supply Of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.
When your Order items have been dispatched, we will email you to confirm shipment of each item.
Delivery Of Your Products
Download products will be delivered and associated licenses to use download products will be issued only after payment processing
has completed. In some cases a license or registration code to use the product will be issued directly by the publisher of the product.
When this is the case The FlightSim Store cannot guarantee the time taken for the issue of such a license or registration code.
Estimated delivery times will be displayed at the check out for your Product.
The FlightSim Store makes every effort to deliver your Product according to the estimated delivery times provided by The FlightSim Store at
checkout. The estimated delivery times are in business days (Monday through Friday) excluding Public holidays.
Although every effort is made to ship your Order according to the estimated delivery times provided, estimated ship times may
change due to changes in supply or circumstances beyond our control. If your Product has not arrived after the estimated delivery
time, please contact us here.
We encourage you to visit the "Your Account" section on our website to view the delivery status of your Products.
Unless otherwise agreed by us, we will deliver your Products to the address indicated on your Order Confirmation. If no-one is
available to take delivery of your Products, our carrier (Australia Post) may leave a card so you can pick-up your Product from
your local Post Office.
We will use our reasonable efforts to deliver your Products to you within the estimated delivery time indicated on your Order
Confirmation; however, we do not guarantee that we will deliver within this time frame.
Title and risk of loss to all Products will pass to you on delivery.
"Your Account" - Your Credits
"Your Account" with The FlightSim Store has a credit facility. You may only use credits in "Your Account" as detailed here. There are
only two (2) types of Credit available for use in "Your Account".
"StoreBucks"
The FlightSim Store in its absolute discretion may credit you with StoreBucks from time to time.
StoreBucks can only be used for the payment of Products on our website.
Where "Your Account" holds StoreBucks and you place an Order for a Product or Products:
- Any StoreBucks in "Your Account" credit facility must first be applied towards payment of the Product (or Products);
- Where the payment due on a Product (or Products) is less than the total of the StoreBucks in "Your Account", you retain
the future use of any unused StoreBucks to apply towards any future Product payments;
- In the event that you have insufficient StoreBucks in "Your Account", you must pay the balance of the payment due on the
Product by PayPal, Visa, MasterCard or American Express, Cheque or Money Order, or Direct Credit Bank Transfer.
"Coupons"
The FlightSim Store in its absolute discretion may from time to time provide discount Coupons to existing and/or new customers.
Coupons can only be used towards the payment of Products on our website.
Coupons can only be used in accordance with the Terms and Conditions under which the Coupons are issued. Any Terms and Conditions
governing the use of a coupon will accompany that Coupon. The FlightSim Store will determine the content of Terms and Conditions
governing Coupons in its absolute discretion.
Where a Coupon is used towards the payment of a Product (or Products):
- There may be an outstanding balance due on the Product; and
- Where you hold any StoreBucks within "Your Account", they must first be applied towards any outstanding balance due on
the Product; and
- In the event that you have insufficient (or no) StoreBucks in "Your Account", you must thereafter pay any outstanding
balance due on the Product by PayPal, Visa, MasterCard or American Express, Cheque or Money Order, or Direct Credit Bank Transfer.
Your Rights To Return A Product
No refund or credit is available if you have changed your mind about the product, make an incorrect choice, or failed to verify and
accurately provide information when placing an Order.
Download Products
No refund, credit or replacement of any kind is available for download products. A link to your purchased download
products will be available for up to 15 days and products may be downloaded up to 10
times. It is your responsibility to transfer your purchased download products within this time. Considering the technical
nature of the internet The FlightSim Store will make every effort to resolve any issues you may have while attempting to download your
products to ensure successful delivery.
Dead On Arrival Products - "DOA"
A Product from The FlightSim Store is considered DOA if it shows symptoms of a failure, or is discovered to be broken when first taken
from its packaging.
If you believe that your Product is DOA, you must contact us within 14 calendar days from the date that the Product was
dispatched.
A member of The FlightSim Store Customer Service team will provisionally determine whether the Product is DOA. Where a Product is
provisionally determined as DOA we will arrange to replace the Product.
Refunds will only be offered where a replacement Product can not be provided. Due to copyright restrictions, refunds are not
available for download products or products delivered on CD-ROM, DVD, VHS cassette and/or any other duplicatable medium.
Where The FlightSim Store has provisionally determined that a Product is DOA, return shipping will must be arranged at the expense of
the customer. If when received by The FlightSim Store the Product is confirmed DOA the cost of return shipping will be refunded.
Where you fail to notify Customer Service within 14 days of the date of dispatch about a DOA Product, and the Product needs to be
returned, you will be required to pay postage costs for returning the Product to us.
If the Product is deemed by Customer Services NOT to be DOA, The FlightSim Store may in its absolute discretion refuse to replace the
Product or offer you a refund for the Product.
When a Product is replaced, your replacement Product becomes your property and the returned DOA Product becomes our property.
When a refund is given, the returned DOA Product becomes our property.
The FlightSim Store reserves the right to test any returned DOA Product. If the condition of the Product was misrepresented to us by
the customer, The FlightSim Store reserves the right to impose a $35 handling and administration fee.
Product Problems After Delivery
If a defect arises after delivery and a valid claim is received by Customer Service within 30 days of delivery, The FlightSim Store
will exchange the Product where possible, or refund you the purchase price of the Product. Due to copyright restrictions, refunds
are not available for download products or products delivered on CD-ROM, DVD, VHS cassette and/or any other duplicatable
medium.
Where we agree to replace the Product or refund you the purchase price of the Product, you must first return the defective
Product to us. You will be obliged to pay for the return of the Product.
We will make arrangements with you for the return of the Product.
The delivery time for replacing the Product will be the same as stated for the original Product.
Replacement Products are provided with the same Warranty as the returned Product.
Return Authorisation Number - A Must Have
A Return Authorisation Number (RAN) is required for both replacement Products and refunds.
Where Customer Service has provisionally determined that a Product is DOA, Customer Service will issue you with a RAN. Products
can not be returned without a RAN. The Product must be returned to The FlightSim Store within 14 calendar days of the issuance of the
RAN. All Products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and
registration that shipped with the Product.
Organising the Return of DOA Products
DOA Products must be returned whenever we agree to replace the Product or provide you with a refund.
Where you received a DOA Product by Australia Post, Customer Service will email you the RAN which you must clearly include in the
address label of the returned Product. You must then post the Product at any Australia Post Office.
When a Replacement Product is arranged:
- A replacement for the same Product that you ordered will be shipped to you at our expense after we have received your
returned DOA Product.
- The delivery time for the replacement Product will be the same as stated for the original DOA Product.
- Replacement Products are provided with the same Limited Warranty as the DOA Product.
When a Refund is arranged:
- Refunds include all shipping and associated costs for the DOA Product.
- No refund will be given to you until The FlightSim Store has received the DOA Product from you.
- Refunds will be issued by cheque or a credit to "Your Account" with The FlightSim Store.
Some Products - Manufacturer Only Warranty
Some Products sold through The FlightSim Store are serviced and supported exclusively by their manufacturer, author or publisher in
accordance with Terms and Conditions packaged with the Products.
Where we supply a Product to you with a Manufacturer's Warranty packaged with the Product, The FlightSim Store Warranty does not apply.
If at any time after you purchase a Product you discover what you believe is a Product defect or failure, please contact the
manufacturer directly using the Manufacturer's Warranty information and Terms and Conditions packaged with the Product, for the
replacement or repair of the Product.
Computer Hardware - Exclusions and Limitations
The FlightSim Store is not liable for any damage to or loss of any programs, data, or other information stored on any media contained
within electronic or computing Products. Recovery and reinstallation of system and application software and user data are not
covered under any warranty offered by The FlightSim Store.
In relation to any computing media Product, or any computing hardware Product or computing part contained within a Product,
The FlightSim Store will not be responsible for direct, special, incidental or consequential damages resulting from any breach of
warranty or condition, or under any other legal theory, including but not limited to lost profits, downtime, goodwill, damage to
or replacement of equipment and property, any costs of recovering, reprogramming, or reproducing any program or data stored in or
used with The FlightSim Store Products supplied to you, and any failure to maintain the confidentiality of data stored on the Product.
The FlightSim Store specifically does not represent that it will be able to repair any Product under warranty or make a Product
exchange without risk to or loss of programs or data.
Where a computing Product needs to be returned to The FlightSim Store for replacement or a refund, The FlightSim Store will in no manner
whatsoever be responsible for any data you may leave on the computing Product.
Our Liability
These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the supply of Products by
The FlightSim Store and there are no warranties, conditions or other terms that are binding on us except as expressly stated in these
Terms and Conditions. Any warranty, condition or other term concerning our Products which might otherwise be implied into or
incorporated in these Terms and Conditions by statute, common law or otherwise (including without limitation any implied term as
to quality or fitness for purpose) is hereby expressly excluded.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or
consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract
or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise
shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Your Data - Use And Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of
processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree
that we may use such data, other than credit card details, in order to provide you with information from time to time on other
Products offered by The FlightSim Store that may be of interest to you. If you do not agree to our using such data in order to provide
you with information on other Products offered by The FlightSim Store, you should indicate your non-agreement on the appropriate
section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the
right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will
correct it on your written request. Please refer to our Privacy Notice.
Credit Card Fraud
Whilst The FlightSim Store employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our
customers, The FlightSim Store will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by
a customer whose credit card is fraudulently used or is used in an unauthorised manner.
General
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior
written consent of The FlightSim Store. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in
part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall
not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in
The FlightSim Store for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act)
shall be limited, at the option of The FlightSim Store, to the replacement of the Product(s) or the re-supply of the same Product(s);
the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such
failure shall in no way affect the right to later enforce such Term or Condition.
The FlightSim Store reserves the right to change the Terms and Conditions of sale at any time.
No employee or agent of The FlightSim Store has the authority to vary any of the Terms and Conditions governing any sale.
Force Majeure
The FlightSim Store shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such
delay is caused by circumstances beyond the reasonable control of The FlightSim Store, and The FlightSim Store shall be entitled to a
reasonable extension of time for the performance of such obligations.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of New South Wales and shall be subject
to the non-exclusive jurisdiction of the courts of New South Wales. |
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