Terms & Conditions Terms & Conditions
About These Terms and Conditions

In these Terms and Conditions "we" and "us" mean The FlightSim Store ABN 98 542 841 470 of PO Box 4294, Shellharbour, NSW 2529 Australia, 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. 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 cannot 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 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 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 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 PayPal, Visa, MasterCard, American Express, Diners, Direct Deposit, and Wire Transfer. Cheque's or Money Order's will not be accepted as payment. Payment processing will not begin until we receive all the information we need. Orders placed on a weekend or a Public holiday will 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. A tax invoice/sales receipt will be sent to you with the delivery of all physical items. If you require a tax invoice for orders placed for digital goods please contact us and we will email it to you. Your tax invoice/sales receipt 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.
GST

The FlightSim Store purchases include GST.

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 before you place an Order. The price of products shown excludes shipping costs. Shipping cost is shown separately during checkout and is calculated based on how many and what items you place in your shopping cart.

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 including a tracking number for each item where applicable.

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. We reserve the right to use a delivery method other than that selected at checkout if we feel it would otherwise be beneficial. You will not be charged for any costs associated with a change in delivery method. Where you have purchased a Product that is dispatched from an external warehouse or supplier (drop shipping), delivery time after payment processing may take up to 3 weeks. 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 "My 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. Where delivery is by our courier service and no-one is available to take delivery, they will leave a card requesting you to telephone them to arrange a suitable time and date for delivery. 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.

It is the your responsibility to ensure that your delivery address details are current and correct at the time of payment. The FlightSim Store will despatch to the address as provided by with your order. The FlightSim Store cannot be held responsible for goods being returned, lost or stolen due to incorrect delivery details being given at time of payment. If your goods are returned to us marked "Undeliverable", "Return to Sender" or similar, it will be your responsibility to pay for additional postage/shipping to forward goods to the correct address.

"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 three (3) 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 do not have sufficient StoreBucks for full payment of the Product, and where you hold any Refund Credits in "Your Account", they must be applied towards the outstanding balance due on the Product; and
  • In the event that you have insufficient StoreBucks and/or you have insufficient (or no) Refund Credits in "Your Account", you must pay the balance of the payment due on the Product by one of our available payment methods.
"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", and where you hold any Refund Credits within "Your Account", they must then be applied towards any outstanding balance due on the Product.
  • In the event that you have insufficient (or no) StoreBucks and/or Refund Credits in "Your Account", you must thereafter pay any outstanding balance due on the Product by one of our available payment methods.
"Refunded Credits"

We may credit "Your Account" with a Refund Credit from time to time. A Refund Credit will be credited to your StoreBucks account. The FlightSim Store will only provide Refund Credits under the Terms and Conditions detailed under "Your Rights to Return a Product". Where "Your Account" holds Refund Credits and you place an Order for a Product or Products:
  • Any (applicable) Coupon and/or StoreBucks that may be in your in "Your Account" credit facility will first be applied towards payment of the Product (or Products);
  • In the event that (any applicable) Coupon and/or StoreBucks are insufficient for full payment of the Product (or Products), your Refund Credits will be automatically applied towards the outstanding balance due on the Product (or Products); and
  • Where any outstanding balance due on a Product (or Products) is less than the total Refund Credits in "Your Account", you retain the future use of any unused Refund Credits to apply towards any future Product payments; or
  • In the event that you have insufficient Refund Credits to apply towards the outstanding balance due on the Product (or Products), you must pay any remaining outstanding balance due on the Product by one of our available payment methods.
Refunded Credits can be used towards a future purchase(s) under the same conditions as StoreBucks above.

Consumer Guarantees

Consumer guarantees apply under the Australian Consumer Law. Nothing in these Terms and Conditions excludes the application of those guarantees. For more information about your rights as a consumer, see the Australian Consumer Law website at http://www.consumerlaw.gov.au. If a Product has a minor defect, we will provide a repair or offer you a replacement or a refund. If a Product has a major defect, you are entitled to:
  • reject the goods and receive a refund
  • reject the goods and receive an identical replacement, or one of similar value if reasonably available, or
  • keep the goods and receive compensation for the drop in value caused by the problem.
If you think that a Product is defective you should contact our Customer Service Help Centre and a The FlightSim Store Customer Service Representative will assist you. A photo may be requested to assist with the assessment of your claim. Where a Product is defective and needs to be replaced or repaired return shipping must be arranged at the expense of the customer. If a Product is replaced, your replacement Product becomes your property and the returned Product becomes our property. When a refund is given, the returned Product becomes our property.

Returning a Product

Download Products

No refund, credit or replacement of any kind is available for download products. It is your responsibility to transfer your purchased download products from our servers to your computer and you are responsible for all costs associated with the transfer. 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.

Multiple Purchases of Same Product

If you request the return of a product on the basis that you have previously purchased that product, whether it is a download or physical item, The FlightSim Store reserves the right to charge a AUD$10.00 service fee to process the return. Any funds associated with the duplicate purchase, less the service fee, will be credited to your StoreBucks account only.

Returning a product if you change your mind

If you change your mind about a purchase or make an incorrect choice, we will provide you with a store credit within 14 days of delivery for unopened products. This credit does not include delivery costs. Consumer guarantees (see above) apply to all products, including CDs, DVDs, computer games and console games.

Return Authorisation Number - A Must Have

A Return Authorisation Number (RAN) is required for replacement Products and refunds. Where Customer Service has provisionally determined that a Product is defective , Customer Service will issue you with an RAN. Products cannot be returned without an RAN. The Product should be returned to The FlightSim Store within 30 calendar days of the issuance of the RAN. Where possible, all Products should be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the Product. If the accessories are not included, only a partial refund will be applied.

Organising the Return of Products

Products must be returned whenever we agree to provide you with a refund or replace the Product. Where you received a defective 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 take the Product to any Australia Post Office and mail it for return.

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 Product.
  • The delivery time for the replacement Product will be the same as stated for the original Product.
Some Products - Manufacturer Warranty

Some Products sold through The FlightSim Store are serviced and supported by the manufacturer or supplier. The FlightSim Store recognises that customers purchasing some products, such as electronics and computers, require a high level of support therefore we would ask you to contact the manufacturer or supplier for trouble-shooting assistance. If the manufacturer or supplier is unable to assist, and the product is covered by a consumer guarantee, The FlightSim Store will provide a suitable remedy.

Products with User-Generated Data Capabilities - Repairs

The repair process of your goods may result in the loss of some or all user-generated data. Please ensure that you have made a copy of any data saved on your goods prior to submitting it for repair. Goods returned for repair may be replaced by refurbished goods of the same type rather than being repaired. Refurbished parts may be used to repair the goods.

Computer Hardware - Exclusions and Limitations

To the extent permitted by law, 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 the responsibility of the consumer and are not covered by any expressed warranty of The FlightSim Store. In relation to any computing media Product, or any computing hardware Product or computing part contained within a Product, to the extent permitted by law, The FlightSim Store is not liable for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or any other basis of liability, 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 or replace a Product without risk to or loss of programs or data. Where a computing Product needs to be returned to The FlightSim Store for replacement, repair or inspection, to the extent permitted by law The FlightSim Store is not liable for the loss or confidentiality of any data you may leave on the computing Product.

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 and delivering 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 The FlightSim Store Products 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 The FlightSim Store Products, you should indicate your non-agreement by contacting us. 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 Policy.

Credit Card Fraud

While The FlightSim Store employs 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.

Fraud Protection or Prevention Procedures

When you place your Order by either a Credit Card or PayPal you may be sent an email from our Fraud Prevention Officer requesting further information, such as a copy of your credit card and drivers license for identification. After verification this information will be destroyed. In this case, until your order has passed internal Fraud Prevention procedure checks your order will remain on Locked status. If you do not provide the requested information within 5 business days, your order will be cancelled and your payment will be refunded back to the method in which you paid. These information requests are sent to help protect Credit Card and PayPal account holders from online fraud.

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 unauthorised 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. 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. The Terms and Conditions applicable to you are those on our website at the time you order A product. No The FlightSim Store employee or agent has the authority to vary any of the Terms and Conditions governing any sale.

Force Majeure

To the extent permitted by law, The FlightSim Store is not 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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