These Terms and Conditions of Sale govern the sale of products (“Goods“) by the Company to you via the Website. The Terms and Conditions of Sale are in addition to the terms and conditions of use of the Website.
Once you tick the box labelled “I accept“, these Terms and Conditions of Sale form a legally-binding agreement between you and the Company. You may contact us via email at This email address is being protected from spambots. You need JavaScript enabled to view it. to obtain a full record of your transaction. We will in any event confirm all your purchase orders with you via email.
Payment
Payment can be made via the Website by:
Credit card payments via Payfast: where payment is made by credit card, we may require additional information in order to verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as this additional information is provided.
Direct bank deposit or electronic funds transfer, in which event, payment must be made within 3 days of placing the order, and the Company will not execute the order until receiving confirmation that payment has been received and verified.
Other: Mobicred, Ozow and SnapScan, in which event, payment must be made immediately after of placing the order, and the Company will not execute the order until receiving confirmation that payment has been received and verified.
Cheque deposits, by prior arrangement with the Company, and in which event the Company will only execute the order on notification of clearance of the deposit.
Displayed item costs are cash discounted and would be the price the customer pays on checkout by paying with one of our cash options (cash or EFT).
Payments made via our online credit card facility will not qualify for the standard 3% cash discount. Only payments made via EFT, direct bank deposit and in cash will qualify for the standard discount.
We accept the following payment methods:
Cash: Cash payment options include EFT, cash in-store or COD which are cash discounted.
Direct Bank Deposits: Deposits incur a bank charge which must be covered by the customer with the fee being displayed on checkout.
Credit Card: Standard item costs are used when paying via online credit card which will be displayed as a "retraction of the cash discount" on checkout.
Other: Mobicred, Ozow and SnapScan incur their own charges and must be covered by the customer with the various fees being displayed on checkout.
Once you accept these Terms and Conditions of Sale, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Privacy
We take the security of your payment and personal information seriously. In this regard, you will be provided with a security certificate once you accept these terms and conditions of sale. All personal information that you provide to us is subject to our Privacy Policy. However, due to the nature of the Internet, we cannot guarantee that your communications will be free from unauthorised access by third parties. Accordingly, we will not be liable for any loss or damages arising from third parties’ unauthorised access of your data.
Warranty (Local)
All warranties for local stock and items are held with the respective South African supplier/distributor. Warranties vary from 6 months to 12 months as per our suppliers guidelines and mandates per product.
New gaming consoles and PC hardware typically include a 12 month warranty whereas accessories vary from 6 to 12 months depending on the product and/or supplier.
Pwned (pre-played/used) gaming and PC items typically include a 3 month warranty depending on the product.
Video games carry no warranty whatsoever.
Warranty (Imports)
All warranties for imported stock and items are the sole responsibility of Pwned Games. All imported items carry a 6 month warranty as per our international suppliers guidelines and mandates. Pwned Games will assist you with any issues regarding any imported items which are under warranty.
The local suppliers/distributors for import items are not obligated to provide any assistance or support for them.
Video games carry no warranty whatsoever.
Warranty (General)
Warranties are normally limited to repair, replacement or refund of the items, determined either by our suppliers or by Pwned Games. User inflicted damage will invalidate any warranty. Determination of user inflicted damage is at the sole discretion of Pwned Games, our suppliers and/or their agents, who will at their own discretion determine if any item has been damaged by the user.
Electrical components are non returnable and do not carry any warranty whatsoever.
Returns
Goods may only be returned when defective (excluding electrical components), damaged in transit or if the product supplied is not the same product as what was ordered. If the Goods are defective in any way this must be reported as soon as reasonably possible and within 3 days after having been delivered to you and must be returned to us within a period of 7 days after delivery. All packaging and contents must be retained, and images of the items and packaging should be taken and e-mailed to our support team immediately (within 24 hours of delivery). As we have no way of verifying that it was not user inflicted damage after this period, we would regrettably be unable to accept returns thereafter. If the Goods are not the same as what was ordered this must be reported within 24 hours of delivery. Any damage must also be immediately reported, within 24 hours of delivery.
New Goods which have been opened and removed from the packaging will incur a minimum handling charge of 25%, only if the Goods have been approved for a return.
Electrical components are non returnable and do not carry any warranty whatsoever.
Goods which have been imported, "Pre-Ordered" or specifically ordered in for you are not eligible for a return or refund whatsoever.
Computer games and software have minimum software and hardware requirements. Ensure that your PC meets these requirements as returns cannot be accepted once these items have been unsealed.
Any item which requires online authentication or activation by means of a code and has been opened will be deemed to have been activated, and will not be eligible for a return whatsoever.
If the Goods have been approved for return, we will notify you and either arrange for our couriers to collect the item from you or request that you post it back to us or ask you to return the item to our current warehouse location, dependent on your original order’s shipping method. Should you need to post the Goods to us please only send it to our postal address (available under Contact and Address Details – click here).
If you are returning Goods via courier or post office please package it carefully so that it does not become damaged en route. Please include the Returns Request Number and a copy of your original invoice with any return.
Breach
If any party ("Defaulting Party") breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:
any amounts that may be due to it in terms of this agreement; and
any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.
Governing law and jurisdiction
Our relationship and/or any dispute arising from or in connection with these terms and conditions of sale shall be governed by the laws of the Republic of South Africa. You agree to be subject to the exclusive jurisdiction of the South African courts.
Notices
The Company hereby selects 18 Lower Burg Street, Cape Town, 8001 as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale ("domicilium"). You hereby select the address specified on the Goods order form as your domicilium. Either party may change its domicilium to any other physical address by not less than 7 days' notice in writing to the other party. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent:
by hand will be deemed to have been received on the date of delivery;
by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
by email will be deemed to have been on the date indicated in the "Read Receipt" notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.
General
You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions of sale to any third party.
Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of these terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party ("the grantor") may show grant or allow to the other ("the grantee") shall constitute a waiver by the grantor of any of the grantor's rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
These terms and conditions of sale, read together with the Terms and Conditions of Use of the Website, the Terms and Conditions of Use of the Forum, and our Privacy Policy contain the whole agreement between you and the Company and no other warranty or undertaking is valid, unless contained in this document between the parties.
