Terms and Conditions/User Agreement
PLEASE READ THESE TERMS CAREFULLY BECAUSE THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
i. "Zax Amusements Pty Ltd" hereby refers to Zax Amusements Pty Limited
ii. "Services" hereby refers to the services offered by Zax Amusements Pty Ltd
iii. "Website" or "this Website" hereby refers to zax.com.au
iv. "Terms and Conditions" hereby refers to the provisions outlined in this document
v. "User" hereby refers to a person who makes use of this Website in any way
vi. "Member" hereby refers to a person who has registered their details with this Website
vii. "Customer" hereby refers to a person who orders Product(s) via this Website
viii. "Product(s)" hereby refers to any products listed as shopping items on this Website
ix. "Seller" hereby refers to Zax Amusements Pty Ltd
Zax.com.au is a Website run by Zax Amusements Pty Limited. The provision of the Zax Amusements Pty Ltd Services and the use of this website are subject to the following Terms and Conditions.
By registering as a User of the Website (whether or not such registration actually results in a purchase or sale or entry into any other contract) you agree that:
1. you have read and understand these Terms and Conditions; and
2. you will comply with these Terms and Conditions in your use of the Website and the Services.
We may amend this Agreement at any time by posting the amended terms on our Site. The amended terms will automatically be effective 30 days after they are initially posted on our Site. You (and all other Members) will be bound by the amended terms from that time. This Agreement may not be otherwise amended.
Eligibility of Membership
Our services are available only to, and may only be used by, individuals who can form legally binding contracts under their applicable law. Without limiting the foregoing, our services are not available to, and may not be used by, persons under 18 years of age. If you do not qualify, please do not use our services.
When you become a member of Zax Amusements, you can use this account across all Zax Amusements websites (please follow this link to review our websites). Please note, that if you visit these sites, you are bound by the Terms and Conditions of that particular Website.
Terms and Conditions of Sales
By placing an order via this Website, the Customer makes an offer to purchase the Product(s). By placing an order, the Customer enters into a binding contract between themselves and Zax Amusements Pty Ltd.
By placing an order on this Website, the stock ordered by the Customer will be automatically reserved for them. This stock will be reserved for the Customer for three (3) days. It is the Customers responsibility to make payment for the item during this time. If payment for the order has not been received after this time, the stock will be released and will no longer be exclusively reserved for the Customer.
When making an inquiry about a Product(s), the stock will not be reserved for you. Making an inquiry allows the Zax Amusements sales team to contact the Customer to provide further details about the Product(s).
During the checkout process, it is the Customers responsibility to ensure that the correct Billing Address and correct Shipping Address are entered. Product(s) will be delivered to the delivery address provided by the Customer, the Seller is not, and shall not be held responsible for any Product(s) not received by the Customer due to incorrect Shipping Address.
It is the Customers responsibility to select the appropriate freight option for their Order during the Checkout process. The Seller shall not be held responsible for any problems arising from the selection of an inappropriate freight option for the Customer's particular situation.
Please be careful to review all details, as Zax Amusements ships goods from a number of different warehouses around the world.
It is the Customers responsibility to select the appropriate Insurance option for their Order during the Checkout process. By selecting insurance for shipping, the Customer will be covered for any damage which occurs in transit, loss of goods or non-delivery of Product(s). This cover extends to the full purchase price of the Product(s) purchased.
If Insurance is not selected, the Customer is not covered for any loss of goods, damage in transit and non-delivery of Product(s). The Seller's risk of loss of goods, damage in transit, and non-delivery of Product(s) passes to the Customer on the date when the Product(s) is/are dispatched by Seller to the courier. The Seller shall not be responsible for any loss of goods, damage in transit and non-delivery of Product(s) if Insurance is not selected by the Customer.
A variety of payment options are available to customers when placing an order. It is important to note these options and the differences between them. When paying by PayPal a 4.15% transaction fee will be charged by PayPal. If paying by BPay and Credit Card, processing fees may be charged, for example, 2.00% surcharge for American Express purchases. Such fees are generally charged to Zax Amusements by the customer's bank or institution used, and we in turn relay this cost back to the Customer. It is the Customers responsibility to be familiar with the fee structure of their particular banking or financial institution.
As our credit card processing is handled directly through our bank, we can only accept payment in Australian Dollars (AUD). Payment can be made from any currency; however, this will be converted into AUD during the payment process.
If paying with a credit card that is not from an Australian source, we cannot guarantee that the price shown to the customer at checkout will be the exact amount charged to the Customer. This is due to the currency conversion differences between our Website and our bank, where sometimes the exchange rates may slightly differ. This difference should be very minimal, however, if there are large discrepancies, please contact our accounts department.
All Product(s) will not be shipped until payment from the Customer for the Product(s) has cleared. The Seller will under no circumstance ship any Product(s) before payment has cleared. Any dates quoted by Seller for the delivery of Product(s) are estimates only and shall not form part of the contract. The seller aims to deliver promptly, however, delays are occasionally inevitable due to unforeseen factors. Seller shall be under no liability for any delay or failure to deliver the Product(s) within the estimated delivery time.
Taxes and Other Charges
The Seller will not be responsible for any tariffs, customs restrictions, customs clearance, and other applicable taxes. Please note that often there are costs associated with documents (Original Bill of Lading, Certificate of Origin, etc...) and all costs will also be paid by the Customer.
It is the responsibility of the Customer to pay the charges levied by the authorities and observe the respective regulations of the country in which he or she receives the Product(s).
Packing and Handling Fee
Please note that products found on this website have different packing arrangements from "wooden crating" to no packing. If there are no packing terms listed on the website, please accept that the goods will not be packed/wrapped and that extra costs will need to be paid. For example, crating costs for a dance machine may add $800 USD onto the buy price whilst pallet and wrapping might cost $150 USD. If you are unsure of these costs, please contact Zax Amusements before making any purchases.
Handling Costs: For orders less than $30 AUD, there will be a $15 AUD packing and handling fee added to your order. The Packing and Handling Fee is to cover labour costs and is non-negotiable. Please note that the Packing and Handling fee is in addition to the freight charged for the Product(s).
The warranty terms for each Product will appear on the product page for that particular product. Warranty terms vary for the different styles of Product(s) available. For example, different warranty terms will apply to "New", "Used", "As-is" and "Working".
Testing warranty for example will cover warranty for all parts of a machine or product, whilst "no warranty" means that you purchase the machine without warranty - whilst Zax Amusements will help to give advice for repair, we will not be responsible for any costs.
All warranty claims are "back to base" which means that if you purchase a product from Zax Amusements and it fails during the warranty period you need to return the goods or faulty item back to Zax (at your cost) - Zax will then repair/replace with new and return back to you (at our cost).
Returns / Exchange Policy
Unlike a normal retail company, we are NOT able to accept returns on all products.
For example, if you want to purchase a 1992 Getaway Pinball and have asked us to search and buy it specifically for you, We would need to purchase, recondition and supply this very specific machine to you. A few days after receiving it, you realize that the car theme is not suitable for your games room and want to return the machine...
Another example - you read in magazines and websites that Maximum Tune is a very good machine and you purchase it for your arcade centre. After receiving it, you find that in your particular location, the game is not performing.
With both examples, we have to purchase the machines for you and unlike a retail store that sells the same product a thousand times a day, amusement machines/products are a niche market with limited sales options. The Customer needs to be aware that full responsibility for the purchase is with them. If you are not sure if the machine is suitable for you, please do not purchase it as we will not refund or return purchases.
On limited products we do offer a return/exchange policy - if you are unsure about any purchases, please discuss with our sales team before purchase.
Refunds for these limited products that are "change of mind", are subject to a 15% restocking fee.
Freight charges are not refundable.
The images related to the Product(s) on this Website may not be identical to the Product(s) as shipped to the Customer. Many images are provided as a reference only, and the Seller reserves the right to supply Product(s) which do not correspond precisely to the pictures appearing in this Website, provided that the said Product(s) perform substantially the same function and are deemed similar enough as described in this Website.
Removal of Member
Zax Amusements endeavours (though solely at its own discretion) to remove and deregister Members who do not comply with these Terms and Conditions. Please note that once a member is deregistered, they will not be able to access any Zax Amusements website.
The User acknowledges and accepts that computer and telecommunications systems are not fault-free and may from time to time require periods of downtime (being periods during which the Website and the Services are not available) for the purposes of repair, maintenance and upgrading. Accordingly, Zax Amusements Pty Ltd. does not guarantee uninterrupted availability of the Website, but it shall make reasonable efforts to minimize any periods when the Website is not available. The User accepts that it shall have no claim for breach of contract or otherwise in respect of any such period of unavailability.
Changes to services and/or website
The User acknowledges and accepts that Zax Amusements Pty Ltd. may from time to time alter any aspect of the Website or the Services as it thinks fit and without notice to Users. The User accepts that it shall have no claim for breach of contract or otherwise in respect of any such alteration.
Limitation of Liability
Zax Amusements Pty Ltd shall have no liability whatsoever to any User or third party in respect of any Product advertised or offered for sale on the Website and the Seller of any such Product shall indemnify Zax Amusements Pty Ltd against any such liabilities, costs and expenses incurred directly or indirectly as a result of any claim by the Buyer or any other User or third party in relation to such Product, or otherwise.
Zax Amusements Pty Ltd excludes all warranties in respect of both the creditworthiness of any User, and the authority of any User to enter into a transaction and complete it in compliance with these Terms and Conditions, and any other specific terms and conditions particular to a given transaction.
Zax Amusements Pty Ltd shall have no liability whatsoever to any User or third party in respect of any errors or omissions in the provision of the Services nor in respect of any of the contents of the Website, for any indirect or consequential loss, loss of business, revenue, profits, or saving which any User expected to make, or financial loss of any sort.
Zax Amusements Pty Ltd expressly excludes all warranties in respect of the accuracy of the contents of the Website. Except as expressly provided in these Terms and Conditions, all warranties, conditions, representations or other terms implied by statute or common law as to the quality of the Services or otherwise are excluded to the fullest extent permitted by law.
User Specific Terms
Password and Security
The User is responsible for maintaining the confidentiality of their User name and User password, and you agree to accept responsibility for all activities that occur under your account or password. The User agrees that it shall immediately notify Zax Amusements Pty Ltd of any unauthorised use of its User name or User password.
The User warrants that :
• such User Information is complete and accurate at the time of being supplied to the relevant party;
• it will ensure that such User Information is updated as and when necessary so that it is at all times current, accurate and complete.
The User warrants that in the use of the Website and the Services it shall not:
• upload, post, transmit, reproduce or distribute or in any way exploit any material or information over which the User does not have proprietary or intellectual property rights, whether such information is derived from the Website, the Services or any other source, except with the express permission of the holder of either the proprietary or intellectual property rights to that material or information;
• upload, post, transmit, or distribute: any unauthorised or unsolicited advertising, offers for the sale of services or communications (except as may be permitted by the use of the Services);
• any material or information which contains a computer virus, or other code, files or programs intended to or having for effect to disrupt or otherwise adversely affect the provision of the Services and/or the operation of the Website, or of other Users' computer systems;
• or any material or information which is in any way unlawful, or which is potentially harmful, threatening, abusive, libellous, pornographic or otherwise obscene, or racially, ethnically or otherwise objectionable;
• reproduce, copy, sell, resell or otherwise exploit for any commercial purposes any part of the Website or its contents (including but not limited to information accessible through the Website) or the Services
Downloading from the website
The User accepts and acknowledges that Zax Amusements Pty Ltd, its officers, employees, agents, representatives of any sort, and advisers shall not in any way be liable for any damages, loss, costs or expenses arising directly or indirectly from the User's downloading of information and materials from the Website, and its reliance or use of such information and materials for any purpose.
The Website and the Services may in some cases provide Users with links to the websites or services of third parties. The User acknowledges and accepts that Zax Amusements Pty Ltd is not, and shall not be held responsible for any damage, loss, costs or expenses arising from the use of such websites, or products or services available through such websites.
Zax Amusements Pty Ltd reserves the right to terminate forthwith, or to refuse to permit, the use of the Website or of the Services by any party, at any time and at Zax Amusements Pty Ltd's sole and absolute discretion. The User shall have the right to terminate its use of the Website and the Services, and its registration as a User, at any time upon one month's notice to Zax Amusements Pty Ltd.
Any notice to be given pursuant to these Terms and Conditions shall be given :
To Zax Amusements Pty Ltd :
265 Ingles St, Port Melbourne, Victoria, 3207
Phone: +61 3 96769190
Fax: +61 3 96769290