Welcome to Chaos.com and thank you for shopping with us.
These Terms and Conditions govern the use of Chaos.com ("the website") and the purchase of any goods from it. The website is operated and managed by Elan Media Partners ("Elan Media Partners") (ABN 73 144 018 002)
If you need more assistance you can always contact our Customer Service team by email at info@chaos.com. Normal business hours are from 9.00am to 5.00pm Monday to Friday (AEDT).
Please note that by accessing, using or browsing this website you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions"). Elan Media Partners reserves the right to amend or update such terms, conditions, disclaimers and limitations of liability at any time without providing notice to you. By using the website, you acknowledge that you have read and understood these Terms and Conditions.
Any liability of Elan Media Partners or it's Associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Elan Media Partners be limited to:
The information contained on the website is provided by Elan Media Partners in good faith. To the best of Elan Media Partners' knowledge, the information is accurate and current. However, Elan Media Partners and its related bodies corporate, any of their directors, officers, employees, consultants or shareholders ("Elan Media Partners' Associates") do not make any representation or warranty as to the accuracy or completeness of the information.
To the fullest extent permitted by applicable law, Elan Media Partners disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Elan Media Partners makes no warranty that this website, any information or ideas contained on this website or any products or services will meet your requirements.
You expressly acknowledge and agree that Elan Media Partners does not control other users of this website, the providers of information or ideas to this website or the suppliers of goods and services purchased from this website, and Elan Media Partners is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by them or any offensive conduct on their part.
You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Elan Media Partners will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.
Copyright in the Chaos.com website is property of Elan Media Partners. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Elan Media Partners and third parties. This property may only be used for the purposes of browsing the Chaos.com website and acquiring goods and services of Chaos.com.
These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts.
All care is taken to ensure that Chaos.com websites and data transmissions are free from viruses. However, it is your responsibility to scan any such data for viruses.
If you purchase goods and services from Chaos.com or create an account with us, we may require you to provide your name, address, email address, credit card number or other details ("customer information").
We may subsequently require further details to enable the processing of any orders that you make. You agree to provide Elan Media Partners with current, complete and accurate customer information when asked to do so by the website or an employee of Elan Media Partners.
A Chaos.com account holder may not have more than one active account, whether this is by use of name, email address, an alias or combination thereof. If you breach this condition, you may be liable for the recovery of any benefits obtained this way, such as gift vouchers, promotional benefits and the value therein.
Chaos.com accounts are non-transferable. You may update, edit or terminate your account at any time. You agree to maintain and update the information as supplied by yourself to ensure accuracy at all times.
As a Chaos.com account holder, you are responsible for maintaining the confidentiality of your own membership account and password. You agree to take responsibility for all activities that occur under your account and password.
Prices of goods and services and delivery and other charges displayed on the Chaos.com website are current at the time of display. These prices are subject to variation without notice.
You will be charged in the currency you select from the drop down menu in the top right hand corner of the site, and can subsequently checkout using a local payment method. When using a non-local payment method, your credit card company will apply appropriate exchange rates once they have received the charge.
We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.
Some products on Chaos.com may not be immediately available for despatch from our supplier, due to circumstances beyond our control. However, where possible, we will advise you of any delay by advertising the release or campaign (sale) date accordingly. By submitting your order after being advised of such delays, you are accepting such timeframes into which the item/s will be shipped. If there are any changes in the release date to which you have previously accepted, we will contact you accordingly.
We reserve the right not to provide goods or services, terminate membership accounts, remove or edit content or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of any other Terms and Conditions herein, we will not be held liable for loss or damage arising from the exercising of these rights.
If you need to cancel an order, please contact us immediately by email at info@chaos.com. Our agreement with you only comes into existence once we have both confirmed your order and your payment has been processed. Once we have accepted payment for an order, cancellation of the order is within our sole discretion.
Orders that cannot be cancelled will be subject to our terms, conditions and policies relating to Returns, Refunds and Cancellations
Orders will not be despatched until payment in full has been received and Chaos.com is satisfied with the integrity of the order.
Without limiting the operation of any other Terms and Conditions herein, Chaos.com is not responsible for any loss or damage caused by late delivery or cancellation of an order or a product.
Placement of an order by you constitutes an offer to enter into an agreement with us ("your offer"). We will email you an Order Confirmation for the sole purpose of confirming the details of your offer. Please note that our Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.
It is your obligation to enter the correct delivery address details at the time of ordering. Should you enter the wrong address, we are not obliged to re-send the order to the correct address at our expense.
We will provide you with an estimated date for delivery of all parcels. While we make every effort to deliver by this time, all dates specified are estimates only. We have aligned ourselves with Australia Post who we believe will always do their best to deliver products by the estimated delivery date.
Please note that if an item has been lost in transit, you must contact us within 30 days of the item being shipped from our warehouse.
Please note that if an item has been lost in transit, we will not despatch a replacement item immediately. Replacement items will be despatched according to our discretion.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from a late delivery.
Without limiting the operation of any other Terms and Conditions herein, you agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.
Without limiting the operation of any other Terms and Conditions herein, we will not accept liability for any loss or damage arising from items lost, stolen or damaged after delivery has taken place.
In the event that you receive an item different to that which you ordered, Chaos.com will replace the item with the correct item if available. Where the correct item is not available, Chaos.com will provide a full refund, including the shipping value, or issue a gift voucher. Replacement items can take at least 14 days to despatch from the time the item is received into the warehouse (and longer for international destinations) and refunds can take at least seven days.
Chaos.com will not refund items or offer refunds if the customer changes their mind.
In the event that an order is not delivered following its despatch from the Chaos.com warehouse, a claim form must be completed to lodge an investigation with our shipping partner. If the order is not located, Chaos.com is not obliged to replace the order, although this may be done at the discretion of Chaos.com.
Customers are encouraged to choose Express Shipping for ease of tracing any missing orders.
Faulty or items damaged in transit will be replaced, refunded or be treated with normal warranty conditions at the discretion of Chaos.com after testing the item for faults or damage. Non-defective items received into the warehouse will incur the delivery costs of returning the item to Chaos.com.
Please note that Computer and Console Games and Accessories attract strict manufacturer guidelines and are non-returnable unless defective or unopened.
If Chaos.com has not received an item from the supplier after three months, Chaos.com will notify the customer that their order will be cancelled and refunded due to unavailability of the item from the supplier.
Please ensure all Chaos.com Gift Vouchers are redeemed at the time of ordering. Once the order has been submitted and paid for by means other than a voucher, we are unable to retrospectively redeem a Gift Voucher to offset that cost.
All Gift Vouchers are issued with an expiry date as indicated on the voucher itself. Once that Gift Voucher has expired, we are unable to extend the expiry date under any circumstances. It is the Gift Voucher holder's responsibility to ensure it is redeemed before the expiry date.
Chaos.com Gift Vouchers may not be used to purchase other Gift Vouchers. Redemption of a gift voucher on our website is not exempt from shipping costs.
Gift Vouchers can only be redeemed in the same currency that they were issued in. For example, if you have been given a Chaos gift voucher in US Dollars, then you must select US Dollars from the drop down menu in the top right hand corner and checkout in this currency. You will not be able to redeem your voucher in any other currency. Please also note, that if you add a gift voucher to your cart in one type of currency, then select a differenct currency from the drop down menu, this gift voucher will be removed from your shopping cart.
There is a difference between a "Purchased" Voucher and a "Promotional" Voucher. A Promotional Voucher is one received as part of a competition, incentive or offer. A Purchased Gift Voucher is one that is not associated with any promotion, incentive or offer and the complete cost has been paid for by the customer.
Please note: Promotional Gift Vouchers can only be redeemed one at a time. For example, if you have two Promotional Vouchers, you must complete your purchase using one, then begin a new purchase to use the second.The same applies, no matter how many Promotional Vouchers you have received. You are still able to "top up" any short fall by using your credit card.
Other Terms and Conditions not listed herein and applying to Chaos.com promotions and competitions are incorporated into these terms and conditions.
Unless expressly stated, to the extent that the other Terms and Conditions are not incompatible with the Terms and Conditions herein, the other Terms and Conditions will be in addition to the terms & conditions herein.
To the extent that the other Terms and Conditions are incompatible with the Terms and Conditions herein, the other Terms and Conditions shall prevail.
Should you object to any of these Terms and Conditions (including any subsequent amendments), you must immediately discontinue using this website.
If you enter into a transaction through Elan Media Partners to purchase services or vouchers for those services supplied directly by a third party, Elan Media Partners is not responsible for the provision of those services or for any misunderstanding between you and the supplier.
In all arrangements involving the direct provision of services by third parties, Elan Media Partners accepts no liability of any kind in connection with or arising from such an arrangement.
You agree to waive any and all claims that you now have or may have in the future against Elan Media Partners and Elan Media Partners's Associates which relate to or are incidental to any transaction.
You further agree to indemnify and hold Elan Media Partners and Elan Media Partners' Associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your membership account, of any intellectual property or other right of any person or entity.
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Chaos.com is owned and operated by Elan Media Partners. Site design and brands copyright © 2012 Chaos Entertainment Pty Ltd.
Content and product information copyright © 2012 Elan Media Partners or its partners and affiliates. All rights reserved.
