Terms and Conditions of Purchase and Use
Last Revised: August 10, 2021
These Terms and Conditions of Purchase and Use ("Terms") apply to the gamestop.ca website (the "Website"), and have been in effect since the date first indicated above.
PLEASE READ THESE TERMS CAREFULLY. THEY GOVERN YOUR USE OF THE WEBSITE AND YOUR PURCHASE OF PRODUCTS FROM THE WEBSITE. THEY EXONERATE GameStop, ITS PARENT, ITS AFFILIATES AND OTHER PERSONS FROM LIABILITY OR LIMIT THEIR LIABILITY, AND CONTAIN OTHER IMPORTANT PROVISIONS.
These Terms are an agreement between you (or any entity you represent) and Electronics Boutique Canada Inc. ("GameStop" or "we"). These Terms also may refer to and benefit GameStop's parent, affiliates, service providers, suppliers and other persons.
1. USE OF WEBSITE, ACCEPTANCE AND AGREEMENT TO THESE TERMS
These Terms govern your access to and use of the Website. Each time you access and/or use our Website you agree to be bound by these Terms as they then read. You represent and warrant that you have the legal authority and capacity to agree to and accept these Terms on behalf of yourself and any person or entity you claim to represent. If you do not agree with these Terms, you may not access or use the Website. The Website is provided solely for convenience and general informational purposes only and is not intended to convey advice or recommendations.
YOU MAY ACCESS AND/OR USE THE WEBSITE ONLY IF YOU ARE A RESIDENT OF CANADA, HAVE REACHED THE AGE OF MAJORITY WHERE YOU LIVE AND YOU CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW IN THE JURISDICTION WHERE YOU LIVE. GameStop may request proof of identification and age (for example, proof of your ability to purchase certain games). If you are a minor, please have a parent or legal guardian conduct any purchase for you. Certain offers may only be available to limited geographical locations. WE SHIP PRODUCTS ONLY TO ADDRESSES IN CANADA.
2. CHANGES TO THESE TERMS; TERMINATION
We may change these Terms from time to time by posting revised Terms on the Website. Your access to and/or use of the Website after these revised Terms have been posted signifies your acceptance and agreement to be bound by the revised Terms. GameStop may in its discretion at any time immediately terminate, temporarily or permanently, these Terms or your permission to access and use the Website.
3. OWNERSHIP
The Website (including all text, images, videos, graphics, code, software and other content and intellectual property incorporated into the Website or available through the Website [collectively, "Content"]) is the exclusive property of GameStop and/or its licensors, and is protected by Canadian and foreign copyright, trademark and other laws as well as international treaties. Your use of the Website does not transfer to you any ownership or provide you with any exclusive rights in the Website or the Content.
The Website may not be used for any unlawful or commercial purpose; any access and use thereof by you is strictly limited to your personal and non-commercial purposes use only. You may use the Website only as expressly permitted in these Terms and subject to all applicable laws. Access to or use of the Website or any Content in a jurisdiction where the foregoing would violate any applicable laws or any third party rights is strictly prohibited. The Website and Content may not be copied, reproduced, modified or distributed in any way without the express prior written consent of GameStop. You may not sell or resell any part of the Website, access to the Website or any Content. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with these Terms.
4. REGISTERED USERS; PROTECTING LOGIN INFORMATION
Certain areas and features of our Website are available only to registered users. If you register as a user, you will be issued a login name and password by GameStop. Although GameStop has no obligation to verify the actual identity or authority of any person registering to use the Website, GameStop may in its sole discretion require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or refuse to accept or act upon any communication from a user.
If you have been issued a login name and password, you should not disclose your login name or password to any other person or let any other person use your login information. You are fully responsible and liable for the security of your login information and any and all unauthorized use of such information and any misuse of the Website or in terms of any Content through any use of your login information. If you believe that your login information has been lost, stolen or compromised, or has become known to or has been used by any other person, you must immediately notify GameStop by telephone at 877-442-6303 or by email to: help@gamestop.ca.
5. USE AND OWNERSHIP OF USER PROVIDED CONTENT
If you provide GameStop with any feedback, comments, ideas or suggestions, or post any content on the Website, you (i) represent and warrant that you are the owner or creator of such content (or have received permission from the owner or creator to make such submissions or postings subject to the Terms), and (ii) grant to GameStop, its successors, assigns and licensees, a worldwide, perpetual, royalty-free, irrevocable, unrestricted, nonexclusive, assignable, sublicensable, right and license to use, modify, enhance, adapt, translate, create derivative works and exploit such submissions or content for any purpose whatsoever, commercial or otherwise, using any form, media, medium, format or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of GameStop or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights anywhere and throughout the world in such submissions and/or content are waived in favour of GameStop and its successors, assigns and licensees.
6. ACCURACY OF INFORMATION YOU PROVIDE TO GameStop
You represent and warrant that all information you provide to GameStop through this Website, including registration information, payment information, and transaction-related information, is true, accurate and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, GameStop or any other person may incur as a result of you providing any false, incorrect or incomplete information, or if you fail to update your registration information and payment information within 30 days of any change.
7. ERRORS AND PRODUCT AVAILABILITY; OFFERS TO PURCHASE
Errors, misprints and omissions (including incorrect prices, descriptions or specifications for products) may sometimes occur. GameStop does not guarantee that products and services advertised on our Website will be available when ordered or thereafter. GameStop makes no warranty that the content of the Website, including product descriptions or photographs, is accurate or complete and specifically disclaims the foregoing.
In addition and supplementary to the provisions of the Purchase Terms and Conditions stated below, GameStop may at any time, without any prior notice or liability to any Website user (a) correct any error, inaccuracy or omission; (b) change the products and services available on the Website, or the prices, fees, descriptions and specifications of such products and services, any images associate with such products and services; (c) change the details and terms of any promotional offers; and (d) remove and/or change any Content; and (e) limit quantities of products and services available for sale and the terms and conditions that apply to any such sale and/or subsequent use or transfer thereof.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars.
8. TRADEMARKS/LOGOS
GameStop™, the gamestop.ca logo and other names and logos that are used on our Website (collectively, the "Marks") are registered or unregistered trademarks, and/or trade names owned by GameStop or by its respective licensors. Any use, reproduction or display of the Marks (other than as permitted by these Terms) is strictly prohibited. Nothing in this Website shall grant, or is intended to grant, any license or right to use any of the Marks.
9. NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR UNAUTHORIZED POSTINGS
Linking to the Website without the prior written permission of GameStop is strictly prohibited. If you desire to link to our Website, you may send an email to feedback@gamestop.ca requesting such permission. GameStop may in its sole discretion deny or revoke any permission it may give to link to the Website at any time and without any notice or liability.
The framing, mirroring, scraping or data-mining of the Website or any of the Content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments or any other information of any kind to or on the Website that would be visible to any other users, except in connection with the use of GameStop forums or other Website locations intended for such comments and hosted by GameStop.
10. CONTESTS
GameStop may make contests available to users of the Website and others. All contests are governed by these Terms and the applicable contest rules. By participating in a contest through the Website, you are agreeing to these Terms and the applicable contest rules, as same may be amended by GameStop from time to time in its sole discretion.
11. PURCHASE TERMS AND CONDITIONS
11.1 ACCEPTANCE OF ORDERS --
We may limit quantities of products available for sale or sold, and we reserve the right at any time to reject or correct any order for any reason whatsoever. Certain offers may not be available in certain geographical areas or may be limited to individuals holding a particular membership with GameStop. If the price of any product you order was incorrectly displayed on our Website, we will provide you with an opportunity to place an order at the correct price assuming such product is available.
Advertisements on our Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. Your properly completed and delivered order information constitutes your offer to purchase the products or services referenced in your order. You will be provided with an opportunity to verify and correct information you entered prior to placing your order. Your order will be deemed to be accepted only if and when we send a confirmation of the terms of your order to your email address and will be subject to these Purchase Terms and Conditions and the additional terms and conditions included in your order, which together will form a legally binding contract with Electronics Boutique Canada Inc., which operates gamestop.ca. If we cannot ship your entire order at one time, we will only process payment for the parts of the order that we ship to you.
If you wish to cancel an order, you may request a cancellation by logging into your account and cancelling your order or by calling 877-442-6303. However, if we do not receive or are not able to process your cancellation request before we accept and ship your order, your cancellation request will not be effective unless we decide otherwise. If we are unable to cancel your order before it is shipped, you may request a return authorization in accordance with GameStop's return policy. https://www.gamestop.ca/Help/Index?section=HelpCenter/ReturnPolicy
We may cancel an order at any time without any liability notwithstanding the fact that we have previously sent an order confirmation in regard to such order. We will endeavor to provide you with prompt written notice in terms of any order that we elect to cancel.
Unless otherwise indicated, all prices and other amounts are in Canadian dollars.
11.2 SHIPPING --
If GameStop has the product(s) you ordered in stock, we will email you a shipping and payment notice confirming that the items have shipped and are en route to you. In-stock orders (excluding special delivery items) normally ship within one business day of placing your order, but may be delayed if GameStop needs additional information or otherwise is delayed in shipping process. Out-of-stock orders will ship once the item is back in stock. We will send you the shipping notice once the item is back in stock and has been shipped. How soon you receive the product(s) depends on the shipping method you have chosen. Our shipping process and options that you may have with regard to shipment are described at https://www.gamestop.ca/Help/Index?section=HelpCenter/Delivery
The total price of your order will be charged to your credit card when our shipping and payment notice email has been sent to your email address.
11.3 DELIVERY --
Delivery is subject to warehouse availability. Out-of-stock items will be shipped promptly after arrival from the manufacturer/publisher. Please take shipping time into consideration.
11.4 REFUNDS AND RETURNS --
When you receive your package, you should examine it closely before opening the factory sealed product packaging to determine that it is what you ordered. If you are not satisfied with your order, you may exchange or return your product at any GameStop or GameStop retail store in Canada. We also accept returns by mail for orders that were shipped directly to you https://www.gamestop.ca/Help/Index?section=HelpCenter/ReturnPolicy. The returned product should be returned in the same condition as when you purchased it, with all manuals, accessories, and the packing slip.
We are pleased to exchange or give you a refund in-store on most items you buy online, up to 30 days after delivery of such item. We will exchange game consoles up to 14 days after delivery of such item. Delivery of an item is deemed to have been completed when the item in question is left at the shipping destination or is available for pick up by you from the carrier. Our return policy is described at https://www.gamestop.ca/Help/Index?section=HelpCenter/ReturnPolicy.
Computer and game console software, music CDs, DVDs and videos in opened packages may only be exchanged for the same item. Shipping and handling (S&H) charges are non-refundable; however, we will refund your original shipping cost if you are returning a defective item, or because of an error on our part.
All products (whether defective or non-defective) must be returned in their original purchase condition, with the original packing material, blank warranty cards, manuals and any other item or accessory provided by the manufacturer. IMPORTANT: If a returned order has items missing, the order may be refused, or the value of the missing materials may be deducted from the total credit amount.
On purchases made with a credit card, the same card used to make the purchase will be credited with the refund. The credit will be made within 7 business days of us receiving and verifying the returned merchandise.
11.5 METHODS OF PAYMENT --
You can pay for any purchase you make online by using an GameStop Canada Gift Card, PayPal or a U.S. or Canadian MasterCard, VISA or American Express card. We also accept Canadian Edge cards, but we are not able to accept gift cards or loyalty cards from any of our affiliates.
We may, from time to time and with respect to certain products or promotions, make available third party offers in terms of purchase loans and other financing (collectively, "Purchase Financing"). In the event we do so, you acknowledge and understand that such Purchase Financing is offered solely by the underlying financial services firm or organization and that we have no involvement in terms of the foregoing. Use of Purchase Financing is entirely at your discretion and is not required to make any purchases through the Website. You acknowledge and understand that we are not provide any endorsement or recommendation in regard to the use of any Purchase Financing and you hereby confirm that you have made your own independent assessment in terms of the suitability of such Product Financing to your personal needs and circumstances.
You acknowledge and understand that such Purchase Financing will be subject to a separate agreement to which we are not a party and further understand that applying for and/or obtaining such Purchase Financing may negatively affect your credit score. You acknowledge and confirm that you have read and understand the applicable agreement for such Purchase Financing and associated terms and conditions. You agree that in the event of any problem or dispute with respect to such Purchase Financing that we will have no responsibility or liability whatsoever in regard to the foregoing and your sole remedy, if any, will be against the financial services firm or organization who offered and/or provided such Purchase Financing.
Any dispute in regard to the Purchase Financing will not allow you to cancel any associated order made through the Website and you will not be entitled to set off any amounts you believe are owed to you by the financial services firm or organization against any amount that you owe us or may come to owe us.
You understand that Purchase Financing may be terminated in the event your order is cancelled. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY NEGATIVE IMPACT ON YOUR CREDIT SCORE CAUSED BY THE FOREGOING AND/OR CAUSED BY ANY SUBSEQUENT ORDER AND SUBSEQUENT ATTEMPT TO OBTAIN PURCHASE FINANCING FOR SUCH SUBSEQUENT ORDER, EVEN IF THE CANCELLATION OF THE ORDER IS ATTRIBUTABLE TO US.
11.6 ADVERTISING REBATE POLICY --
Any applicable taxes are calculated and payable on the price before applying the rebate. Postage must be paid on mail-in rebates. GameStop is not responsible for manufacturer mail-in rebates.
11.7 ERRORS AND MISPRINTS --
If we discover that a product's price, description or specifications are misstated or incorrect, we will endeavour to correct the error on our Website. You should always check the manufacturer's or service provider's description and specifications for any product or service that you may want to purchase.
Any calculation of applicable retail sales tax (including, without limitation, the GST, PST, QST and/or HST) or other similar taxes (collectively, “Taxes”) in conjunction with a purchase on our Website is an estimate only. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY MISTAKE OR IMPROPER CALCULATION OF RETAIL SALES TAX OR OTHER SIMILAR TAXES. You acknowledge and agree that you are solely responsible for the payment of any Taxes payable in conjunction with your purchases on the Website and that you are responsible for paying any shortfall and shall do so immediately upon request even where the foregoing is attributable to our incorrect calculation of such Taxes.
If we make an error with regard to your order, without limitation to any other remedy we may have, we may correct or cancel an order at any time, and/or edit an order to reflect the correction (you will have the right to approve or confirm any increase in price or shipping charges). In the event that you are shipped an incorrect product, we will accept the return of the product and provide you with a refund.
12. DISCLAIMERS, LIABILITY EXCLUSIONS/LIMITATIONS ON LIABILITY AND INDEMNITY
12.1 DISCLAIMERS --
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE WEBSITE AND CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING, WITHOUT LIMITATION, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO QUALITY, ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE, ERROR FREE OPERATION, UNINTERRUPTED OPERATION, AVAILABILITY, NON-INFRINGEMENT OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY GameStop TO THE FULLEST EXTENT PERMITTED BY LAW.
12.2 LIABILITY EXCLUSIONS --
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GameStop AND ITS SERVICES PROVIDERS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR AGGRAVATED LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE, THE CONTENT OR THESE TERMS AND CONDITIONS OF USE AND PURCHASE INCLUDING BUT NOT LIMITED TO LOSS OR CORRUPTION OF DATA, LOSS OF BUSINESS, LOSS OF MARKETS, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF INCOME, LOST PROFITS, LOSS OF USE, LOSS OF PRODUCTION, LOSS OF REPUTATION, DEPRECIATION OF GOODWILL, OR ANY OTHER ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, CIVIL LIABILITY, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING, WITHOUT LIMITATION, GROSS NEGLIGENCE, WILFUL MISCONDUCT AND FUNDAMENTAL BREACH) BY GameStop OR ANY PERSON FOR WHOM GameStop IS RESPONSIBLE, AND EVEN IF GameStop HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. FOR QUEBEC RESIDENTS, THE FOREGOING EXCLUSION OF LIABILITY DOES NOT EXTEND TO LIABILITY ARISING FROM INTENTIONAL OR GROSS FAULT, OR WITH RESPECT TO ANY PERSONAL OR MORAL INJURY.
GameStop WILL NOT BE LIABLE FOR ANY DAMAGES ARISING DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ANY CAUSES OR CIRCUMSTANCES THAT ARE BEYOND ITS REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, ANY STRIKE, LOCK-OUT OR OTHER LABOUR DISPUTE, ANY SHORTAGE OR UNAVAILABILITY OF PHYSICAL OR HUMAN RESOURCE, ANY THIRD PARTY BREACH, ANY UNAVAILABILITY OF PUBLIC OR THIRD PARTY TELECOMMUNICATION NETWORK, ANY POWER OUTAGE, ANY ACT OF WAR, ANY ACT OF TERRORISM, ANY RIOT, ANY REAL OR APPREHENDED INSURRECTION, ANY ACT OF GOVERNMENT OR PUBLIC BODY AND THE LIKE.
12.3 ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS --
YOU ACKNOWLEDGE AND CONFIRM THAT THIS SECTION 12 CONSTITUTES AN ESSENTIAL AND MATERIAL PROVISION OF THE AGREEMENT BETWEEN YOU AND GameStop AND THAT IN THE ABSENCE OF THE PROTECTION PROVIDED TO GameStop PURSUANT TO THIS PROVISION, GameStop WOULD NOT HAVE PROVIDED YOU WITH ANY RIGHT OR OTHER BENEFIT IN REGARDS TO THE WEBSITE OR CONTENT, OR ANY SERVICES, AND/OR PRODUCTS AVAILABLE THROUGH THE WEBSITE.
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY THEREFORE NOT FULLY APPLY TO YOU. FOR EXAMPLE, THE LIABILITY EXCLUSIONS DO NOT APPLY TO QUEBEC RESIDENTS WITH RESPECT TO BODILY OR MORAL INJURIES SUFFERED BY THEM OR TO DAMAGES SUFFERED BY THEM THAT ARISE FROM INTENTIONAL OR GROSS FAULT.
13. PERSONAL INFORMATION; PRIVACY POLICY
GameStop collects, uses and discloses personal information in accordance with its Privacy Policy. You can review our Privacy Policy by clicking here https://www.gamestop.ca/Help/Index?section=Privacy. By accepting these Terms, and each time you use the Website, you consent to GameStop's collection, use and disclosure of any personal information you have provided in accordance with GameStop's Privacy Policy as it then reads.
14. LINKS TO OTHER WEBSITES/RESOURCES
Our Website may include links to other Internet websites or resources, and to businesses operated by other persons. These other websites are not operated or controlled by GameStop. Accordingly, GameStop is not responsible for, and will have no liability for, these other websites, their business, goods, services, or content. If you link to or use any of these other websites, your dealings with the owners or operators of these websites is at your own risk, and you agree that you will not make any claim against GameStop arising from your use of any of these other websites.
15. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms, your access to and use of the Website, and all related matters are governed solely by the laws of Ontario, Canada and applicable federal laws of Canada (and in the case of use of the Website in Quebec by residents of Quebec, by the laws of Quebec and the applicable federal laws of Canada). Any dispute between you and GameStop or any other person arising from, connected with or relating to the Website, these Terms, or any related matters ("Disputes") will be resolved before the Courts of Ontario, sitting in the City of Toronto (and in the case of use of the Website in Quebec by residents of Quebec, before the Courts of Quebec, sitting in the City of Montreal), and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.
16. OTHER MATTERS
If any provision of these Terms is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms and the remaining provisions will continue in full force and effect.
These Terms ensure to the benefit of and are binding upon each of GameStop and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign any rights or obligations that you have under these Terms. GameStop may assign its rights and obligations under these Terms without your consent and without prior notice to you.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
You expressly agree to having these Terms presented to you in English. A French version of these Terms can be accessed by selecting the "Français" link in the top right-hand side of our website. Vous consentez à ce que ses Conditions d'usage vous soient présentées en anglais.
Any rights not expressly granted by these Terms are reserved to GameStop.
17. GAMESTOP CONTACT INFORMATION
You may contact GameStop by telephone, email, or postal mail:
Electronics Boutique Canada Inc.
8995 Airport Road
Brampton, Ontario
Canada L6T 5T2
Tel.: 1-877-442-6303
Email: help@gamestop.ca
