PlayStation™ 30th Anniversary Collection Private Sale Event
Terms and Conditions
Last Revised: December 19, 2024
These Terms and Conditions ("Terms") apply to the GameStop Canada’s PlayStation™ 30th Anniversary Collection Private Sale event (the "Event") and have been in effect since the date first indicated above.
PLEASE READ THESE TERMS CAREFULLY. THEY GOVERN PARTICIPATION IN THE EVENT AND ANY PURCHASE OF MERCHANDISE YOU MAKE IN CONJUNCTION WITH THE EVENT. THEY EXONERATE ELECTRONICS BOUTIQUE CANADA INC. (COB 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 Electronics Boutique Canada Inc. ("GameStop Canada" or "we", “us” and “our”) and any individual invited by GameStop Canada to participate in the Event (“you” and “your”). These Terms also may refer to and benefit GameStop Canada's parent, affiliates, service providers, suppliers and other persons.
- PARTICIPATION IN THE EVENT AND ACCEPTANCE AND AGREEMENT TO THESE TERMS
These Terms govern your participation in the Event and any purchase you make in conjunction with the Event and, generally, your access to and use of the Event section on the gamestop.ca website (the “Event Microsite”). Each time you access and/or use the Event Microsite you agree to be bound by these Terms as they then read. You represent and warrant that you have the legal capacity to agree to and accept these Terms. If you do not agree with these Terms, you may not participate in the Event, complete any purchase of Event merchandise, or access or use the Event Microsite.
If you have not yet reached the age of majority in the province or territory in which you reside, you must: (i) obtain permission from your parents or legal guardian before accessing the Event Microsite; (ii) have your parents or legal guardian review these Terms and confirm their application and binding nature and the agreement created thereby; and (iii) have your parents or legal guardian approve in advance any purchase of Event merchandise. We may require written confirmation of the foregoing from your parents or legal guardian at any time and from time to time in our sole discretion.
Access to the Event Microsite is also subject to the Terms and Conditions of Purchase and Use for the gamestop.ca website (the “Website”) which can be accessed here. In the event of any conflict between the Terms and Conditions of Purchase and Use and these Terms, these Terms will govern in regard to the Event, access to the Event Microsite and any purchase of Event merchandise conducted in conjunction with the Event. YOU MAY ACCESS AND/OR USE THE EVENT MICROSITE ONLY IF YOU ARE A RESIDENT OF CANADAWE SHIP PRODUCTS ONLY TO ADDRESSES IN CANADA.
Participation in the Event and ability to purchase Event merchandise is limited to individuals selected by GameStop Canada in its sole discretion (each, a “Participant”). GameStop Canada reserves the right to revoke any invitation and the right to participate in the Event. Invitations are personal to the intended recipient and are non-transferable and cannot be shared.
Any purchase of Event merchandise by a Participant must be for personal purposes and not for resale or any other commercial purpose.
A Participant’s participation in the Event and ability to purchase Event merchandise is subject to the Participant’s execution of a waiver and release in regard to the Event and any purchase of Event merchandise. Such waiver and release will be accessible and may be completed through the Event Microsite. Participants who have not yet reached the age of majority in the province or territory in which they reside will be required to have their parent or legal guardian sign such waiver and release accepting and confirming its terms and conditions and its binding nature and application.
A Participant’s participation in the Event and ability to purchase Event merchandise is also subject and compliance with these Terms and the general Terms of Purchase and Use for the Website.
- CHANGES TO THESE TERMS; TERMINATION
We may change these Terms from time to time by posting revised Terms in the Event Microsite. Your access to and/or use of the Event Microsite and participation in the Event after these revised Terms have been posted signifies your acceptance and agreement to be bound by the revised Terms. We may in our discretion at any time immediately terminate, temporarily or permanently, these Terms, your participation in the Event and/or your permission to access and use the Event Microsite.
- EVENT DETAILS
The Event commences on December 20, 2024 at 11AM Eastern Time (ET) and ends at 3PM Eastern Time (ET) on December 20, 2024. Only EDGE PLATINUM/ONYX Members who have accounts in good standing and who are registered to receive marketing e-mail communications from GameStop Canada will be considered by GameStop Canada in terms of participation in the Event. EDGE PLATINUM/ONYX Members whose account has been flagged by GameStop Canada as dormant, inactive or suppressed will not be considered for possible participation in the Event.
Those eligible EDGE PLATINUM/ONYX Members who are selected by GameStop Canada to participate in the Event, in its sole discretion, will receive an e-mail invitation from GameStop Canada inviting them to participate in the Event (each, an “Invitation”).
The Invitation will be sent to the e-mail account associated with the selected EDGE PLATINUM/ONYX member account. GameStop Canada is not responsible for misdirected Invitations or for any failure to properly send an Invitation.
You acknowledge and understand that GameStop Canada has limited quantities of Event merchandise and that there are a greater number of Participants than available quantities of Event merchandise. GameStop Canada has therefore imposed limits in terms of purchase quantities of Event merchandise. Likewise, purchase of Event merchandise will be on a first-come, first-serve basis. GameStop Canada will not reserve or hold Event merchandise for you even if Event merchandise has been added to your shopping cart for the Event Microsite. No rainchecks will be provided in terms of any Event merchandise that is not available or no longer available for purchase even where such Event merchandise was added to your cart or where GameStop Canada accepted your purchase request.
Participants will cease to have the ability to purchase Event merchandise on or after 3PM ET on December 20, 2024.
- PURCHASE TERMS AND CONDITIONS
4.1 ACCEPTANCE OF ORDERS --
Advertisements on the Event Microsite are invitations to you to make offers to purchase Event merchandise and are not offers to sell. Your properly completed and delivered order constitutes your offer to purchase the Event merchandise referenced in such order. You will be provided with an opportunity to verify and correct information you entered prior to placing your order.
We may reject an order for any reason in our sole discretion and are not required to provide notice of any such rejection. Your order is only accepted, and a legally binding contract is only created in regard to an order, if and when we send you a notice by e-mail indicating acceptance of your order (an “Order Acceptance Confirmation”).
After you submit an order we will endeavour to send you a notice confirming receipt of your order (an “Order Receipt Acknowledgement”). An Order Receipt Acknowledgement only confirms receipt of your offer to purchase the Event merchandise referenced in your order and does not constitute acceptance of your order and offer to purchase.
Your order may be accepted in whole or in part by us, in our sole discretion, and we are only agreeing to selling you the Event merchandise expressly listed in the underlying Order Acceptance Confirmation we send in regard to your order (as the case may be).
Although we will endeavour to send you an order rejection notice (an “Order Rejection Notice”) if your order is rejected in whole or in part, our failure to do so (or our failure to do so in a timely matter) does not constitute acceptance of your order. Likewise, we will not otherwise be liable for any failure to deliver an Order Rejection Notice (or any other communication of our rejection of an order) or for any delay in us doing so.
Any order that we accept, as described above (an “Accepted Order”), 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 GameStop Canada.
We may ship products forming part of an Accepted Order in one or more shipments and at different times. If we do not ship your entire Accepted Order at one time, we will only process payment for the parts of the order that we ship to you.
We may limit quantities of products available for sale or sold, and we reserve the right at any time to correct any errors in any Order Acceptance Confirmation. If the price of any Event merchandise you order was incorrectly displayed on the Event Microsite, we will provide you with an opportunity to place an order at the correct price assuming such Event merchandise is still available for purchase through the Event Microsite.
Unless otherwise indicated, all prices and other amounts indicated on the Event Microsite, in any Order Receipt Acknowledgement and/or in any Order Acceptance Confirmation are in Canadian dollars.
4.2 ORDER CANCELLATION --
Orders for Event merchandise may not be cancelled by you. All sales of Event merchandise are final.
Unless prohibited by applicable laws of the province or territory in which you reside, we may cancel an Accepted Order at any time without any liability notwithstanding the fact that we have previously sent an Order Acceptance Confirmation in regard to such order. We will endeavor to provide you with prompt written notice in terms of any Accepted Order that we elect to cancel.
4.3 SHIPPING --
We will endeavour to ship Event merchandise forming part of an Accepted Order by December 24, 2024, but may be delayed if we need additional information. Lost or misdirected shipments of Event merchandise will not be replaced and, instead, a refund of the price actually paid to GameStop Canada by the affected individual for the lost or misdirected Event merchandise will be provided.
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.
4.4 RETURNS --
All sales are final. Event merchandise may not be returned to GameStop Canada for any reason. If Event merchandise that you purchase is defective or is otherwise not operating in accordance with the manufacturer’s specifications, your only available recourse will be through the manufacturer of the Event merchandise. GameStop Canada will not accept returns or facilitate exchanges or repairs of Event merchandise on behalf of the manufacturer, or otherwise have any responsibility or involvement in terms of a manufacturer’s warranty for Event merchandise and any repair or replacement of same. A copy of the manufacturer’s warranty for Event merchandise can be accessed here and will be provided with Event merchandise. Please review it carefully.
4.5 METHODS OF PAYMENT --
You can pay for any purchase you make online by using an GameStop
4.6 ERRORS AND MISPRINTS --
If we discover that any Event merchandise’s price, description or specifications are misstated or incorrect, we will endeavour to correct the error on the Event Microsite. You should always check the manufacturer's description and specifications for any Event merchandise 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 of Event merchandise through the Event Microsite 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.
4.7 LIMITED WARRANTY & EXTENDED WARRANTIES
GameStop Canada does not provide any warranty of any sort in regard to Event merchandise and disclaims any and all warranties and conditions, whether express or implied, in regard to Event merchandise, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, durability, availability, repairability, conformity with specification and non-infringement.
Event merchandise is not eligible for GameStop Canada’s Product Replacement Plan™ (PRP) and/or its Game Play Guarantee™ (GPG).
- DISCLAIMERS AND LIABILITY EXCLUSIONS/LIMITATIONS OF LIABILITY
5.1 DISCLAIMERS --
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR PARTICIPATION IN THE EVENT, YOUR ACCESS TO AND USE OF THE EVENT MICROSITE AND CONTENT AND YOUR ACCESS TO AND USE OF ANY EVENT MERCHANDISE IS AT YOUR OWN RISK. THE EVENT MICROSITE 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, REPAIRABILITY OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY GAMESTOP CANADA TO THE FULLEST EXTENT PERMITTED BY LAW.
5.2 LIABILITY EXCLUSIONS --
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GAMESTOP CANADA 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 EVENT MICROSITE, THE CONTENT OR THESE TERMS 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 CANADA OR ANY PERSON FOR WHOM GAMESTOP CANADA IS RESPONSIBLE, AND EVEN IF GAMESTOP CANADA 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.
WITHOUT LIMITATION TO THE FOREGOING, IN THE EVENT GAMESTOP CANADA IS UNABLE TO FULFILL ANY ORDER FOR EVENT MERCHANDISE, WHETHER IN WHOLE OR IN PART, GAMESTOP CANADA’S ONLY OBLIGATION WILL BE TO REFUND TO THE PARTICIPANT THE PRICE ACTUALLY PAID BY HIM OR HER TO GAMESTOP CANADA IN REGARD TO THAT PART OF THE ORDER THAT COULD NOT BE FULFILLED.
GAMESTOP CANADA 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.
5.3 ACKNOWLEDGEMENT AND EXCLUSION BY STATUTE IN CERTAIN JURISDICTIONS --
YOU ACKNOWLEDGE AND CONFIRM THAT THIS SECTION 5 CONSTITUTES AN ESSENTIAL AND MATERIAL PROVISION OF THE AGREEMENT BETWEEN YOU AND GAMESTOP CANADA AND THAT IN THE ABSENCE OF THE PROTECTION PROVIDED TO GAMESTOP CANADA PURSUANT TO THIS PROVISION, GAMESTOP CANADA WOULD NOT HAVE ALLOWED YOU TO PARTICIPATE IN THE EVENT, ACCESS THE EVENT MICROSITE OR PROVIDED YOU WITH ANY RIGHT OR OTHER BENEFIT IN REGARD TO THE EVENT SECITON OR CONTENT, OR PROVIDED YOU WITH THE POTENTIAL OPPORTUNITY TO PURCHASE EVENT MERCHANDISE.
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.
- GOVERNING LAW AND DISPUTE RESOLUTION
These Terms, your access to and use of the Event Microsite, and your participation in the Event, 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 Event Microsite in Quebec by residents of Quebec, and for Participants residing in the Province of Quebec, by the laws of Quebec and the applicable federal laws of Canada). Any dispute between you and GameStop Canada or any other person arising from, connected with or relating to the Event, the Event Microsite, 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 Event Microsite in Quebec by residents of Quebec, and for Participants residing in the Province 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.
- 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 Canada 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 Canada 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 located in the top right-hand side of the Event Microsite. 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 Canada.
- GAMESTOP CANADA CONTACT INFORMATION
You may contact GameStop Canada 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
