All references to "you" and "your" are deemed to refer to any user and/or visitor of www.pwnedgames.co.za ("Website").

These terms and conditions ("Terms and Conditions") govern:

• Your use of the website.
• Your use of the forum.

Acceptance of Terms:

• Pwned Games permits the use of this website subject to the "Terms and Conditions". By using this website in any way, you shall be deemed to have accepted all the "Terms and Conditions" unconditionally. You must not use this website if you do not agree to the "Terms and Conditions".

Use of the Website:

• You may only use the website if you are 18 years of age or older. If you are under 18, you may use the website only with the involvement of your parent or legal guardian.

• You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this website. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

• You may not use the website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

• You may not display, publish, copy, print, post or otherwise use the website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Company representative.

Ownership & Copyright:

• The contents of this Website, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to the Company.

• No licence to or right in any of such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited. To obtain permissions for the commercial use of any content on this site contact our Admin Manager at 021 418 1372 or e-mail This email address is being protected from spambots. You need JavaScript enabled to view it..

Disclaimer:

• Any person who accesses this website or relies on this website or on the information contained herein does so at his or her own risk.

• While the Company takes reasonable measures to ensure that the contents of this website are accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this website or as to the accuracy, completeness or reliability of any information on this website.

• All information provided on this website is provided "as is" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

• The Company does not accept any responsibility for any errors or omissions on this website.

• In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on this website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.

Linked Third Party Websites:

• This Website may contain links or references to other websites ("Third Party Websites") outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.

• Notwithstanding the fact that this website may refer to or provide links to third party websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

Privacy Policy:

• We respect your privacy. Should you decide to make use of our Website, the only personal information that we will require of you is the following:
  
  • your name and surname;
  • your contact number;
  • your email address;
  • your physical address;
• It is your responsibility to update any of your personal information that you provide to us as soon as it is no longer accurate and complete.

• This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use to recognize repeat users, facilitate the user’s ongoing access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note however that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.

• You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

• The purposes for which we will use your personal information are as follows: to contact you regarding a current order, current or new products or services, to inform you of new features, special offers and promotional competitions (provided you have consented to receiving such marketing material), and to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us.

• The Company will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is:
  
  • required in order to comply with applicable law, order of court or legal process served on the Company; and/or
  • disclosure is necessary to protect and defend the rights or property of the Company.
• We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.

• We will:
  
  • treat your personal information as strictly confidential;
  • take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
  • promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
  • provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
  • upon your request, promptly return or destroy any and all of your personal information in our possession or control.
• We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

• If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than the Company, the company shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

Limitation of Liability:

• The company shall not be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use of, or reliance upon, any material or content contained in, or inability to use, and/or unlawful activity on, the website and/or any linked third party website.

• You hereby indemnify the company against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.

Changes to these Terms & Conditions:

The Company reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.

• Availability and termination
  • We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
  • The Company may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.
• Governing Law
  These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

Terms & Conditions of Sale:

• Sale of Goods
  • 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 costs 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 15%, 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.

Terms & Conditions of Trades:

• Trade of Goods
  • These Terms and Conditions of Trade-ins govern the trade of products (“Goods“) by you to the Company. All trades and trade-in queries are to be e-mailed to This email address is being protected from spambots. You need JavaScript enabled to view it..
  • Only once an agreement has been made by both parties would you then bring all trade items discussed via e-mail to our store for inspection.
  • Upon passing inspection we would proceed with the aforementioned trade agreement discussed via e-mail.
  • Trades and Trade-ins discussed are valid for 3 days.
  • No trades or trade-ins will be initiated in-store and will have to follow the procedure as above.

General Condition Guidelines:

• Video Games (New / Used / Pwned):
  
  • New: Unless specified in the product title, all new video game items are sealed in full retail packaging.
  • New with OEM Packaging: All new OEM packaged video game items are NOT sealed in retail packaging and will either be packaged in an unbranded box or supplied unboxed, wrapped in bubble-wrap.
  • Used / Pwned - Activation codes for bonus online content may be missing or expired. The product may not include downloadable content nor booklets / manuals or additional accessories which is usually included with a new version. Consoles do not include the original packaging unless stated otherwise.

• Retro Consoles & Video Games Condition Descriptions (Used / Pwned):
  
  • Mint: No wear - Perfect condition with no flaws.
  • Near Mint: Virtually no wear - Almost perfect condition with the smallest of flaws or signs of use.
  • Excellent: Minimal signs of wear - May have been used sparingly and will have a few scratches or flaws on it.
  • Very Good: Normal signs of wear - The item will have multiple flaws; even a major flaw or two.
  • Good: Obvious signs of wear - The item will have a lot of flaws including scratches, tears, chips, and other problems.
  • Fair: Advanced wear - The item will be in working condition, but will have many flaws, and will not be in a "collector's grade" condition.
  • Below Average: Bad condition - The item will be in poor condition with many flaws, but will turn on or work.
  • Poor: Bad or non working condition - The item will be in poor condition with many flaws and may not work at all.

• Our overall retro rating consists of the above descriptions taken into account, scores calculated and then separated into the below grades for our general condition estimate:
  
  • [A+] Mint
  • [A] Mint to Near Mint
  • [A-] Near Mint
  • [B+] Excellent
  • [B] Excellent to Very Good
  • [B-] Very Good
  • [C+] Good
  • [C] Good to Fair
  • [C-] Fair
  • [D+] Below Average
  • [D] Below Average to Poor
  • [D-] Poor