Terms & Conditions 2
PRODUCT ORIGIN AND CONDITION
We only sell GENUINE, original manufacturer, LICENSED products exactly the same as you would find in an Australian retail store. If you are not sure whether a DVD or game advertised on eBay is genuine look for the official oflc.gov.au Australian rating sticker or imprint on the front - if it is not there - it is probably an unlicensed and inferior product. It is illegal to sell pirate, bootleg or unauthorized copies. All items we sell are guaranteed free of defects. If you have any problems see our returns policy.
RETURNS / REPLACEMENTS
Customer satisfaction is what we strive for and we realize from time to time a customer may wish to return a product after purchase if it is faulty or Damaged in the manufacturing process. Each item is sold with a full money back guarantee (excluding shipping & handling charges) if returned unopened within 14 days - this does not include orders where you have simply changed your mind.
In the unlikely event that an item is found to have manufacturing faults, or has been incorrectly sent, we will gladly replace it. Claims for faulty merchandise need to be made within 14 days of receipt/delivery. Returned goods MUST be accompanied by the invoice supplied.
We accept no liability for loss, damage, or consequential loss whatsoever resulting from or due to the use of uninsured postal methods (Regular Post or Airmail without insurance).
Please contact us by email before returning any product or to discuss any problem you may have with the item before leaving feedback. Smooth transactions will receive positive feedback, once the sale is complete. We consider a sale to be completed once you have left us positive feedback. We will leave positive feedback only when positive feedback is left for us.
We appreciate all payments being received within 7 business days. We will send you an email when your cleared payment is received by us. If you are having difficulty paying please contact us immediately to see if alternative arrangements can be made. All payment details are available when you checkout. Payment reminders are sent every 7 days.
Wizard DVD and OZ DVD Movies are trademarks and trade dress may not be used in connection with any product or service that is not Wizard DVD and OZ DVD Movies, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wizard DVD and OZ DVD Movies. All other trademarks not owned by Wizard DVD (wizarddvd.com.au) or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wizard DVD, wizarddvd.com wizarddvd.com.au or its subsidiaries.
Access and Licenses
Wizard DVD and wizarddvd.com.au grants you a limited license to access and make personal use of
this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Wizard DVD. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Wizard DVD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Wizard DVD and our associates without express written consent. You may not use any Meta tags or any other "hidden text": utilizing Wizard DVD's name or trademarks without the express written consent of Wizard DVD. Any unauthorized use terminates the permission or license granted by Wizard DVD. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Wizard DVD. 'so long as the link does not portray Wizard DVD, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Wizard DVD logo or other proprietary graphic or trademark as part of the link without express written permission.
Gift Certificates can not be exchanged for cash.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Wizard DVD ON AN "AS IS": AND "AS AVAILABLE": BASIS. Wizard DVD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Wizard DVD DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Wizard DVD DOES NOT WARRANT THAT THIS SITE, ITS SERVERS,OR E-MAIL SENT FROM Wizard DVD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Wizard DVD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,PUNITIVE,
AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute relating in any way to your visit to Wizard DVD or to products you purchase through Wizard DVD shall be submitted to confidential arbitration at our Head Office on the Gold Coast, except that, to the extent you have in any manner violated or threatened to violate Wizard DVD intellectual property rights, Wizard DVD may seek injunctive or other appropriate relief in any state or federal court in the state of Wizard DVD, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules of the State in which Wizard DVD determines. The arbitrators' award shall be binding and may be entered as a judgment in any court of competent jurisdiction.To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Better Buy Now Terms & Conditions
Terms and Conditions
betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au are registered trademarks, trademarks or service marks of Wizard DVD. or its affiliates. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Wizard DVD. or its affiliates. All other trademarks or service marks are property of their respective owners. The use of any betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au. trademark or service mark without Wizard DVD's express written consent is strictly prohibited.
2. Registration; Customer Accounts; Use of Site. Certain services offered on or through the Site require you to first open a customer account ("My Account"). You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your My Account. You agree to notify betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au immediately of any unauthorized use of your account or password, or of any other breach of security. You may be held liable for losses incurred by betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au or by any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not gain or attempt to gain unauthorized access to the Site. Should you attempt to do so, or should you assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card or payment method to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or of any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or of any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load (as determined by betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au in its sole discretion) on the infrastructure of the Site or on any of the systems or networks comprising or connected to the Site.
While betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
4. Consent To Our Communication With You By E-Mail. By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au or follow the opt-out procedures set forth in such marketing emails.
5. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident of Australia. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable.
7. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au reserves the right at any time after receipt of your order to accept or decline your order for any reason. betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. Title to goods and all risk of loss passes to you upon delivery to the common carrier. All orders placed with a total order amount over $1000.00 (AUD) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind for commercial resale or any other customers who intend to resell.
8. Importing Products. Some of the products offered on the betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au site must be imported from other Countries. If you order products that must be shipped from other Countries, then you should understand that your order may take longer to arrive. More importantly, your purchase of products to be imported may impose legal responsibilities and obligations upon you. If you order products to be imported from other Countries, then by that order you agree that you are responsible to make sure (1) that the product can lawfully enter the destination country; and (2) that you comply with all laws and regulations of the destination country. When you receive an international shipment of imported products, you may be required to pay import taxes, customs duties and/or fees. If there are any additional charges for those taxes, duties or fees, or for customs clearance then you are responsible to pay them. betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au does not control the amount or timing of any taxes, duties or fees. Those are set by the destination country and we cannot estimate what those costs might be for any particular product or destination. We recommend that you contact your local customs officials with any questions or if you need more information.
9. No Responsibility To Sell Mispriced Products Or Services. betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au shall have the right to refuse, reduce or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au shall have the right to refuse, reduce or cancel any such orders whether or not the order has been confirmed and whether or not your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, then betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au shall issue a credit to your credit card account in the amount of the charge.
10. Modifications to Prices or Billing Terms. betterbuynow.com.au and Wizard DVD, wizarddvd.com, wizarddvd.com.au RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR UPON E-MAIL TRANSMITTAL TO YOU.
11. Price Comparisons, "List Price" and "You Save". Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. "LIST PRICE" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at list price in any particular location or at any particular time. "YOU SAVE" reflects the difference between our price and the supplier provided list price shown on our sites. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and you may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
12. Warranty, Technical Service and Support for Goods Sold. All requests for warranty claims, technical service or support should be made directly to the manufacturer in accordance with their terms and conditions.
14. Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD's PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR FOURTEEN (14) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
16. Policy to Terminate Privileges for Copyright Infringement. Pursuant to 17 U.S.C. §512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD will terminate the infringing customer's account. betterbuynow.com.au and wizarddvd.com, wizarddvd.com.au, Wizard DVD may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has a good faith belief that such unlawful infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c)