This Plan is optional. You do not need to purchase it to receive the consumer guarantees provided by the Australian Consumer Law.

Your rights under the Australian Consumer Law cannot be excluded, restricted or replaced by this Plan. Those rights may continue beyond the Warranty End Date. The benefits in this Warranty are additional to all rights and remedies available under applicable law.

1. About this Extended Warranty

1.1 This Plan is a contract between the customer and Retro Gamers Vault.

1.2 It provides the additional repair, replacement and claim-handling benefits described in these Terms during the Plan Period.

1.3 A claim under this Plan is assessed according to these Terms. A customer does not have to establish that they are entitled to a remedy under the Australian Consumer Law to receive a benefit that is expressly covered by this Plan.

1.4 Nothing in these Terms limits a customer’s ability to make a separate claim under the Australian Consumer Law.

2. Eligibility

2.1 Unless Retro Gamers Vault agrees otherwise in writing, the Plan:

  • may only be purchased with an eligible product sold directly by Retro Gamers Vault;
  • must be purchased in the same transaction as that product;
  • only covers the product and included items identified during purchase;
  • is available for products ordinarily used for personal, domestic or household purposes; and
  • applies while the Covered Product is located in Australia.

2.2 Retro Gamers Vault may inspect and record the condition, identifying marks and serial number of a used or refurbished product before issuing the Plan.

2.3 The Plan is not valid unless service price has been paid in full.

3. Warranty Period

3.1 Cover begins on the date of purchase and ends at 11:59 pm Sydney time 12 months after.

3.2 The Plan does not automatically renew.

4. What is covered

4.1 Subject to these Terms, the warranty covers an internal electrical or mechanical failure that:

  • occurs during the Warranty Period;
  • arises during normal personal or household use;
  • prevents the Covered Product from performing its ordinary primary function; and
  • is not caused by an exclusion in section 7.

4.2 Cover includes:

  • reasonable diagnostic work;
  • labour and replacement parts needed for an approved repair;
  • faults in modifications installed by Retro Gamers Vault;
  • reasonable standard transport expenses for an approved claim; and
  • a replacement or other remedy under section 5 when repair is not reasonably available.

4.3 Coverage applies to a used, refurbished or vintage product despite its age, except for:

  • faults or limitations specifically disclosed to the customer in writing before purchase;
  • deterioration that is purely cosmetic;
  • excluded consumable items; and
  • ordinary characteristics or limitations reasonably expected from that product’s disclosed age and condition.

5. Remedies under Warranty

5.1 After confirming a covered fault, Retro Gamers Vault will first attempt to repair the Covered Product within a reasonable time.

5.2 Repairs may use compatible new, refurbished or aftermarket parts when original parts are no longer reasonably available. Any part used must be reasonably suitable for the Covered Product.

5.3 Before accepting a product for a repair that may use refurbished parts, Retro Gamers Vault will give the customer any repair notice required by law.

5.4 If repair is impossible, uneconomical or cannot be completed within a reasonable time, the customer may choose between the reasonably available options offered by Retro Gamers Vault:

  • a replacement product of comparable function, specifications, approximate age and condition; or
  • a refund or reimbursement being a pro-rated portion of the original purchase price.

5.5 A replacement vintage product does not have to carry the same production date, edition, packaging, cosmetic condition or collector value.

5.6 The total value of all benefits under the Warranty will not exceed the original purchase price of the Covered Product (the Warranty Limit).

5.7 If Retro Gamers Vault replaces the Covered Product or pays the full Warranty Limit:

  • ownership of the original product transfers to Retro Gamers Vault once the remedy is supplied;
  • the Warranty ends; and
  • the customer’s rights under the Australian Consumer Law remain unaffected.

5.8 Any amount available under the Australian Consumer Law is not reduced by the Warranty Limit.

6. Parts availability

6.1 The customer acknowledges that original parts for vintage hardware may no longer be manufactured.

6.2 Retro Gamers Vault will make reasonable efforts to source suitable parts. It is not required to use an original part where an original part is unavailable, unsafe, unreliable or disproportionately expensive compared with a suitable alternative.

6.3 If no suitable part or comparable replacement can reasonably be obtained, section 5.4 applies.

7. What is not covered

The Plan does not cover a problem to the extent it was caused by:

  • accidental damage, impact, crushing, dropping or unreasonable force;
  • liquid, moisture, corrosion, mould, fire, smoke, flood, storm or other external event;
  • theft, loss or unexplained disappearance;
  • insects, rodents or other infestation;
  • misuse, neglect, abuse or use contrary to reasonable operating instructions;
  • commercial, rental, tournament, arcade or unusually intensive use, unless listed as covered;
  • an incompatible power supply, voltage, cable, accessory or peripheral;
  • a power surge or faulty household wiring;
  • repair, modification or disassembly by an unauthorised person, but only where that work caused or contributed to the claimed failure;
  • removal or alteration of a serial number where this materially prevents verification of the claim;
  • a fault specifically disclosed in writing before the product was purchased;
  • continued use after a fault became apparent where that continued use caused additional damage;
  • transportation that was not arranged by Retro Gamers Vault and did not follow its reasonable packing instructions; or
  • an unlawful act or fraudulent claim.

The Plan also excludes:

 

  • scratches, discolouration, yellowing, fading, dents and other cosmetic deterioration that does not affect operation;
  • routine cleaning, servicing or maintenance;
  • consumable batteries, removable batteries, cables, fuses, bulbs, packaging and replaceable controller components, unless specifically listed as covered;
  • gradual reduction in battery capacity;
  • software errors, corrupted files, saved games, account access, passwords or user-generated data;
  • games, ROMs, downloadable content, licenses, subscriptions or digital entitlements;
  • online services, discontinued servers or changes made by a platform operator;
  • compatibility with products or software not expressly represented as compatible;
  • loss of use, loss of enjoyment or loss of collector value under this Plan; and
  • accessories, including controllers, attachments.

These exclusions apply only to benefits under this Warranty. They do not exclude any right or remedy that cannot lawfully be excluded.

8. Making a claim

8.1 To make a claim, contact Retro Gamers Vault using the claims contact details at the beginning of these Terms.

8.2 The customer should provide:

  • their name and contact details;
  • receipt or other reasonable proof of purchase;
  • the Covered Product’s serial or identifying number;
  • a description of the problem and when it began; and
  • photographs or video where reasonably requested.

8.3 Failure to produce the original receipt does not automatically invalidate a claim where the purchase and Warranty can be verified by other reasonable evidence.

8.4 The customer must not send or deliver the Covered Product until Retro Gamers Vault provides return instructions.

8.5 Retro Gamers Vault may ask the customer to perform safe, reasonable troubleshooting. The customer is not required to open or dismantle the product.

8.6 Retro Gamers Vault will acknowledge a claim within [2] business days and provide an assessment or progress update within [10] business days after receiving the information or product reasonably needed to assess it.

8.7 A delay in reporting a breakdown will not invalidate a claim unless the delay materially prejudices the assessment or causes additional damage.

9. Claim expenses

9.1 Retro Gamers Vault will bear reasonable standard transport and assessment expenses for an approved Plan claim within Australia.

9.2 Where practical, Retro Gamers Vault will provide a prepaid shipping label or arrange transport.

9.3 If Retro Gamers Vault authorises the customer to pay an expense, it will reimburse the reasonable authorised amount within [10] business days after receiving a valid receipt and the customer’s payment details.

9.4 Express transport, special packaging or expenses incurred without approval are only reimbursable if they were reasonably necessary in the circumstances.

9.5 If assessment finds no covered breakdown, Retro Gamers Vault will not charge an assessment or return-transport fee unless the amount was disclosed and accepted by the customer before the product was accepted for assessment.

10. Data and accounts

10.1 Repair or replacement may result in the loss of saved games, settings, accounts, software and other data.

10.2 Before submitting a product, the customer should, where possible:

  • back up user-generated data;
  • remove memory cards, discs and unrelated accessories;
  • sign out of personal accounts; and
  • remove passwords or provide temporary access instructions where reasonably required.

10.3 Retro Gamers Vault will provide any repair notice required under the Australian Consumer Law before accepting a data-storing product for repair.

10.4 Retro Gamers Vault is not responsible under this Warranty for data loss. This does not limit liability that cannot lawfully be excluded.

11. Customer responsibilities

The customer must:

  • take reasonable care of the Covered Product;
  • use appropriate power supplies and accessories;
  • follow reasonable safety and operating instructions;
  • take reasonable steps to prevent further damage after discovering a fault;
  • pack the product according to approved return instructions; and
  • provide accurate information relevant to the claim.

A failure to meet these responsibilities only affects a claim to the extent that the failure caused or materially contributed to the breakdown, additional damage or inability to assess the claim.

12. Transfer of the Plan

12.1 The Warranty is in no way transferrable to a new owner, and covers original purchaser only.

13. Cancellation by Retro Gamers Vault

13.1 Retro Gamers Vault may cancel the Warranty only where:

  • the Warranty price has not been paid;
  • the customer obtained the Warranty or a benefit through fraud or material misrepresentation; or
  • the customer commits a material breach that can be remedied and does not remedy it within 14 days after receiving written notice.

13.2 Except in a case of fraud, cancellation by Retro Gamers Vault will result in a pro-rata refund for the unused Warranty Period.

13.3 Cancellation does not affect an approved claim arising before cancellation or any rights under applicable law.

14. Complaints

14.1 Complaints may be sent to:

Complaints Officer – Retro Gamers Vault
Email: sales@retrogamersvault.com.au
Address: UNIT 6, 16-30 Argyle Street Camden NSW 2570
Telephone: 0427 983 752

14.2 Retro Gamers Vault will acknowledge a complaint within [2] business days and aim to provide a written response within [10] business days.

14.3 If a complaint cannot be resolved directly, the customer may contact NSW Fair Trading or another applicable consumer protection body.

14.4 Nothing in this section prevents the customer from exercising legal rights or commencing proceedings in a court or tribunal with jurisdiction.

15. Privacy

15.1 Retro Gamers Vault may collect and use personal information to administer the Plan, verify eligibility, arrange transport, perform repairs and resolve claims.

15.2 Personal information will be handled in accordance with applicable privacy law and the Retro Gamers Vault Privacy Policy available at https://retrogamersvault.com.au/pages/privacy-policy

15.3 Information may be disclosed to repairers, transport providers and professional advisers where reasonably necessary to administer the Warranty.

16. Liability and Australian Consumer Law

16.1 Nothing in these Terms excludes, restricts or modifies:

  • the consumer guarantees;
  • liability for a major failure;
  • rights to compensation for reasonably foreseeable loss or damage; or
  • any other right or liability that cannot lawfully be excluded.

16.2 Any limitation or exclusion in these Terms applies only to the maximum extent permitted by law.

16.3 The Warranty Limit applies only to contractual benefits supplied under this Warranty and does not cap a remedy independently available under law.

17. Changes to these Terms

17.1 The version accepted when the Warranty was purchased governs that Warranty.

17.2 Retro Gamers Vault may correct an obvious error or make an administrative change, but it will not materially reduce an existing customer’s coverage without that customer’s express agreement.

17.3 Updated terms may apply to Warranty purchased after the stated effective date.

18. General provisions

18.1 If a provision is unlawful or unenforceable, it will be read down to the extent necessary. If it cannot be read down, it will be severed without affecting the remaining provisions.

18.2 Notices may be delivered personally, by post or by email to the most recent contact details provided by the receiving party.

18.3 These Terms are governed by the laws of New South Wales and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of courts and tribunals with jurisdiction in Australia.