Terms of Sale – Preorders

By placing an order through PlayLoad Wholesale Gaming, you (the "Member" or "Customer") agree to the following Terms of Sale. These terms govern your use of the PlayLoad Wholesale Gaming website, preorder process, payment, and fulfillment of orders. Please read these terms carefully before completing a preorder.

General Agreement

By submitting a preorder, you agree to purchase the products in the quantities and from the distributors that you select, at the prices provided, and to the terms specified in this agreement. These Terms of Sale apply to all transactions between you and PlayLoad Wholesale Gaming and are binding once your preorder is submitted.

Preorder Process

Product Availability and Allocation

Preorder quantities are subject to availability from our network of distributors. We make every effort to fulfill your order based on your selected quantities and distributors. However, product allocation may be limited, and PlayLoad Wholesale Gaming cannot guarantee that all quantities requested will be fulfilled. Should any changes to your order occur due to distributor allocation limits, PlayLoad Wholesale Gaming will inform you of the updated quantities and payment amounts. You will be notified of any changes before the final payment is processed.

Payment Authorization

When you place a preorder, your payment will be authorized but not captured. This authorization ensures that funds are available for transaction processing once allocation is confirmed. Payment will only be due once allocations have been received from the distributors and adjustments have been made to your order. No funds will be withdrawn from your account until final order adjustments are made, and you provide explicit permission to proceed with payment.

Commitment to Preorder Quantities and Cancellations

By submitting a preorder, you agree to purchase the products and quantities submitted, subject to distributor allocations. Once distributor allocations are finalized, you will be notified of your adjusted order total via invoice and given 48 hoursto either confirm or decline the allocation:

• If you confirm by paying the invoice within 48 hours: your payment will be processed and the order fulfilled.
• If you do not confirm or decline within 48 hours: you expressly agree that this will constitute automatic acceptance, and PlayLoad Wholesale Gaming is authorized to capture payment using the method on file.
• If you decline within the 48-hour window: a cancellation fee equal to 50% of the adjusted order total will apply as liquidated damages, and your membership may be reviewed or revoked.

This cancellation fee is not a penalty. It is a reasonable pre-estimate of the damages that PlayLoad Wholesale Gaming incurs when preorders are declined after allocations are finalized, including:

• Binding purchase obligations to distributors,
• Loss of allocation priority and future availability from distributors,
• Administrative and processing costs, and
• Disruption to inventory planning and fulfillment.

The cancellation fee is non-refundable and will be charged to your payment method on file.

Payment Terms

Authorization and Payment Capture: When you place a preorder, your payment is only authorized (not captured) for the amount specified at that time. Upon confirmation of final allocations and adjustments to quantities, we will notify you of the new total payment due. We will then seek your permission to capture the payment for processing unless automatic acceptance occurs per the above policy.

Preorder Cancellation and Refunds: If your preorder is canceled for any reason (whether by you or by PlayLoad Wholesale Gaming), we will refund any amounts captured, minus any applicable cancellation fees or transaction costs. If your preorder is adjusted due to allocation limitations and you decline the new quantities, the liquidated damages fee will apply.

Payment Methods: Payments will be processed via the payment method provided by you at the time of preorder. If payment is declined or cannot be processed, your preorder may be canceled, and any applicable fees will be charged.

Membership Requirements

Active Membership for Preorders: In order to place a preorder and receive preorder pricing, you must maintain an active membership with PlayLoad Wholesale Gaming. Memberships must remain in good standing from the time of preorder placement through the product’s official release date. If your membership is canceled or lapses during this period, your preorder will be canceled, and a refund will be issued, minus any applicable fees.

Revocation of Membership: PlayLoad Wholesale Gaming reserves the right to revoke a member’s membership at any time for failure to comply with these Terms of Sale, including denial or non-acceptance of adjusted preorder quantities. In the event of membership revocation, the member will be subject to the liquidated damages fee for any unfulfilled preorders.

Shipping and Fulfillment

Shipping and Delivery: Once your payment has been processed and your products have been fulfilled, PlayLoad Wholesale Gaming will ship the products to the address provided by you, or make them available for pick-up, depending on your preferences. You will be responsible for any applicable shipping fees, taxes, or customs duties.

Fulfillment of Preorders: In cases where PlayLoad Wholesale Gaming cannot fully fulfill a preorder due to distributor allocation limits, we will notify you of the adjusted quantities and request approval for payment of the revised order. If any portion of your preorder is canceled or unfulfilled, you will only be charged for the portion of the order that can be shipped.

Risk of Loss and Title

The title to products purchased passes to you upon shipment. The risk of loss for the products will pass to you once they are delivered to the carrier. Any claims for lost or damaged goods during shipment must be made directly to the carrier.

Limitation of Liability

Limitation of Responsibility: PlayLoad Wholesale Gaming's liability to you for any claim arising from or related to these Terms of Sale, whether in contract, tort, or otherwise, is limited to the amount you paid for the specific product in question. Under no circumstances will PlayLoad Wholesale Gaming be liable for any indirect, special, incidental, or consequential damages, including lost profits or business interruption, arising out of or in connection with the sale of products.

Force Majeure: PlayLoad Wholesale Gaming will not be held liable for failure to perform any of its obligations under this agreement if such failure is caused by events or circumstances beyond its reasonable control, including but not limited to natural disasters, war, civil unrest, or supplier issues. In such cases, we will notify you of any delays, provide an updated estimated shipping date, and give you the option to either wait for your order or cancel it based on the new timeline.

Governing Law

These Terms of Sale shall be governed by and construed in accordance with the laws of the state of Arizona, without regard to its conflicts of laws principles. Any dispute arising out of or relating to these Terms of Sale shall be subject to the exclusive jurisdiction of the courts in Maricopa County, Arizona.

Changes to Terms of Sale

PlayLoad Wholesale Gaming reserves the right to update, modify, or change these Terms of Sale at any time. Any changes will be posted on the PlayLoad Wholesale Gaming website, and the updated terms will apply to all preorders placed after the posting date.

Contact Information

For questions or concerns regarding these Terms of Sale, please contact PlayLoad Wholesale Gaming at: Email: info@playloadwholesale.com

Intellectual Property

Ownership of Content: All content on the PlayLoad Wholesale Gaming website, including but not limited to product listings, images, logos, trademarks, and text, is the intellectual property of PlayLoad Wholesale Gaming or its licensors. You agree not to use, reproduce, or distribute any content from the website without express permission.

Privacy and Data Collection

Privacy Policy: PlayLoad Wholesale Gaming collects and processes personal information in accordance with our Privacy Policy, which governs the use of your personal data. By submitting your preorder, you consent to the collection, use, and sharing of your data as described in our Privacy Policy.

Data Security: We employ reasonable measures to protect your personal and payment information from unauthorized access, loss, or misuse. However, no method of data transmission over the internet is 100% secure, and we cannot guarantee the absolute security of your data.

Dispute Resolution and Arbitration

Arbitration Agreement: Any disputes or claims arising from or related to these Terms of Sale, including any claims regarding the validity, enforceability, or interpretation of these terms, will be resolved through binding arbitration. The arbitration will be conducted under the rules of the American Arbitration Association (AAA) in Maricopa County, Arizona. You waive any right to a jury trial or to participate in a class action lawsuit.

Mediation Option: Before initiating arbitration, you and PlayLoad Wholesale Gaming agree to attempt in good faith to resolve any disputes through informal mediation, which may be facilitated by a mutually agreed-upon mediator.

No Waiver of Rights

No waiver of any breach of any provision of these Terms of Sale shall be deemed a waiver of any subsequent breach. Any failure or delay by PlayLoad Wholesale Gaming in enforcing any right under these terms shall not operate as a waiver of such right.

Severability

If any provision of these Terms of Sale is found to be invalid or unenforceable by a court of competent jurisdiction, such provision will be modified to the extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.