terms and conditions

Welcome to No Cap Gaming!

These terms and conditions outline the rules and regulations for the use of No Cap Gaming’s Website, located at https://www.nocapgamingza.com/termsandconditions.

By accessing this website we assume you accept these terms and conditions. Do not continue to use No Cap Gaming if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing No Cap Gaming, you agreed to use cookies in agreement with the No Cap Gaming’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, No Cap Gaming and/or its licensors own the intellectual property rights for all material on No Cap Gaming. All intellectual property rights are reserved. You may access this from No Cap Gaming for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from No Cap Gaming

• Sell, rent or sub-license material from No Cap Gaming

• Reproduce, duplicate or copy material from No Cap Gaming

• Redistribute content from No Cap Gaming

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. No Cap Gaming does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of No Cap Gaming, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, No Cap Gaming shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

No Cap Gaming reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant No Cap Gaming a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;

• Search engines;

• News organizations;

• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;

• dot.com community sites;

• associations or other groups representing charities;

• online directory distributors;

• internet portals;

• accounting, law and consulting firms; and

• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of No Cap Gaming; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an email to No Cap Gaming. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or

• By use of the uniform resource locator being linked to; or

• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of No Cap Gaming’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Web Pages that alter in any way the visual presentation or appearance of our Website.

Refund and Returns

A 20% restocking fee for returning the items of your order will be deducted from your refund once processed. Your controllers must be returned within 14 days of shipping arrival with an approved RMA number. Controller must show little to no signs of heavy wear or physical abuse. No Cap Gaming will inspect all returns for any damage. A refund amount may be withheld depending on return conditions.

Customized controllers and other non-resalable modifications/repairs will not be refunded. Shipping costs will not be refunded. Refunds will not be given for any part that is physically damaged or that was installed into a customer’s controller.

Order Cancellation

All orders placed and payments not received within 3 days will be canceled.

Warranty:

Controller and Console Repairs

All controller modifications are covered with our 90 days warranty. 

Warranty excludes lightning/power surges, user negligence, physical damage and insect infestation. Any evidence of tampering including an attempt by you or a third party to open the unit will void any warranty.

Warranty covers:

If your No Cap Gaming controller breaks or becomes faulty within 90 days since receipt, we will repair it. If your No Cap Gaming controller controller has any hardware defects we will repair your controller. This includes all hardware modifications performed by No Cap Gaming.

ALL NO CAP GAMING CONTROLLERS (SEND IN)

If your No Cap Gaming controller breaks or becomes faulty within 90 days since receipt, we will repair it. If your No Cap Gaming controller has any build defects we will repair your controller. This includes all customization or hardware modifications performed by No Cap Gaming.

Our warranty covers any defect or malfunction resulting from the build process and failure under normal usage.

All warranties are Return to Base (RTB) warranties. This means that courier costs associated with returns are to be met by the customer. If the warranty claim is valid No Cap Gaming will cover the return cost.

No Cap Gaming take no responsibility on any controller hardware faults such as analog drifting etc. on send in options. No Cap Gaming does a basic assessment before any send in build or customization but will not be held liable for any problems that may occur during or after the build or customization.

Warranty VOIDS/EXCLUSION?

This Warranty will be voided and will not be applicable if a defect has occurred due to:

• Issues caused by external heat, moisture, and/or physical damage.

• Charging the controller with a power cord that exceeds the rated tolerance for the controller.

• Any evidence of any tampering including, an attempt by you or a third party to open, dismantle, customize, or modify the No Cap Gaming controllers.

• Damage to, or unreasonable use of the controller.

• Commercial use of the controller.

• Controllers that have experienced excessive force.

Coupon Codes 

Coupon code can not be used with other coupon codes. Coupon codes can not be used on already discounted items or services.

Gift Cards

Gift cards are purchased for modifications with Xbox Series S|X, PlayStation 4 & PlayStation 5 controllers by No Cap Gaming ZA.

Code may be transferred to a different console/order form if necessary before the code is redeemed. 

Terms of Gift Cards Purchased

• Not transferrable to other people.

• Valid for 6 months from date of purchase. 

• Only 1 gift card redeemable at a time.

• No combining with other codes, discounts or promotions.

• Not redeemable for cash.

Shipping

No Cap Gaming can not be held liable for any damages caused while your order is in transit. Once your order has been shipped, it is the client's responsibility to follow up via the courier chosen on the status of their parcel. No Cap Gaming will always try and assist but once order leaves our premises we are not in any means obligated to assist.

Content Liability

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;

• limit or exclude our or your liability for fraud or fraudulent misrepresentation;

• limit any of our or your liabilities in any way that is not permitted under applicable law; or

• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.