TERMS OF SALE

TERMS OF SALE

Wicked Labs AU

Last updated: 3/3/2026

These Terms of Sale govern all purchases of products and services (“Products”) made through wickedlabsau.com.au (“Website”) operated by Wicked Labs AU (“we”, “us”, “our”).

By placing an order, you agree to these Terms of Sale, our Terms & Conditions, and our Privacy Policy.


1. SCOPE OF THESE TERMS

These Terms of Sale apply to:

  • All new or refurbished gaming controllers and accessories

  • All custom-modified products (including custom PS5 controllers and custom Xbox controllers)

  • Any related services sold through our Website, including repair or modification services where offered

All information displayed on the Website is an invitation to treat and does not constitute a binding offer.
A contract is formed only when we accept your order (including confirming availability and processing payment) and we issue an order confirmation or dispatch confirmation.

If we do not accept your order and payment has already been taken, a full refund will be issued using the original payment method, subject to any timing requirements of your payment provider.


2. PURCHASE OF PRODUCTS

A. CUSTOMER RESPONSIBILITIES

When placing an order, you agree that:

  • You are making a legitimate purchase for lawful purposes

  • You will not place fraudulent, speculative, or false orders, and you will not attempt chargeback abuse or misuse of payment systems

  • All contact and delivery details provided are accurate and complete (including unit number, street address, postcode, phone number, and email)

  • You are 18 years or older and legally capable of entering a contract

  • You are responsible for any applicable taxes, duties, customs fees, or bank fees that may apply to your purchase

If required information is missing, inaccurate, or cannot be verified, we may be unable to process your order, may contact you for clarification, or may cancel the order.

You will receive an order confirmation by email. If not received within 48 hours, please check your spam/junk folder and ensure your email address was entered correctly.


B. PRODUCT DESCRIPTIONS

We take reasonable care to ensure product descriptions, images, and specifications are accurate and helpful for customers searching for premium controllers, pro controllers, and custom gaming controllers.

However:

  • Minor variations may occur, especially with custom-built products and customised finishes

  • Images are for illustrative purposes only and colour appearance can vary between screens

  • We do not guarantee descriptions are free from typographical errors, and specifications may be updated

If a product is not as described, your remedies are governed by Australian Consumer Law.


C. PRODUCT AVAILABILITY

All products are subject to availability, including limited edition shells, faceplates, sticks, modules, and specific controller colours.

We reserve the right to:

  • Withdraw products at any time

  • Refuse or cancel orders (including after confirmation) in exceptional circumstances such as stock errors, pricing errors, or verification concerns

  • Offer substitute products or components of equal or greater value if stock is unavailable or parts are discontinued

If you do not accept a substitute, any payment made will be refunded.


D. ORDER CANCELLATION

We may cancel an order if:

  • Payment is incomplete, fails, is reversed, or is flagged as high risk

  • The product or key components are unavailable

  • The order is suspected to be fraudulent or unlawful

  • We cannot reasonably fulfil the order due to circumstances beyond our control

If cancelled, any payment received will be refunded, subject to the processing timelines of your bank or payment provider.


3. PRICING & PAYMENT

A. PRICES

  • All prices are listed in AUD

  • Prices may change at any time without notice, but changes will not affect orders already accepted

  • Shipping costs are shown at checkout (unless stated otherwise, including free shipping offers)

If a pricing error occurs, we may:

  • Contact you to confirm the corrected price, or

  • Cancel the order and issue a full refund

We are not required to honour obvious pricing errors.


B. TAXES & FEES

Prices may exclude:

  • Shipping fees

  • Customs duties, import taxes, and clearance fees (if applicable)

  • Transaction, cross-border, or currency conversion fees imposed by your bank or payment provider

You are responsible for any additional charges not collected at checkout, including duties and taxes imposed by authorities for international shipments.


C. PAYMENT METHODS

Payment must be made in full before order acceptance and before any build or modification work begins.

We accept approved electronic payment methods (e.g. credit/debit cards, PayPal, Afterpay, Shop Pay, and other Shopify-supported providers, where available).

By submitting payment details, you authorise us to charge the selected payment method for:

  • Product price

  • Shipping

  • Applicable taxes or fees

We may perform verification checks to reduce fraud risk. If verification is not successful, we may cancel the order and refund payment.


4. CUSTOM PRODUCTS, BUILD TIMES & ORDER CHANGES

Most Wicked Labs AU products are custom-built to order, including customised controller shells, buttons, sticks, triggers, paddles, remap features, cosmetic finishes, and internal performance modifications.

Because custom controllers are built based on your selections:

  • Build and dispatch estimates are provided as guidance only and are not guaranteed delivery dates.

  • Production may be impacted by supplier delays, part availability, quality control requirements, and peak order volumes.

  • We may source components locally or internationally. When components are delayed (including parts from overseas suppliers), build times may extend.

  • Once production has commenced (including ordering parts, printing labels, allocation of components, or assembly), orders may not be modified or cancelled except at our discretion.

If you require an urgent delivery for an event, tournament, or gift date, you must contact us before placing the order to confirm feasibility.

Nothing in this section limits your rights under Australian Consumer Law for faulty or defective products.


5. RETURNS, REFUNDS & CHANGE OF MIND

Under the Australian Consumer Law, we are not required to provide a refund for change of mind, including where you decide you no longer want a product, ordered the wrong model, or found a better price elsewhere.

Where permitted by law and at our discretion, we may offer a change-of-mind return for certain non-custom products. Any discretionary change-of-mind return must meet all of the following conditions:

  • The return request is made within the timeframe specified on our returns page (if any) or within 30 days of delivery (whichever is shorter).

  • The item is unused, unmodified, not damaged, and is returned in original packaging with all inserts, accessories, and protective materials.

  • You provide proof of purchase.

  • You follow our return instructions and packaging requirements to prevent transit damage.

For Custom Products, including custom PS5 controllers and custom Xbox controllers built to your specifications, change-of-mind returns are generally not accepted. If we accept a discretionary return for a Custom Product, we may charge a reasonable restocking fee (including up to 15%) to cover configuration, labour, testing, and reprocessing costs, to the extent permitted by law.

Return shipping costs for discretionary change-of-mind returns are your responsibility, unless Australian Consumer Law requires otherwise.


6. AUSTRALIAN CONSUMER LAW (ACL) GUARANTEES

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Competition and Consumer Act 2010 (Cth) or the Australian Consumer Law (ACL).

Our goods come with guarantees that cannot be excluded under the ACL. These include guarantees that goods will be:

  • Of acceptable quality

  • Fit for any disclosed purpose

  • As described

  • Supplied with due care and skill where services are provided

If your product has a fault, your remedy depends on whether the fault is a major failure or a minor failure under the ACL.

If there is a major failure, you may be entitled to choose a refund or replacement, and you may also be entitled to compensation for any other reasonably foreseeable loss or damage.

If there is a minor failure, we may choose to repair the product, replace it, or provide another remedy as permitted by the ACL.

We may request reasonable evidence of the fault (including photos, videos, or return of the item for inspection) before providing an ACL remedy.


7. WARRANTY (WORKMANSHIP & MODIFICATIONS)

Wicked Labs AU may provide a limited warranty covering faults related to our workmanship or modifications (for example, installation faults or defects introduced by our build process), subject to any warranty terms published on our Website.

This warranty is in addition to, and does not replace or limit, your rights under the Australian Consumer Law.

Warranty coverage typically does not include:

  • Normal wear and tear, including natural degradation of sticks, grips, and finishes over time

  • Cosmetic wear, scratches, scuffs, or discoloration caused by use

  • Accidental damage, impact damage, liquid damage, or exposure to extreme heat or humidity

  • Damage caused by unauthorised repairs, unauthorised modifications, or opening the controller casing

  • Damage caused by misuse, neglect, improper storage, or use inconsistent with instructions

  • Issues caused by third-party accessories, adapters, chargers, docks, or cables not recommended or not compatible

Where a warranty claim is approved, we may repair the item, replace parts, replace the product, or provide another remedy consistent with the warranty terms and the ACL.


8. SOFTWARE & FIRMWARE

Any software included with a product (including pre-loaded software or firmware features) is provided subject to its applicable end-user licence agreement.
Use of such software is governed by those terms.

We do not guarantee that future console or game updates will maintain compatibility with all features, particularly where platform owners change firmware, security protocols, input handling, or controller authentication systems.


9. SHIPPING, DELIVERY & ADDRESS ACCURACY

Shipping options, estimated delivery windows, and shipping charges are displayed at checkout. Delivery times are estimates only and may vary due to carrier conditions, peak periods, weather events, or customs processing for international orders.

You are responsible for ensuring your delivery address is correct at the time of purchase. If an address is incorrect, incomplete, or not deliverable, the parcel may be delayed, returned to sender, or destroyed by the carrier in accordance with their policies.

If a parcel is returned to us due to address error or failed delivery attempts, we may charge a reshipping fee before re-dispatching.

If tracking shows an order has been delivered to the address provided, we are not liable for theft, loss, or misdelivery due to address input errors, subject to Australian Consumer Law.


10. TITLE & RISK OF LOSS

Unless required otherwise by law:

  • Title and risk pass to you upon dispatch to the carrier

  • Any delivery issues (such as damaged packaging or missing items) should be reported within 5 business days of delivery so we can investigate promptly with the carrier

This section does not limit any non-excludable rights you may have under Australian Consumer Law.


11. COMPATIBILITY & PERFORMANCE DISCLAIMERS

Our controllers are designed to work with supported platforms and configurations as described on the product pages. Compatibility may be affected by factors outside our control, including console firmware changes, game updates, third-party accessories, or user settings.

Gaming performance is subjective and depends on multiple factors including player skill, game mechanics, matchmaking systems, network conditions, display settings, and platform updates. We do not guarantee improved performance, rank, tournament outcomes, or competitive advantage.

If you require a specific feature or use case (for example, a specific tournament rule set, accessibility need, or compatibility with a particular accessory), you must confirm suitability before purchase.


12. FRAUD PREVENTION & CHARGEBACKS

To protect our customers and business, we employ fraud detection and order verification checks. We may request additional information to confirm identity, address, or payment authorisation.

We reserve the right to cancel any order that we reasonably suspect is fraudulent, unlawful, or placed in breach of these Terms.

If you believe there is a billing issue, delivery issue, or product issue, you agree to contact us first so we can attempt to resolve the matter promptly. Initiating a chargeback without contacting us may delay resolution and may be treated as a dispute escalation.

Where a chargeback is initiated, we may provide transaction evidence to the bank or payment provider, including order details, verification records, tracking, delivery confirmation, and correspondence.

If a chargeback is determined to be invalid or abusive, we reserve the right to restrict future purchases and recover reasonable costs associated with the dispute process to the extent permitted by law.


13. LIMITATION OF LIABILITY (EXTENDED)

To the maximum extent permitted by law:

  • We are not liable for indirect, incidental, special, or consequential losses, including loss of profit, loss of data, loss of opportunity, or loss of anticipated savings

  • We are not liable for losses arising from third-party actions, including carrier delays, customs delays, platform firmware changes, game updates, or third-party accessories

  • Our total aggregate liability for any claim arising out of or in connection with a Product is limited to the amount paid by you for the affected Product

These limits do not apply where liability cannot be excluded under Australian Consumer Law, including consumer guarantee remedies that are non-excludable.


14. INTELLECTUAL PROPERTY

All branding, logos, product names, designs, controller layouts, website text, images, and graphics are owned by Wicked Labs AU or licensed to us. You must not copy, reproduce, distribute, sell, or exploit any content without our prior written permission.

Nothing in these Terms grants you a licence or right to use our intellectual property, except as necessary to view the Website and place an order for personal use.


15. EXPORT, IMPORT & COMPLIANCE

You are responsible for complying with any applicable laws relating to import, export, customs clearance, and use of the Products in your jurisdiction. This includes ensuring that Products may be legally imported and used where you live.

We are not responsible for Products being seized, delayed, or refused entry by customs or border agencies.


16. PERSONAL INFORMATION

We collect and use personal information in accordance with our Privacy Policy.

By placing an order, you consent to our collection, use, and disclosure of personal information as described in our Privacy Policy, including for order fulfilment, customer support, fraud prevention, and warranty administration.


17. FORCE MAJEURE

We are not liable for delays or failure to perform caused by events beyond our reasonable control, including:

  • Natural disasters

  • Courier disruptions or carrier capacity constraints

  • Government actions, regulatory changes, or border closures

  • Supply chain interruptions, component shortages, or manufacturing disruptions

  • Power or internet outages affecting fulfilment systems

In such cases, we may suspend fulfilment, extend timeframes, substitute equivalent components where appropriate, or cancel the order and refund any payment made.


18. DISPUTE RESOLUTION

If you have an issue with your order, you agree to contact us first and provide reasonable details so we can attempt to resolve the matter in good faith. This includes providing order number, relevant photos or videos, and a clear description of the issue.

Where a dispute cannot be resolved informally, either party may pursue available legal remedies in accordance with the Governing Law clause below.


19. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision will be severed and the remaining provisions will continue in full force and effect.


20. NO WAIVER

Our failure to enforce any right or provision under these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing to be effective.


21. CHANGES TO THESE TERMS

We may update these Terms from time to time. The updated Terms will apply to orders placed after they are published on the Website.

If you continue to use the Website after changes are published, you are deemed to have accepted the updated Terms for future purchases.


22. GOVERNING LAW

These Terms of Sale are governed by the laws of New South Wales, Australia.

You submit to the exclusive jurisdiction of the courts of New South Wales, Australia. If you are an Australian consumer, nothing in these Terms limits your statutory rights.


23. ENTIRE AGREEMENT

These Terms of Sale, together with our Terms & Conditions and Privacy Policy, constitute the entire agreement between you and Wicked Labs AU regarding purchases and supersede all prior agreements, understandings, or representations (whether oral or written) relating to the subject matter.


24. CONTACT

For questions regarding orders or these Terms:

📧 support@wickedlabsau.com.au