Terms of service

Terms of Service

These Terms govern your use of this website and your purchase of any product from it. By browsing this site or placing an order you agree to them in full. If you do not agree, do not use this site.

1. Who we are, and who we are not

This store is operated by Loewing LLC, trading as Gaming Merch ("we", "us", "our").

We are an independent seller of aftermarket accessories. We are not affiliated with, endorsed by, sponsored by, licensed by or connected to Sony Interactive Entertainment Inc., Take-Two Interactive Software Inc., Rockstar Games Inc., or any game publisher, console manufacturer or platform holder.

"Gaming Merch", "Gaming Merch" and all related names, logos and characters are trademarks of Take-Two Interactive Software, Inc. and Rockstar Games, Inc. We are not them. Nothing sold here is official or licensed merchandise, and nothing here is approved by them. Our store name describes the audience we make accessories for, not a relationship with the rights holder.

PlayStation, PS5 and DualSense are trademarks of Sony Interactive Entertainment Inc. Any such name is used solely to describe compatibility with hardware you already own.

All artwork sold on this site is original work created by or for us. It contains no characters, logos, wordmarks, trade dress or other protected elements belonging to any game publisher.

2. Eligibility

You must be at least 18 years old, or the age of majority where you live, to place an order. By ordering you confirm that you are, and that you have the legal capacity to enter these Terms.

3. The product requires installation. You accept that risk.

This is the most important section of these Terms. Read it.

Our products are replacement parts, not covers or accessories that fit over existing hardware. Installing one requires you to disassemble your controller: removing screws and the rear housing, disconnecting and removing the battery, releasing ribbon cables, and transferring the circuit board, buttons and touchpad into the new shell.

By ordering, you acknowledge and accept that:

Installation is performed entirely by you, at your own risk, using your own tools
Disassembly can permanently damage or destroy your controller, including by tearing ribbon cables, damaging connectors, cracking plastic or damaging the battery
Battery handling carries a risk of fire, injury and property damage if the battery is punctured, crushed or short circuited
Installation voids the manufacturer warranty on your controller. We cannot reinstate it
You possess, or will obtain, the skill required to complete the installation, and you have read the installation steps on the product page before ordering
We provide no installation service, no installation support beyond published instructions, and no assistance with reassembly

We accept no liability of any kind for damage to your controller, your console, any other property, or to any person, arising from installation, attempted installation, removal or use of our products. That risk is yours alone and is reflected in the price.

If you are not willing to accept that risk, do not order. We would rather lose the sale than take the complaint.

4. Products, descriptions and pricing

We make reasonable efforts to describe products accurately, but we do not warrant that descriptions, images, colours, dimensions or any other content are complete, current or error free. Product images are representations. See our Refund Policy regarding colour and finish variation.

Prices are in United States dollars and may change at any time without notice. We reserve the right to correct pricing or description errors and to cancel any order placed against an error, including after an order confirmation has been sent. Your sole remedy in that case is a refund of amounts paid.

All sales are subject to our Refund Policy, which forms part of these Terms.

5. Orders and acceptance

Your order is an offer to buy. An order confirmation email acknowledges receipt, it does not constitute acceptance. The contract forms only when we dispatch the goods.

We reserve the right to refuse, limit or cancel any order for any lawful reason, including suspected fraud, resale, abusive conduct, prior chargebacks, or quantities we consider abnormal. Where we cancel, your sole remedy is a refund.

6. Disclaimer of warranties

To the fullest extent permitted by law, all products are supplied "AS IS" and "AS AVAILABLE", with no warranty of any kind, whether express, implied or statutory.

We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title and non infringement, and any warranty that products will be compatible with any particular hardware revision, be free of defects, or meet your expectations.

Some jurisdictions do not allow the exclusion of certain implied warranties. Where that applies, the exclusions above apply to the maximum extent permitted and any implied warranty is limited to the minimum duration the law allows.

7. Limitation of liability

To the fullest extent permitted by law, our total aggregate liability to you for any claim arising out of or relating to a product, these Terms, this website, or your use of either, is limited to the amount you actually paid for the product giving rise to the claim.

We are not liable for any indirect, incidental, special, consequential, exemplary or punitive damages, nor for loss of profit, loss of data, loss of use, damage to hardware, cost of substitute goods, or business interruption, under any theory of liability, whether or not we were advised such damages were possible.

This limitation applies regardless of whether the claim is brought in contract, tort, negligence, strict liability, statute or otherwise, and survives any failure of essential purpose of any limited remedy.

8. Indemnification

You agree to indemnify, defend and hold harmless Loewing LLC, its owners, officers, employees, suppliers and agents from any claim, demand, loss, liability, damage, cost or expense, including reasonable legal fees, arising out of your breach of these Terms, your misuse of a product, your installation of a product, or your violation of any law or the rights of any third party.

9. Intellectual property

All artwork, designs, photography, text, layout and code on this site are owned by us or licensed to us and are protected by copyright and other laws. You may not reproduce, distribute, resell, modify or create derivative works from our designs, or use them for any commercial purpose, without our prior written permission. Purchase of a product conveys ownership of that physical item only, and no rights in the artwork.

10. Acceptable use

You may not use this site to do anything unlawful, to attempt to gain unauthorised access to any system, to scrape or harvest data, to submit false information, or to interfere with the operation of the site or the security of other users. We may terminate your access at any time for any breach.

11. Third party links

Links to third party sites are provided for convenience. We do not control them, do not endorse them, and are not responsible for their content, products, policies or practices. Your dealings with any third party are solely between you and them.

12. Payment and chargebacks

Payment is taken in full at checkout. You confirm that you are authorised to use the payment method supplied.

You agree to contact us and allow a reasonable opportunity to resolve any issue before initiating a chargeback or payment dispute. Raising a dispute on an order that was delivered as described is a breach of these Terms. We contest such disputes with full documentation and may recover the disputed amount, associated fees and reasonable collection costs, and refuse future service.

13. Binding arbitration and class action waiver

Please read this section carefully. It affects your legal rights.

Any dispute, claim or controversy arising out of or relating to these Terms, a product, or this website, which cannot be resolved informally within 30 days of written notice, shall be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court.

You and we each waive the right to a trial by jury and the right to participate in any class, collective, consolidated or representative action. The arbitrator may not consolidate claims or preside over any form of representative proceeding. Relief may be awarded only in favour of the individual party seeking it, and only to the extent necessary to provide relief on that party's individual claim.

Either party may bring an individual claim in small claims court instead, where it qualifies. Nothing here prevents either party from seeking injunctive relief in court to protect intellectual property.

14. Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Subject to section 13, the courts located in Kent County, Delaware have exclusive jurisdiction.

15. Severability and waiver

If any provision of these Terms is found unenforceable, it is severed or limited to the minimum extent necessary and the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver of it.

16. Entire agreement and changes

These Terms, together with our Refund Policy, Shipping Policy and Privacy Policy, form the entire agreement between you and us and supersede any prior understanding.

We may change these Terms at any time by posting an updated version on this page. The version in force at the time of your order governs that order. It is your responsibility to review this page before ordering.