Legal notice

Legal Notice & Compliance Policy

Last Updated: May 27, 2026

This Legal Notice & Compliance Policy provides important legal information about Power Up Gaming, our website, products, services, policies, customer responsibilities, intellectual property, third-party content, compatibility information, trade-ins, shipping, disc refinishing, and related business practices.

This page should be read together with our Terms of Service, Privacy Policy, Refund, Return & Warranty Policy, Shipping & Local Pickup Policy, and other posted store policies.

Business Information

This website is operated by Kevin Wells operating as Power Up Gaming.

Power Up Gaming
Kevin Wells operating as Power Up Gaming
490 Mapleview Drive West, Unit 5
Barrie, Ontario
L4N 6C3
Canada

Email: info@powerupgaming.ca
Phone: 705-503-4263

Applicable Law

Power Up Gaming operates from Ontario, Canada.

This website, our policies, our products, our services, and customer transactions are governed by the laws of the Province of Ontario and the federal laws of Canada that apply in Ontario, unless otherwise required by law.

Nothing in this Legal Notice is intended to limit any consumer rights, privacy rights, or legal rights that cannot be limited under applicable law.

Relationship to Other Store Policies

This Legal Notice should be read together with the following pages:

If there is a conflict between this Legal Notice and a more specific posted policy, Power Up Gaming may apply the policy that best fits the situation, unless otherwise required by law.

General Information Only

Information on the Power Up Gaming website is provided for general customer service, product, shopping, compatibility, policy, and informational purposes.

While we make reasonable efforts to keep information accurate and current, website content may contain errors, omissions, outdated information, formatting issues, technical issues, or product information that changes over time.

Power Up Gaming reserves the right to correct, update, remove, or change website content, product information, pricing, availability, policies, promotions, or service details at any time.

Product Information and Availability

Power Up Gaming makes reasonable efforts to describe products accurately. However, product titles, descriptions, photos, variants, compatibility notes, condition notes, prices, availability, and other information may contain errors or omissions.

Product availability is not guaranteed until an order is accepted and fulfilled.

Power Up Gaming may correct product information, refuse orders, cancel orders, limit quantities, change prices, or update listings at any time where appropriate.

Used, Refurbished, Vintage, and Collectible Products

Many products sold by Power Up Gaming are used, refurbished, vintage, discontinued, collectible, previously handled, or no longer produced.

These items may show normal signs of age, use, storage, handling, or previous ownership. This may include scratches, scuffs, label wear, cartridge wear, disc case wear, box wear, manual wear, sticker residue, fading, discolouration, cosmetic imperfections, dust, minor odours, worn packaging, missing inserts, or other condition differences.

Minor cosmetic wear that does not affect normal function is not considered a defect unless the listing specifically says otherwise.

Customers should review product descriptions and photos carefully before purchasing. If a specific condition detail matters to you, please contact Power Up Gaming before placing an order.

Product Photos and Stock Images

Product photos may be actual photos, stock photos, representative photos, manufacturer images, or a mix of image types unless otherwise stated.

For used, vintage, collectible, or one-of-a-kind items, customers should review the listing carefully to determine whether the photos show the exact item or a representative example.

If condition, artwork, edition, label variation, manual inclusion, inserts, case style, or cosmetic details matter to your purchase, please contact us before ordering.

Complete in Box and Included Items

“Complete in Box,” “CIB,” or similar wording does not always mean that every possible original insert, registration card, advertisement, poster, map, code, manual, accessory, warranty card, promotional item, or piece of packaging is included.

Customers should review product photos and descriptions carefully before purchasing.

If an item, insert, code, manual, accessory, or component is not shown in the photos or specifically listed in the description, it should not be assumed to be included.

Download codes, DLC codes, online passes, digital bonuses, registration codes, and similar single-use items are not guaranteed to be valid unless specifically stated.

Disc-Based Games

Disc-based games sold by Power Up Gaming are cleaned, inspected, backed by warranty, and tested when needed or for higher-value items.

GameCube games are tested for the most part.

Not every lower-value disc-based game is individually tested unless needed. Power Up Gaming does not make a blanket claim that every disc-based game is tested before sale.

Blu-ray format discs, including many PlayStation 3, PlayStation 4, PlayStation 5, Xbox One, Xbox Series X, and Wii U games, are held to high quality standards because marks or damage on those formats can be more problematic.

Cartridge Games, Save Batteries, and Save Data

Many older cartridge-based games use internal save batteries.

Where applicable, Power Up Gaming replaces batteries before games are placed on the sales floor.

Save preservation is not guaranteed. For Nintendo and Sega Genesis battery replacements, existing save data may be lost.

Game Boy Pokémon save preservation may sometimes be possible through advanced methods, but it is difficult and not guaranteed.

Customers should assume that save data may be lost during battery replacement or service unless otherwise confirmed in writing by Power Up Gaming.

Authenticity and Reproduction Items

Power Up Gaming takes authenticity seriously and makes reasonable efforts to identify counterfeit, reproduction, fake, altered, or unauthorized games.

Power Up Gaming has never knowingly or willingly sold a fake game as an authentic original.

Counterfeit and reproduction games are becoming increasingly difficult to identify, and mistakes are possible despite careful inspection.

If you believe a product purchased from Power Up Gaming has an authenticity issue, please contact us promptly so we can review the situation.

Reproduction cartridges, counterfeit products, fake games, unauthorized copies, and suspicious items may be refused for trade-in, buyback, return, resale, or warranty review.

Compatibility Disclaimer

Customers are responsible for confirming that products are compatible with their intended system, console, region, hardware, display, accessories, account, firmware, setup, or use before purchasing.

Compatibility can be especially important for Game Boy, Game Boy Color, Game Boy Advance, Nintendo DS, Nintendo 3DS, GameCube, Wii, Wii U, PlayStation, Xbox, clone consoles, backwards-compatible games, memory cards, controllers, cables, adapters, light guns, modern televisions, and third-party accessories.

Our Compatibility Guide is provided for general information only. It may not cover every system revision, region variation, firmware issue, hardware defect, clone system, third-party accessory, display setup, or unusual configuration.

Compatibility issues caused by unsupported hardware, clone systems, incorrect systems, missing slots, modern televisions, third-party adapters, regional differences, customer misunderstanding, or customer setup may be treated as buyer’s remorse rather than a product defect.

If compatibility is important to your purchase, contact Power Up Gaming before ordering.

Clone Systems, Third-Party Accessories, and Modern Displays

Clone systems, aftermarket consoles, third-party controllers, replacement accessories, HDMI adapters, upscalers, converters, memory cards, power supplies, and modern televisions may not behave the same way as original hardware.

Power Up Gaming is not responsible for compatibility issues caused by customer hardware, clone systems, unsupported accessories, damaged systems, third-party adapters, modern display processing, incorrect cables, or other customer setup issues.

Classic light gun accessories, such as the NES Zapper, generally require CRT televisions and may not work correctly on modern flat-screen televisions.

Age-Restricted and Mature-Rated Products

Power Up Gaming may sell products that are rated mature, intended for older audiences, or otherwise inappropriate for younger customers.

Power Up Gaming may refuse, cancel, or restrict sales of mature-rated games or age-sensitive products to customers under 18 years of age.

Power Up Gaming may request age verification where appropriate.

Parents and guardians are responsible for reviewing product ratings, content, and suitability before allowing minors to purchase or use products.

No Holds or Reservations

Power Up Gaming does not place items on hold.

Our inventory is live, and many items are one-of-a-kind. An item is not reserved until checkout is completed and the order is successfully placed.

Adding an item to your cart, contacting us about an item, asking whether an item is available, or selecting local pickup does not reserve the item until the order is successfully completed.

Pricing, Promotions, and Errors

Prices, promotions, discounts, coupons, shipping credits, product availability, and sale terms may change at any time without notice.

Power Up Gaming may correct pricing errors, product errors, shipping errors, promotional errors, checkout errors, inventory errors, or technical errors at any time.

Power Up Gaming may refuse, cancel, or modify orders affected by obvious mistakes, incorrect pricing, incorrect availability, technical issues, fraud concerns, or policy abuse.

Shipping and Delivery

Power Up Gaming currently ships within Canada.

U.S. shipping is expected to return in the future once checkout, carrier, customs, duties, and compliance requirements are properly configured.

Shipping carriers, rates, timelines, availability, and services may vary by destination, order size, weight, value, carrier service, PO Box requirements, and other shipping factors.

Delivery estimates are not guarantees.

Power Up Gaming is not responsible for carrier delays, weather delays, postal disruptions, courier delays, failed delivery attempts, incorrect customer addresses, customer failure to pick up packages from the carrier, or issues that occur after confirmed delivery to the address provided at checkout.

For full shipping details, please review our Shipping & Local Pickup Policy.

Packages Marked Delivered

If tracking shows that a package was delivered to the shipping address provided at checkout, Power Up Gaming considers the package delivered.

Power Up Gaming is not responsible for theft, loss, misplacement, building access issues, porch piracy, household member collection, neighbour collection, concierge handling, apartment mailroom issues, community mailbox issues, or other issues that occur after the carrier marks the package as delivered to the address provided.

Power Up Gaming may help with a carrier investigation where possible, but confirmed delivery may limit or eliminate available remedies.

Local Pickup

Local pickup may be available from our Barrie retail store.

Customers must wait for the ready-for-pickup email before coming to the store.

Pickup orders are generally held according to our Shipping & Local Pickup Policy.

If a pickup order is not collected within 60 calendar days after the ready-for-pickup email is sent, Power Up Gaming may consider the order abandoned, cancel or restock the order, and issue store credit for the eligible amount paid.

Returns, Refunds, and Warranty

Returns, refunds, warranty claims, defective items, buyer’s remorse returns, shipping issues, store credit, and related matters are governed by our Refund, Return & Warranty Policy.

Power Up Gaming generally provides 90-day warranty coverage on eligible consoles and 30-day warranty coverage on eligible games and accessories.

Warranty coverage does not apply to misuse, abuse, accidental damage, liquid damage, unauthorized repair, tampering, improper power supplies, compatibility errors, customer setup issues, or other exclusions listed in our Refund, Return & Warranty Policy.

Final Sale and As-Is Items

Some items are final sale unless otherwise required by law or specifically agreed in writing by Power Up Gaming.

Final sale items include sealed rare collectible items and items marked or sold “as-is.”

“As-is” items are sold in the condition stated or shown at the time of sale. They may have known or unknown issues, defects, missing parts, cosmetic damage, functional limitations, or other concerns.

Sealed rare collectible items may lose significant value once opened, damaged, altered, resealed, or handled. For that reason, sealed rare collectible items are final sale unless required by law or specifically agreed by Power Up Gaming.

Store Credit, Gift Cards, Rewards, and Promotional Credits

Power Up Gaming store credit does not expire, has no cash value, and may be used toward future purchases from Power Up Gaming.

Standard retail gift cards and store credit do not expire unless expiry is allowed by applicable law.

Promotional credits, loyalty rewards, coupons, limited-time offers, bonus credits, discounts, and special promotions may have expiry dates, restrictions, exclusions, or conditions where permitted by law.

Trade-Ins and Buybacks

Power Up Gaming may buy or accept trade-ins of eligible video games, consoles, accessories, collectibles, and related products.

Trade-in and buyback offers are subject to inspection, testing where needed, authenticity review, condition, completeness, current inventory, resale demand, market value, and other factors.

Offers are not final until the items have been reviewed and accepted by Power Up Gaming.

Customers selling or trading items to Power Up Gaming confirm that they are the legal owner of the items, that the items are not stolen, counterfeit, financed, subject to a claim by another party, or otherwise unlawfully possessed, and that they have the legal right to sell or trade those items.

Power Up Gaming may refuse any trade-in or buyback for any reason.

Power Up Gaming may collect identification and transaction information for trade-ins or buybacks.

Power Up Gaming may cooperate with police or law enforcement regarding traded or sold items, trade records, customer information, or related transactions where permitted or required by law.

For more information, please review our Trade-In / Sell Your Games page.

Disc Refinishing Service

Power Up Gaming offers professional disc refinishing for eligible disc formats.

Disc refinishing is a surface restoration service. It is not a guaranteed repair service.

Power Up Gaming does not guarantee that disc refinishing will restore a disc to working condition, remove all visible marks, correct data layer damage, fix disc rot, repair cracks, repair warping, repair label-side damage, or make an unreadable disc readable.

Customer discs are not tested before or after refinishing unless otherwise agreed in writing.

In rare cases, a disc that was readable before refinishing may not read properly after refinishing because of pre-existing damage, unstable media, hidden defects, data layer issues, manufacturing issues, disc rot, or other conditions outside Power Up Gaming’s control.

Customers use the disc refinishing service at their own risk.

For more information, please review our Professional Disc Refinishing Service page.

Fraud, Chargebacks, and Policy Abuse

Power Up Gaming takes fraud, chargeback abuse, false claims, product swapping, theft, policy abuse, and misuse of customer service policies seriously.

Customers agree to contact Power Up Gaming first and give us a reasonable opportunity to review and resolve any order, shipping, warranty, return, refund, fraud, payment, or customer service concern before filing a chargeback, payment dispute, bank dispute, credit card dispute, PayPal dispute, Afterpay dispute, or similar claim.

Filing a chargeback or payment dispute without first attempting to resolve the issue with Power Up Gaming may be treated as a failure to follow our dispute resolution process.

Power Up Gaming reserves the right to provide order records, tracking information, delivery confirmation, customer communications, fraud analysis, account information, policy references, photographs, surveillance footage where relevant and legally permitted, and other evidence to payment processors, banks, card networks, dispute platforms, fraud services, law enforcement, insurers, legal advisors, or other appropriate parties when responding to a chargeback or payment dispute.

If Power Up Gaming believes a customer has made a false, misleading, abusive, fraudulent, or bad-faith claim, we may:

Challenge the dispute;
Provide evidence to the payment provider;
Refuse future orders;
Restrict or close customer accounts;
Cancel pending orders;
Require signature confirmation or additional verification on future orders;
Recover reasonable costs where permitted by law;
Report suspected fraud, theft, or illegal conduct to appropriate parties where permitted or required by law.

Chargeback abuse, friendly fraud, false non-delivery claims, false defect claims, product swapping, misrepresentation, harassment, threats, or abuse toward staff may result in account restrictions, order refusal, legal action, collections, or law enforcement involvement where appropriate.

Website Use and Availability

Power Up Gaming does not guarantee that the website will be uninterrupted, error-free, secure, current, or available at all times.

Website access may be affected by Shopify issues, app issues, maintenance, updates, third-party service outages, cyber incidents, payment provider issues, carrier integrations, internet disruptions, or other technical problems.

Power Up Gaming is not responsible for losses or issues caused by website downtime, checkout errors, app errors, cart errors, third-party service failures, incorrect display of information, or technical issues, except where required by law.

Third-Party Services

Power Up Gaming uses third-party platforms and services to operate our website and business.

These may include Shopify, payment providers, shipping carriers, email marketing providers, SMS marketing providers, review platforms, wishlist apps, restock notification apps, loyalty apps, analytics providers, advertising platforms, live chat tools, and other service providers.

Third-party services may have their own terms, privacy policies, fees, restrictions, outages, and service limitations.

Power Up Gaming is not responsible for third-party service decisions, outages, delays, errors, account restrictions, payment declines, financing decisions, policy changes, or platform issues.

External Links

Our website may contain links to external websites, third-party resources, compatibility lists, Wikipedia pages, shipping carriers, payment providers, social media platforms, review platforms, manufacturers, apps, or other outside services.

External links are provided for convenience only.

Power Up Gaming does not control and is not responsible for the accuracy, completeness, availability, privacy practices, security, policies, or content of external websites or third-party resources.

Customers should review third-party websites, policies, and information before relying on them.

Intellectual Property

The Power Up Gaming name, branding, logo, website design, page layouts, original text, graphics, photos, product descriptions, policy content, promotional material, and related website content are owned by Power Up Gaming or used with permission unless otherwise stated.

You may not copy, reproduce, modify, distribute, display, scrape, sell, republish, reuse, or use Power Up Gaming content, branding, photos, graphics, descriptions, policies, or website materials for commercial purposes without written permission from Power Up Gaming.

Unauthorized use of Power Up Gaming intellectual property may result in legal action.

Third-Party Trademarks

Product names, game titles, console names, company names, character names, logos, trademarks, and brands belonging to Nintendo, PlayStation, Sony, Xbox, Microsoft, Sega, Atari, and other companies are the property of their respective owners.

Power Up Gaming is an independent retailer and is not affiliated with, sponsored by, authorized by, or endorsed by Nintendo, PlayStation, Sony, Xbox, Microsoft, Sega, Atari, or other rights holders unless specifically stated.

References to third-party brands, systems, games, or trademarks are used for identification, compatibility, resale, informational, and product listing purposes.

Customer Content, Reviews, and Feedback

Customers may submit reviews, photos, messages, comments, testimonials, feedback, social media posts, or other content to Power Up Gaming or related platforms.

By submitting content, customers grant Power Up Gaming permission to use, display, reproduce, publish, edit, and share that content for business, customer service, marketing, website, review, social media, or promotional purposes unless prohibited by law.

Customers agree not to submit content that is false, misleading, defamatory, abusive, threatening, obscene, discriminatory, infringing, unlawful, or otherwise inappropriate.

Power Up Gaming may remove, refuse, moderate, or respond to customer content at our discretion.

Privacy

Power Up Gaming collects, uses, stores, and shares personal information as described in our Privacy Policy.

The Privacy Policy explains how personal information may be handled for orders, accounts, shipping, local pickup, returns, warranty claims, customer service, trade-ins, disc refinishing, compatibility questions, loyalty programs, reviews, email marketing, SMS marketing, analytics, advertising, fraud prevention, surveillance, and related business purposes.

In-Store Surveillance

Power Up Gaming uses video and audio surveillance in and around our retail store for security, safety, theft prevention, fraud prevention, dispute resolution, staff and customer protection, and property protection.

Notices are posted at the store entrance or in visible areas to advise customers that surveillance is in use.

Power Up Gaming does not use surveillance footage for facial recognition, biometric identification, or biometric profiling.

Surveillance footage may be reviewed or shared where permitted or required by law, including with law enforcement, insurers, legal advisors, or other appropriate parties.

No Professional Advice

Information on the Power Up Gaming website is not legal, financial, technical, repair, appraisal, investment, tax, or professional advice.

Customers should make their own decisions and seek appropriate professional advice where needed.

Limitation of Liability

To the fullest extent permitted by law, Power Up Gaming is not responsible for indirect, incidental, special, consequential, punitive, or similar damages.

This includes, but is not limited to, lost profits, lost data, lost save files, lost business, lost opportunity, loss of enjoyment, compatibility mistakes, customer setup issues, unsupported hardware, clone system issues, third-party accessory issues, modern television issues, carrier delays, failed delivery attempts, packages marked delivered, third-party service outages, payment provider issues, website errors, customer misuse, or issues caused by circumstances outside Power Up Gaming’s reasonable control.

To the fullest extent permitted by law, Power Up Gaming’s total liability for any claim related to a product, service, order, website use, or transaction is limited to the amount paid for the specific product or service giving rise to the claim.

Nothing in this Legal Notice limits liability that cannot legally be limited.

Force Majeure

Power Up Gaming is not responsible for delays, failures, losses, or inability to perform caused by events beyond our reasonable control.

These events may include weather, natural disasters, fire, flood, power outages, internet outages, carrier delays, postal disruptions, strikes, labour shortages, supplier issues, customs issues, government action, war, terrorism, pandemics, public health restrictions, cyber incidents, payment provider outages, Shopify outages, app failures, or other events beyond our reasonable control.

Policy Updates

Power Up Gaming may update this Legal Notice & Compliance Policy from time to time.

The “Last Updated” date at the top of this page shows when this policy was last updated.

Continued use of our website, store, services, products, customer account, or related features after updates are posted means you accept the updated policy, unless otherwise required by law.

Contact Us

Questions about this Legal Notice & Compliance Policy may be sent to:

Power Up Gaming
Kevin Wells operating as Power Up Gaming
490 Mapleview Drive West, Unit 5
Barrie, Ontario
L4N 6C3
Canada

Email: info@powerupgaming.ca
Phone: 705-503-4263

Additional helpful pages: