PTCG Mart terms and conditions of sale
Access to and use of the PTCG Mart website and the products and services available through the PTCG Mart website (the “Services”) are subject to the PTCG Mart Terms (as defined below). By using the PTCG Mart website the Client is agreeing to the PTCG Mart Terms as they may (without notice) be updated from time to time. You should check the PTCG Mart website regularly to take notice of any changes to the PTCG Mart Terms.
“Client” is used interchangeably in these Terms with “you” and “yours” and refers to users of the PTCG Mart website;
“digital delivery” means delivery of a product by email and excludes delivery of any physical product;
“PTCG Mart” means the business conducted by Emily Joy Marie Rogers, ABN: 65377246072;
“PTCG Mart Terms” means the terms and conditions contained in this document;
“PTCG Mart website” means the website known as www.PTCGMart.com.au
“We”, “us”, and “our” is used interchangeability in these Terms to refer to PTCG Mart.
Terms of Sale
(a) By placing an order you are offering to purchase a product on and subject to the PTCG Mart Terms. All orders are subject to availability and confirmation of the order price;
(b) All prices are in Australian Dollars (AUD). We endeavour to ensure that our pricing is accurate and current and we reserve the right to amend our prices at any time. Your order will be fulfilled by us at the price listed in our product listings at the time you place an order;
(c) We may accept or reject your order at our sole discretion and if accepted, deliver your order either by post or courier of our choice (subject to any delays occasioned by Australia Post or courier within 2-10 business days) or by digital delivery within 24 hours of payment being cleared;
(d) We undertake to accept or reject your order (offer to purchase) immediately after placing such order. Our processing and handling time for orders is usually one business day (with the exception of digital delivery) however in some circumstances this may take two (2) business days to process. If we have not responded to you within two (2) business days your offer is deemed to be rejected without any obligation on us to provide reasons for rejecting your order. The most likely reason for rejecting is that information provided appears incorrect or the payment has been declined by your financial institution. If an item is out of stock we will advise you of this;
(e) You may cancel your order at any time before it is dispatched;
(f) Packaging and postage is an additional charge, calculated at the time of purchase in accordance with our shipping policy;
(g) All risk of loss or damage to the goods passes to you when we dispatch the goods; and
(h) Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or events out of our control.
Images have been provided for illustrative purposes only and PTCG Mart does not guarantee that the image will reproduce in true colour nor that any given image will reflect or portray with precision, the design of the product. We strive to ensure that our products are described and depicted as accurately as possible on the website, however we do not warrant that the description is accurate providing that in the event that we become aware of any misdescription we reserve the right to correct any error or omission.
Addressing of Items to be Shipped to You
(a) In the event that PTCG Mart has incorrectly addressed any items to be dispatched to you, PTCG Mart will be liable for redelivery, replacement or refunding to you the cost of the order;
(b) In the event that you have provided an incorrect address to PTCG Mart then you will be entirely liable for the costs of PTCG Mart dispatching the items ordered to you on any further occasion or if you request a refund you will remain liable for the costs of dispatching the item(s) to you at the incorrect address and this will not be refunded to you.
Some items listed and/or displayed on the PTCG Mart website may not be released at the time of listing/display or at the time that you order the item (a “pre-order”). In such an event the dispatch of the item will not be made until on or after the release date and the provision referred to in 3(c) above will not apply until on or after the release date. In the event that you wish to order both a pre-order and an item immediately available and you wish the item immediately available to be dispatched immediately you will need to place two separate orders – one for the item immediately available and one for the pre-order. If you do not place two separate orders your order will be dispatched in its entirety after the release date of the pre-order.
Promotions and Discounts
From time to time we offer promotions or discounts in respect of certain purchases made through the PTCG Mart website. You should check the item being purchased carefully to determine whether a discount of any kind applies and any conditions which may attach to a specified discount.
Product Returns and Acknowledgment by you
(a) You acknowledge that any cards purchased by you using the PTCG Mart website may have a very faint line across them (usually horizontally or vertically, and only visible under a very bright light) and that this is a manufacturing defect occurring during printing and unavoidable;
(b) You further acknowledge that the edges of any cards purchased by you using the PTCG Mart website may have a few tiny nicks (whitening on the edges) from production and storage;
(c) If you want to return any product you will need to email us at [insert address] within 14 days of purchase and await our instructions regarding the return of the product;
(d) Refunds will only be approved upon proof by you that the products are faulty or do not match description and in the event of a refund being approved the cost of postage will be refunded to you;
(e) Cards with the fault referred to in (a) and (b) in this clause are not refundable; and
(f) We do not accept returns due to change of mind or for any digitally delivered goods.
(a) You acknowledge that these Terms and Conditions are entered into electronically, and that the following categories of information may be provided by electronic means:
These Terms and Conditions and any amendments, modifications or supplements to them;
Your records and transactions in the provision of the Service;
Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by law;
Any customer service communications, including without limitation communications with respect to claims of error or unauthorised use of the Service; and
Any other communication related to the Service.
(b) You may withdraw your consent by using our contact information at the end of these Terms and Conditions, to receive communications electronically but if you do, your use of the Service shall be terminated;
(c) In order to access and retain Communications, you must have or have access to the following:
An internet browser that supports 256 bit such as Internet Explorer 8.0 or above;
An email account, email software capable of interfacing with PTCG Mart’s email servers and the capability to read email from PTCG Mart as well as a device and internet connection capable of supporting the foregoing;
Sufficient electronic storage capacity on your electronic device’s hard drive or other data storage unit; and
A printer capable of printing from your browser and email software.
(a) Copyright in the PTCG Mart website and the Services, the content, and all intellectual property relating to them and contained in them is the property of PTCG Mart;
(b) You may use the PTCG Mart website and the Services only for the purposes permitted by these terms and conditions or as described on the website. You are not permitted to duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the PTCG Mart website, the Services or any portion thereof for any public or commercial use without the express written consent of PTCG Mart;
(c) You are not permitted to use any robot, spider, scraper or other automated device to access the PTCG Mart website or the Services or to in any way remove or alter any copyright, trademark or other proprietary notice or legend displayed on the PTCG Mart website or any pages you have printed from the PTCG Mart website;
(d) All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on the PTCG Mart website are either owned by us or licensed to us for use. Your access to the PTCG Mart does not licence you to use those marks in any commercial way without our prior written permission.
(a) The PTCG Mart website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content, maintenance of or privacy compliance by any linked website. Any hyperlink on our website does not imply our endorsement, support or sponsorship of the operator of that website nor of the information and/or products which they provide; and
(b) Linking the PTCG Mart website is not permitted.
Disclaimer of Liability and Indemnity
(a) The material displayed on the PTCG Mart website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary, to the fullest extent permitted by law, PTCG Mart and its suppliers, content providers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute common law or the law of equity and shall not be liable for any damages whatsoever including but without limitation damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods arising out of or related to the use, inability to use, performance or failures of the PTCG Mart website and any materials published on the PTCG Mart website.;
(b) PTCG Mart does not accept liability for any of the following:
any failure to perform the Services as a result of circumstances which could reasonably be considered to be abnormal or unforeseen or outside the control of PTCG Mart or the result of obligations under any applicable laws, rules or regulations;
Malfunctions in communications facilities which cannot reasonably be considered to be under the control of PTCG Mart and that may affect the accuracy or timeliness of messages you send to PTCG Mart;
Any damage to your computer system which arises in connection with your use of the PTCG Mart website or any linked website;
Any losses or delays in transmission of messages arising out of the use of any internet or telecommunications service provider or caused by any browser or other software which is not under the control of PTCG Mart;
Losses arising from an unauthorised transaction or any other unauthorised use of the Services where the Client has acted fraudulently or negligently.
(c) You agree to indemnify and hold harmless, PTCG Mart, its officers, servants or agents and employees from all loss, damage, claims, actions or demands including reasonable legal fees, arising out of your use of the PTCG Mart website or the Services, your violation of the PTCG Mart Terms and any other violation by you of the rights of a third party;
These terms and conditions comprise the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement, and supersedes any prior understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this agreement.
Any waiver by any party to a breach of any of the PTCG Mart Terms shall not be deemed to be a waiver of a subsequent breach of the same or of a different kind.
Events beyond control
Neither party shall be liable to the other party for any loss caused by any failure to observe these terms and conditions, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government authorities.
If anything in the PTCG Mart Terms is unenforceable, illegal or void, it is severed and the remaining provisions remain in force.
(a) If you have any complaint about the Services or if you are aware that anyone is using the Service inappropriately please email us at cs@PTCG Mart.com.au;
(b) If you receive any emails purporting to be from PTCG Mart which you suspect may be ‘phishing’ (fake) emails please forward these to cs@PTCG Mart.com.au;
(c) Any questions, notices and requests for refunds or further information should be sent to PTCG Mart by email to cs@PTCG Mart.com.au.
The PTCG Mart Terms are to be construed in accordance with the laws of New South Wales. You as the client and we irrevocably submit to the jurisdiction of the courts of New South Wales and the Commonwealth.