Terms of service

Terms of Service

Overview

Welcome to PNOY-TCG.

The terms “we”, “us” and “our” refer to PNOY-TCG. PNOY-TCG operates this online store and website, including all related information, content, features, tools, products and services, to provide customers with a curated shopping experience.

Our store is powered by Shopify, which enables us to provide our online store and related services to you.

These Terms of Service, together with any policies referenced in them, set out the terms and conditions that apply when you visit our website, browse our store, create an account, place an order, or otherwise use our services.

By accessing or using our website or services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use our website or services.

Section 1 — Eligibility, Access, and Account

By using our website or services, you confirm that you are at least the age of majority in your state, territory, or country of residence, or that you have the consent of a parent or guardian to use our website and services.

You may be required to provide information such as your name, email address, billing address, shipping address, payment information, and other details when using our website or placing an order.

You agree that all information you provide to us is accurate, complete, and up to date. You are responsible for maintaining the confidentiality of your account login details and for all activity that occurs under your account.

You must not transfer, sell, assign, or allow another person to use your account without our permission.

Section 2 — Our Products

We make reasonable efforts to ensure that product descriptions, images, prices, availability, and other details displayed on our website are accurate and up to date.

However, product colours, packaging, and appearance may vary slightly from images shown on your screen due to device settings, lighting, manufacturer changes, or other factors.

Product descriptions, prices, and availability may change at any time without notice. We reserve the right to discontinue any product, limit quantities, or restrict sales to any person, region, or jurisdiction where appropriate.

Nothing in this section limits your rights under Australian Consumer Law.

Section 3 — Trading Cards and Collectible Products

PNOY-TCG sells trading cards, sealed trading card products, collectible card products, toys, and related items.

You acknowledge that trading cards and collectible card products may involve sealed packaging, randomised contents, collectible value, market fluctuations, and condition-sensitive items.

Unless required by law, we do not guarantee the future value, market value, grading outcome, pull rates, rarity, resale value, or investment performance of any trading card or collectible product.

For sealed trading card products, the contents are determined by the manufacturer and are random unless expressly stated otherwise. We are not responsible if you do not receive a specific card, rarity, pull, or outcome from a sealed product.

Nothing in this section limits your rights under Australian Consumer Law if an item is faulty, damaged, incorrectly supplied, or otherwise fails to meet applicable consumer guarantees.

Section 4 — Orders

When you place an order through our website, you are making an offer to purchase the selected products.

Your order is not accepted until we confirm acceptance, process payment, and provide an order confirmation. We reserve the right to accept, reject, cancel, or limit an order for any reasonable reason, including suspected fraud, pricing errors, stock availability issues, payment issues, or breach of these Terms.

Please check your order carefully before submitting it. Once an order has been accepted, we may not be able to cancel or change it before dispatch.

If we need to cancel or change an order, we will attempt to contact you using the details provided at checkout.

Your purchases are subject to our Return and Refund Policy, which forms part of these Terms.

Section 5 — Prices, Payments, and Billing

All prices are listed in Australian dollars unless otherwise stated.

Prices, discounts, promotions, and product availability may change without notice. The price charged for a product will be the price shown at the time you place your order, unless there is an obvious error.

Unless expressly stated otherwise, prices do not include shipping costs, handling fees, customs duties, import taxes, or other charges that may apply.

You agree to provide current, complete, and accurate billing, shipping, payment, and account information for all purchases.

By placing an order, you confirm that you are authorised to use the payment method provided and that the payment details supplied are true and accurate.

We may refuse or cancel an order if payment is declined, appears fraudulent, or cannot be verified.

Section 6 — Promotions, Discounts, and Store Credit

From time to time, we may offer promotions, discount codes, bundles, sales, store credit, loyalty rewards, or other offers.

Promotions may be subject to separate terms and conditions, including expiry dates, product exclusions, minimum spend requirements, usage limits, or other restrictions.

Unless stated otherwise, promotions cannot be combined, redeemed for cash, applied retrospectively, or transferred.

If there is a conflict between these Terms and the specific terms of a promotion, the promotion terms will apply to that promotion.

Section 7 — Shipping and Delivery

We will arrange shipping to the delivery address provided at checkout.

Delivery times shown on our website are estimates only and may vary depending on the shipping carrier, location, customs processing, public holidays, weather events, and other factors outside our control.

You are responsible for ensuring that your shipping details are accurate and complete. We are not responsible for delays or failed deliveries caused by incorrect or incomplete information provided by you.

If your order is returned to us due to an incorrect address, failure to collect, or unsuccessful delivery, we may contact you to arrange redelivery. Additional shipping fees may apply.

Please inspect your order as soon as it arrives. If your order is damaged, defective, incomplete, or incorrect, contact us immediately at support@pnoytcg.com.au so we can assess the issue and make it right.

Nothing in this section limits your rights under Australian Consumer Law.

Section 8 — Returns, Refunds, and Exchanges

Returns, refunds, and exchanges are handled in accordance with our Return and Refund Policy.

For eligible toy products, we may accept returns or exchanges within 30 days of delivery, provided the item is unopened, unused, in its original packaging, and otherwise meets the requirements of our Return and Refund Policy.

Due to the collectible nature of trading cards, sealed products, randomised contents, and the risk of tampering once products leave our store, trading cards and related trading card products are final sale for change-of-mind returns, unless required by law.

This includes, but is not limited to, booster packs, booster boxes, collection boxes, tins, starter decks, theme decks, pre-release kits, mystery packs, graded cards, single cards, sealed card products, and similar collectible card items.

Nothing in these Terms or our Return and Refund Policy limits your rights under Australian Consumer Law, including your rights where an item is faulty, damaged, incorrectly supplied, or does not meet applicable consumer guarantees.

Section 9 — Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under Australian Consumer Law.

Nothing in these Terms is intended to exclude, restrict, or modify any consumer rights, remedies, guarantees, warranties, or protections that cannot be excluded under applicable law.

If a product has a major failure, you may be entitled to reject the product and choose a refund or replacement, or keep the product and receive compensation for any reduction in value, subject to applicable law.

If a product has a minor failure, we may choose to provide a repair, replacement, or refund, subject to applicable law.

Please contact us at support@pnoytcg.com.au if you believe a product is faulty, damaged, incorrectly supplied, or does not meet applicable consumer guarantees.

Section 10 — Intellectual Property

All content on our website, including text, images, graphics, logos, branding, product descriptions, layout, design, audio, video, and other materials, is owned by or licensed to PNOY-TCG and is protected by applicable intellectual property laws.

You may access and use our website for personal, non-commercial purposes only.

You must not copy, reproduce, distribute, modify, publish, display, transmit, scrape, extract, sell, resell, or exploit any part of our website, content, branding, or services without our prior written consent.

The names, logos, product names, designs, and slogans of PNOY-TCG are trademarks or branding of PNOY-TCG or its licensors. You must not use them without our prior written permission.

All other trademarks, logos, product names, and brand names displayed on our website belong to their respective owners.

Section 11 — Third-Party Tools and Services

Our website may include tools, apps, payment processors, shipping integrations, or other services provided by third parties.

We do not control all third-party tools or services and are not responsible for their operation, availability, content, or security.

Your use of third-party tools or services may be subject to separate terms and privacy policies provided by those third parties.

You should review those terms and policies before using any third-party service.

Section 12 — Third-Party Links

Our website may contain links to third-party websites, products, services, or content.

We are not responsible for examining, evaluating, or guaranteeing the accuracy, safety, or reliability of third-party websites or content.

If you access third-party links, you do so at your own risk. Complaints, claims, concerns, or questions about third-party products or services should be directed to the relevant third party.

Section 13 — Relationship with Shopify

PNOY-TCG is powered by Shopify, which enables us to operate our online store and provide our services.

However, any purchase you make through our store is made directly with PNOY-TCG.

By using our website and services, you acknowledge that Shopify is not responsible for the sale, fulfilment, delivery, quality, condition, return, refund, or exchange of products purchased from PNOY-TCG, except to the extent required by law or Shopify’s own applicable terms.

Section 14 — Privacy

Your use of our website and services is subject to our Privacy Policy, which explains how we collect, use, disclose, and protect personal information.

Because our store is powered by Shopify, Shopify may also collect and process personal information in connection with your use of our store, checkout, payment, and related services.

By using our website or services, you acknowledge that you have read our Privacy Policy.

Section 15 — Customer Reviews, Feedback, and Submissions

If you submit, upload, post, email, or otherwise provide reviews, feedback, suggestions, ideas, photos, comments, or other content to us, you grant us permission to use, reproduce, publish, display, modify, and share that content for business purposes, including operating, improving, and promoting our store.

You confirm that any content you provide is accurate, lawful, and does not infringe the rights of any third party.

You must not submit content that is unlawful, offensive, defamatory, misleading, abusive, obscene, threatening, spam, or contains viruses, malware, or harmful code.

We may monitor, edit, refuse, or remove customer content at our discretion.

You are responsible for the content you submit.

Section 16 — Errors, Inaccuracies, and Omissions

Occasionally, our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to update or change information where appropriate.

If an error affects an order you have placed, we will contact you where required and deal with the issue in accordance with applicable law.

Section 17 — Prohibited Uses

You must not use our website or services for any unlawful, fraudulent, harmful, or unauthorised purpose.

You agree not to:

breach any applicable laws or regulations;
infringe our intellectual property rights or the rights of others;
upload or transmit viruses, malware, or harmful code;
interfere with the security or operation of our website;
collect, scrape, or harvest personal information or website content without permission;
send spam, phishing messages, or misleading communications;
impersonate another person or entity;
submit false, misleading, or deceptive information;
abuse, harass, threaten, defame, or harm any person;
attempt to bypass website security, access controls, or technical restrictions;
use automated bots, scraping tools, crawlers, or similar technologies without our prior written consent.

We may suspend or terminate your access to our website or services if we believe you have breached these Terms.

Section 18 — Automated Tools, Bots, and Agents

You must not use automated tools, bots, crawlers, scrapers, artificial intelligence agents, or similar technologies to access, interact with, extract data from, or place orders through our website without our prior written consent.

Any permitted automated tool must clearly identify itself, comply with all technical restrictions, and must not attempt to bypass security measures, rate limits, CAPTCHAs, or other controls.

We reserve the right to block, restrict, or disable access by automated tools at any time.

Section 19 — Termination

We may suspend or terminate your access to our website, account, or services at any time if we reasonably believe that you have breached these Terms, engaged in fraudulent or unlawful activity, or used our services in a way that may harm PNOY-TCG, our customers, Shopify, or any third party.

You remain responsible for all amounts due up to and including the date of termination.

Sections that by their nature should survive termination will continue to apply, including sections relating to intellectual property, payments, prohibited uses, feedback, disclaimers, limitation of liability, indemnity, governing law, and privacy.

Section 20 — Disclaimer of Warranties

We aim to provide a reliable and accurate website and shopping experience, but we do not guarantee that our website or services will always be uninterrupted, secure, error-free, or available at all times.

To the maximum extent permitted by law, and subject to your rights under Australian Consumer Law, our website and services are provided on an “as is” and “as available” basis.

Nothing in these Terms excludes, restricts, or modifies any warranty, guarantee, right, or remedy that cannot be excluded under applicable law.

Section 21 — Limitation of Liability

To the maximum extent permitted by law, PNOY-TCG and its owners, employees, contractors, service providers, and affiliates will not be liable for any indirect, incidental, special, punitive, or consequential loss or damage, including loss of profits, loss of revenue, loss of data, loss of opportunity, or business interruption.

This limitation does not apply to liability that cannot be excluded under applicable law, including liability arising under Australian Consumer Law.

Nothing in these Terms limits your rights where products or services fail to meet applicable consumer guarantees.

Section 22 — Indemnity

You agree to indemnify and hold harmless PNOY-TCG, its owners, employees, contractors, service providers, and affiliates from claims, losses, damages, liabilities, costs, and expenses arising from:

your breach of these Terms;
your misuse of our website or services;
your violation of any law or third-party rights;
any false, misleading, or unlawful content or information you provide.

This section applies to the maximum extent permitted by law.

Section 23 — Severability

If any part of these Terms is found to be unlawful, void, or unenforceable, that part will be treated as severed from these Terms to the extent necessary.

The remaining sections will continue to be valid and enforceable.

Section 24 — No Waiver

If we do not exercise or enforce a right under these Terms, this does not mean we waive that right.

Any waiver must be in writing and signed by us.

Section 25 — Entire Agreement

These Terms, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, and any other policies referenced on our website, form the entire agreement between you and PNOY-TCG regarding your use of our website and services.

Section 26 — Assignment

You must not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent.

We may assign, transfer, or delegate our rights and obligations under these Terms where permitted by law.

Section 27 — Governing Law

These Terms are governed by the laws of Australia

You and PNOY-TCG agree to submit to the courts of [INSERT STATE OR TERRITORY], subject to any rights you may have under applicable consumer protection laws.

Section 28 — Changes to These Terms

We may update, change, or replace these Terms from time to time by posting the updated version on our website.

The updated Terms will apply from the date they are posted, unless otherwise stated.

Your continued use of our website or services after changes are posted means you accept the updated Terms.

You should review these Terms periodically.

Section 29 — Contact Information

Questions about these Terms of Service should be sent to us at:

PNOY-TCG
Email: support@pnoytcg.com.au

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