Terms and Conditions
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This document was last updated on June 9, 2022
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1. Introduction
The online store WWW.COLLECTABLELOOT.COM.AU, (ABN 70 358 974 195) (“Collectable Loot”, “we”, “our” or “us”), is a shopping website for Trading Card Game products and accessories where users can browse, select and order products from. Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using WWW.COLLECTABLELOOT.COM.AU with the services it provides (“Service”).
2. Acceptance of Terms and Conditions
These Terms apply to all visitors, users and others who access or use the Service (“you”, “your”, and “yourself”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. You warrant that you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using the Service you are accepting and agreeing to be bound by these Terms (including our Privacy Policy). If you disagree with any part of the terms, then you may not access the Service.
3. Pricing
All prices of products, services, deliveries and other charges are displayed in Australian
Dollars and include GST (10%). You will be charged in Australian Dollars.
All prices displayed on WWW.COLLECTABLELOOT.COM.AU are current at the time of issue, but we reserve the right to alter prices for any reason at any time without prior notice.
4. Goods, Purchases and Orders
Any products or services made available through the Service is subject to these Terms (“Goods”).
The purchase of any Goods made is subject to these Terms (“Purchase”). For any Purchase on WWW.COLLECTABLELOOT.COM.AU you agree to form a contract between yourself and Collectable Loot. An email confirmation of your Purchase does not constitute an acceptance of the Purchase. No contract of sale is formed until the time that your debit or credit card has been debited and your purchase dispatched.
You may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s), debit card(s) or other payment method(s) in connection with any Purchase; that (ii) the credit card, debit card or other payment method contains sufficient funds to cover the cost of the Purchase; and that (iii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of your purchase. Please note that you cannot cancel or change your purchase once it has been placed, except otherwise accounted for in these Terms.
We reserve the right to refuse or cancel your purchase at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your purchase if fraud or an unauthorised or illegal transaction is suspected.
We reserve the right to hold a purchase that is pending credit card verification and security validation. You will be contacted by Collectable Loot requesting for additional verification for the purchase. If a response is not received within 48 hours, your purchase will be cancelled and you will be refunded.
We reserve the right to cancel your purchase if our merchant bank is not satisfied with the information provided.
You acknowledge that no employee or agent of Collectable Loot has any right to make any representation, warranty or promise in relation to a purchase and/or the sale of Goods that would conflict with these Terms and Conditions.
The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service.
5. Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
6. Indemnification
As a condition of your access to and use of the Service, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
7. Limitation of Liability
You agree that we shall not be liable for any damages suffered as a result of using the Service.
In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties, such as manufacturers and wholesalers, and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
8. Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Collectable Loot and its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in the Service.
9. Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
10. Severability
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of South Australia, Australia, without regard to its conflict of law provisions.
12. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect.
It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using the Service. Your continued use of the Service will be deemed as your acceptance thereof.
13. Collectable Loot Acrylic Cases
Acrylic Case products are purely for protection for the item inside of the box, therefore no refund will be given upon damages due to human error, these include but are not limited to; getting the product wet, dropping off item or any damaged caused to the product once inside the protector that has been caused by user error.
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Please note that cases contains magnets.
Keep magnets away from small children. Magnets should never be swallowed or inhaled. They pose a choking risk and can pose a serious threat to internal organs. Seek immediate medical attention if magnets are swallowed or inhaled.
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We here at Collectable Loot stand by our product however cannot guarantee that whilst product is inside it will not be damaged if you wish to ship it elsewhere whilst inside. The protection is purely for display purposes and should not be used as a main form of protection. In no way do we guarantee that our product will guarantee safe arrival if the user were to send or gift it a long distance. We do not offer a refund due to client’s incorrect use of product. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Collectable Loot, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. Acrylic Cases has NO return policy for change of mind, refunds or exchanges.
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Should you believe the items received are faulty and/or damaged do contact us at
collectable.loot@outlook.com.au and we will respond as soon as possible to resolve the issue.
14. Contacting us
If you have any questions about these Terms, please contact us at collectable.loot@outlook.com.
