Terms and Conditions
This document was last updated on June 9, 2019
The online store WWW.SHUFFLPLAY.COM.AU, operated by Andrew Liu (ABN 77 858 437 485) (“Shuffle Play”, “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.SHUFFLEPLAY.COM.AU with the services it provides (“Service”).
- 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.
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.SHUFFLEPLAY.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.
- 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.SHUFFLEPLAY.COM.AU you agree to form a contract between yourself and Shuffle Play. 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 Shuffle Play 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 Shuffle Play 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.
- Delivery and Shipping
It is your responsibility to provide the correct delivery address and correct name at the time of ordering. Any changes to items (item, product set or quantity), the shipping address or names are not possible once an order is processed. You cannot cancel your purchase once it has been placed, except otherwise accounted for in these Terms.
Goods will be dispatched within 2 business days after receiving order confirmation to the stated shipping address. There will be possible delays if purchases are made close to the weekend, public holiday(s) and during high volume sale periods.
Shuffle Play will endeavour to meet estimated delivery times, however the delivery date of Goods on our website is only an approximation and not a binding commitment. When an order is dispatched, you will receive an email shipping confirmation with a tracking number and a link to the carrier’s website. The package will not be traceable within 24 hours of dispatch.
Shuffle Play do not accept responsibility for any loss or damage to orders as a result of a third party’s negligence and will not be liable if an estimated delivery date is not met. We reserve the right to change delivery methods without notice.
We currently only ship within Australia.
- Refunds & Returns
This Returns Policy applies to online purchases only.
Unfortunately, we do not accept exchanges on online purchases at this time. All returns will be handled as returns for refunds.
You are able to return any full priced item within 14 days of the date of purchase for a refund.
To be eligible for a return, your items must be:
- Returned within 14 days of purchase
- In original condition
- Not tampered
- Approved with a Return Authorisation Number (RA#)
What items are not returnable?
- Items that do not meet the above criteria
- Clearance / Sale items
- Pre-order items
- Change of mind
- Found it cheaper somewhere else
Returns are not applicable to sale items and full priced items purchased using an online discount code or any other promotion
- We do not refund the original delivery charges
- We do not cover the return delivery charge
- If the returned items do not satisfy our returns criteria, they will be posted back to you and no refund will be given
- We hold no responsibility if items are lost during transit
- Gifts can only be refunded to the original purchaser, and not gift recipient
- All refunds will be processed within 7 business days upon receiving returned items that satisfy the returns criteria
How do I return items I have purchased online?
Please contact our customer care team at [email protected] with the subject Return “Order Number”.
Our customer care team will then email back to you a Return Authorisation Number (RA#) and details on how to return the item(s) back to us. Please remember that a return can only be authorised if you meet our Online Returns Policy. If you meet the criteria, you will be issued with a refund.
You are eligible for a full refund (inclusive of all delivery fees) if the returned item contains a manufacturing fault and if the item is returned within a reasonable timeframe. In order to qualify for the full refund, the returned items must pass a thorough inspection process to check for manufacturing faults. To help with this process, please email us a photo of the manufacturing fault. Some products may come with an additional manufacture’s warranty. Should you wish to make any claim under a manufacture’s warranty, you can do so directly with the relevant manufacture. We are happy to assist you in the given circumstance. Some products may come with an additional manufacture’s warranty. Should you wish to make any claim under a manufacture’s warranty, you can do so directly with the relevant manufacture. We are happy to assist you in the given circumstance.
All refunds will be processed within 7 business days upon receiving the returned items that have met the above conditions.
- Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
- Contests, Sweepstakes and Promotions
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Andrew Liu (ABN 77 858 437 485) and its licensors. The Service is protected by copyright, trademark, and other laws of both the Australia and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Andrew Liu (ABN 77 858 437 485). Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
- Links to external websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Andrew Liu (ABN 77 858 437 485). Shuffle Play has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Shuffle Play shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
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.
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.
- 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.
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.
Andrew Liu (ABN 77 858 437 485) 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.
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.
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.
- 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.
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.
- Contacting us
If you have any questions about these Terms, please contact us at [email protected].