Terms Of Use

Welcome to Trade Monsters ("we," "our," "us"). These Terms of Use ("Terms") govern your
access to and use of our website, https://www.trademonsters.com.au ("Website"), and any
associated services, including purchasing, trading, and selling card products (collectively,
"Services"). By accessing or using our Website, you agree to comply with and be bound by
these Terms, together with our Privacy Policy and any other policies referenced herein or
available by hyperlink.

1. ACCEPTANCE OF TERMS
a. Binding Agreement: By accessing or using our Services, you represent that you have
read, understood, and agree to be bound by these Terms. If you do not agree to all the
terms, you may not access the Website or use our Services.
b. Eligibility: You must be at least 18 years old to use our Services. If you are under 18, you
may only use the Services under the supervision of a parent or legal guardian.
c. Updates: We reserve the right to modify, update, or replace any part of these Terms at
any time without prior notice. It is your responsibility to check this page regularly for
changes. Your continued use of our Website following the posting of any changes
constitutes acceptance of those changes.

2. PRIVACY POLICY
These Terms of Use incorporate our Privacy Policy by reference, which explains how we
collect, use, and protect your personal information. By using this Website, you consent to
the processing of your information as described in our Privacy Policy and affirm that all data
provided by you is accurate.

3. PROHIBITIONS
a. Misuse of Website: You must not misuse this Website by, without limitation:
i. Committing or encouraging a criminal offence;
ii. Transmitting or distributing a virus, trojan, worm, logic bomb, or any other material
that is malicious, technologically harmful, or offensive;
iii. Attempting to gain unauthorized access to the Website or any network connected
to it;
iv. Corrupting data or causing annoyance to other users;
v. Infringing upon the rights of any other person's proprietary rights;
vi. Sending any unsolicited advertising or promotional material ("spam");
vii. Attempting to affect the performance or functionality of any computer facilities of
or accessed through this Website.
viii. Engaging in misleading or deceptive conduct under the Competition and Consumer
Act 2010.
b. Liability for Breach: Any breach of this section could constitute a criminal offence. We
may report such breaches to law enforcement authorities and disclose your identity to
them if required.
c. Security Risks: We will not be liable for any loss or damage caused by a distributed
denial-of-service attack, viruses, or other technologically harmful material that may
infect your computer equipment, programs, data, or other proprietary material due to
your use of the Website or the downloading of any material posted on it.

4. TERMS OF SALE
a. Contract of Sale: By placing an order on our Website, you acknowledge you are entering
into a contract of sale with Trade Monsters, subject to these Terms.
b. Order Acceptance: All orders are subject to availability and confirmation of the order
price. A contract between you and Trade Monsters for the purchase of goods is formed
only after payment has been approved and we have debited your credit or debit card.
c. Pricing and Availability: While we endeavour to ensure all details, descriptions, and
prices appearing on our Website are accurate, errors may occur. If we discover an error
in the price or description of any goods you have ordered, we will inform you and provide
the option to reconfirm or cancel your order. If cancelled, you will receive a full refund.
d. Quantity Limits: We reserve the right to limit the quantities of any products or services
that we offer.
e. Force Majeure: We will not be held liable for any delay or failure to fulfil orders due to
events beyond our reasonable control (e.g., natural disasters, strikes, wars, power
failures, or other force majeure events).

5. PRICING
a. Currency: All prices on our Website are listed in Australian Dollars (AUD) unless
otherwise specified.
b. Price Changes: We reserve the right to change pricing without notice. In the event of a
price update after you have placed your order, we will notify you prior to processing the
order.
c. Payment Methods: We accept valid credit cards, debit cards, and other payment
methods as indicated at checkout. Once your payment method has been validated, we
will debit the funds from your nominated form of payment immediately for the full order
amount.

6. DISCOUNT CODES & PROMOTIONS
a. Usage: From time to time, we may offer promotional discount codes which may apply to
specific purchases or sitewide. The conditions of use for these discount codes will be
specified at the time of issue.
b. Limitations: Discount codes cannot be used in conjunction with other offers unless
explicitly stated. They cannot be applied retrospectively to orders already placed.
c. Validity: Discount codes have an expiry date and may not be redeemed after their expiry.

7. GIFT CARDS
a. Redemption: Gift cards (physical or electronic) can be used only to purchase products
on our Website and are not redeemable for cash.
b. Validity Period: Gift cards expire three (3) years from the date of issue unless otherwise
stated. Any unused balance after expiry will not be refunded.
c. Responsibility: Treat gift cards like cash. We are not responsible for lost or stolen cards,
and such cards will not be replaced.
d. Multiple Payment Methods: Gift cards may not be used in conjunction with certain
other payment methods, such as certain buy-now-pay-later services, unless explicitly
stated.

8. SHIPPING & DELIVERY
a. Dispatch Times: Dispatch times may vary according to product availability. Any delivery
timelines are estimates and may be subject to postal delays or force majeure events.
b. Risk of Loss: Ownership and risk pass to you upon delivery of the product(s) to your
designated address. We are not responsible for lost or stolen packages once the order
has been shipped and tracking information has been provided.

9. RETURNS, REFUNDS, AND DAMAGE CLAIMS
a. No Returns/Refunds: Due to the nature of sealed card products and other factors, we
do not offer returns or refunds except for incorrect orders or items severely damaged
(subject to our judgment or decision). While final decisions rest with us, we strive to
address these matters fairly and ensure customer satisfaction where justified.
b. Damaged or Incorrect Items: If you receive a damaged item or one that is not as
described, contact us at support@trademonsters.com.au within 48 hours of delivery
with clear photos of the issue. We will review the case and determine an appropriate
resolution (e.g., replacement, store credit, or partial refund).
c. Lost or Stolen Packages: Any claims for lost or stolen packages must be directed to the
relevant shipping carrier.

Nothing in these Terms limits or excludes your rights under the Australian Consumer Law
(ACL). You are entitled to remedies for goods that are faulty, not as described, or unfit for
purpose. Our no-returns/refunds policy does not apply to claims arising from breaches of
consumer guarantees under the ACL.

10. PRE-ORDER AND SPECIAL ORDER POLICY
a. Nature of Pre-Orders: A pre-order is an order placed for an item that has not yet been
released, is currently out of stock, or is sourced specifically upon your request. Placing a
pre-order secures your allocation from our incoming inventory.
b. Combined Orders: If your order contains both in-stock and pre-order items, we will hold
the order until the pre-order items are available before dispatching. If you prefer to
receive the in-stock items sooner, please place separate orders.
c. Estimated Delivery and Delays: Estimated release dates for pre-order items are based
on information provided by manufacturers or distributors. Delays may occur due to
supply chain constraints, customs processing, or quality control rejections. Delivery
delays of less than 28 business days beyond the estimated delivery date do not entitle
the customer to cancellation or refund.
d. Sourcing Unlisted Items: If there is a specific product you wish to purchase that is not
listed on our Website, please contact us via email at support@trademonsters.com.au.
We will do our best to source the item for you upon request.

11. COMPLAINTS
a. Complaint Procedure: We operate an established complaint-handling procedure to try
to resolve disputes when they arise. Please contact our Customer Care at
support@trademonsters.com.au if you have any concerns or comments.
b. Escalation: If we cannot resolve your complaint through our internal process, you may
have the option to pursue alternative dispute resolution or other legal remedies as
permitted by law.

12. INTELLECTUAL PROPERTY
a. Ownership: All intellectual property rights in software, text, images, logos, designs,
trademarks, trade names, and other materials contained on our Website remain the
property of Trade Monsters or our licensors and are protected by copyright, trademark,
and other applicable laws.
b. License and Restrictions: You may store, print, and display content supplied solely for
your personal use. You are not permitted to publish, manipulate, distribute, or otherwise
reproduce in any format any of the content or copies of the content that appears on this
Website, nor may you use any such content in connection with any business or
commercial enterprise without our express written permission.

13. THIRD-PARTY LINKS & TOOLS
a. Third-Party Websites: Our Website may contain links to websites operated by third
parties. We have no control over these sites and accept no responsibility for them or for
any loss or damage arising from your use of them.
b. Third-Party Tools: We may provide access to tools operated by third parties over which
we neither monitor nor have control. You acknowledge that we provide access to such
tools on an "as is" basis, without warranties of any kind.

14. LINKING TO THIS WEBSITE
a. Fair and Legal Use: You may link to our Website, provided you do so in a way that is fair
and legal and does not damage or take advantage of our reputation. You must not
establish a link in such a way as to suggest any form of association or endorsement
where none exists.
b. Revocation of Permission: We reserve the right to withdraw linking permission without
notice if we believe such link is detrimental to our interests.

15. LIMITATION OF LIABILITY
a. No Warranties: To the maximum extent permitted by law, we disclaim all warranties,
express or implied, in connection with our Website and Services.
b. Exclusion of Damages: We shall not be liable for any direct, indirect, incidental, special,
consequential, or punitive damages, or any other damages whatsoever arising out of or
in connection with your use or inability to use the Website.
c. Maximum Liability: In no event shall our total liability to you for all damages exceed the
amount you paid for the relevant product or Service. Our liability for failure to comply with
consumer guarantees under the ACL (e.g., goods being of acceptable quality, fit for
purpose, or matching descriptions) is not limited by these Terms, except to the extent
permitted by law.

16. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Trade Monsters, its directors, officers,
employees, contractors, agents, licensors, and suppliers from and against any claims,
liabilities, damages, expenses, or losses (including legal fees) arising out of your breach of
these Terms or your misuse of our Services.

17. GOVERNING LAW & DISPUTE RESOLUTION
Governing Law: These Terms shall be governed by and construed in accordance with the
laws of Western Australia.
Jurisdiction: You agree that the courts of Western Australia shall have exclusive jurisdiction
to settle any dispute or claim arising out of or in connection with these Terms.
Mediation: In the event of a dispute, the parties agree to attempt resolution through
negotiation and mediation before resorting to litigation.

18. VARIATION
We retain the right, at our sole discretion, to amend, remove, or vary any portion of our
Services or Website content at any time without notice. We will notify users of material
changes via email or a prominent notice on the Website. Continued use after changes
constitutes acceptance.

19. WAIVER
If you breach these Terms and we take no action, we will still be entitled to use our rights and
remedies in any other situation where you breach these Terms.

20. SEVERABILITY
If any provision of these Terms is held to be invalid or unenforceable, that provision shall be
enforced to the maximum extent permissible, and the remaining provisions shall remain in
full force and effect.

21. ENTIRE AGREEMENT
These Terms, together with any other legal notices and agreements published by us on the
Website, constitute the entire agreement between you and Trade Monsters and supersede
all prior agreements, understandings, and representations.

22. CONTACT INFORMATION
For any questions, concerns, or complaints regarding these Terms, please contact us at:
Trade Monsters
Email: support@trademonsters.com.au
Website: www.trademonsters.com.au

23. ELECTRONIC COMMUNICATIONS
By using the Website, you consent to receive electronic communications from us, including
notices, agreements, and promotional materials.

By using this Website, you acknowledge that you have read, understood, and agreed to
these Terms of Use.