1.1. These terms and conditions apply to all sales of goods (Products) by ESP Merchandise Pty Ltd (Seller) to the purchaser of the Products (Customer).
1.2. These terms and conditions can only be waived in writing signed by an authorised officer of Seller and will prevail over all of Customer’s terms and conditions to the extent of any inconsistency.
2. Quotations & Orders
2.1. By placing an order with Seller (Order), Customer offers to purchase Product at the price specified in the Order. Seller reserves the right to accept or reject any Order within 7 days of receiving the Order.
2.2. Seller is not obliged to supply any Product until Seller accepts the Order for that Product. If Seller rejects an Order, Seller will refund any amount paid in advance by Customer for the Order.
2.3. If Customer breaches any of these terms and conditions in respect of an Order, Seller may:
(a) at any time cancel or suspend all or some of the Orders placed by Customer without notice and without any liability to Customer; and
(b) vary the terms and conditions of supplying incomplete and/or future Orders made by Customer.
3.1. The purchase price for Products sent to Australian delivery addresses (Purchase Price) includes the Goods and Services Tax (GST) and any postage, handling, freight, insurance, customs charges, fees and other charges affecting the cost of the Product as per the front of the invoice (P&H).
3.2. The Purchase Price is payable at the time an Order is placed.
3.3. Prices are subject to change without notice.
3.4. Sale items, promotions and specials are only available at the specified price whilst stocks last and during the designated sale and/or promotion period.
3.5. Seller takes all reasonable care to ensure that all details and prices of products on the website https://www.nrlgamecards.com are correct at the time of online publication. However, Seller reserves the right to correct any publishing errors on the website and cancel orders made at the incorrect price.
4. Secure Payment & Fees
4.1. Seller accepts the following payment methods: credit and debit card payment.
4.2. Credit card payments will incur a 1.75% fee plus .30 cents per transaction for domestic transactions.
4.3. To ensure protection of your details, payments are processed using a secure, third party payment gateway service run by Stripe Payments Australia Pty Ltd https://stripe.com/au/legal. Details are encrypted.
5. Freight Costs
5.1. All Australian orders over $100.00 will be shipped free.
5.2. All Australian orders up to $99.99 will be shipped at a flat fee of $20.00 domestically (Australia wide).
6. Product Availability
6.1. All in stock Products are promoted in good faith to be available at the time an Order is received.
6.2. Confirmation that an Order has been received is not a guarantee of availability.
6.3. Customer acknowledges that unforeseen supply issues or unexpected demand may occasionally result in stock being unavailable, which may result in there being a delay in delivery of the Product or Seller cancelling an Order.
7.1. Orders will be dispatched to Customer by an ESP approved third party contractor.
7.2. Delivery of Product to an Australian delivery address will generally occur within 7-10 days once the Customer Order has been placed online.
7.3. Any delivery times notified to Customer are estimates only and Seller is not liable for late or non-delivery of Product.
7.4. Customer is to ensure the correct delivery address is provided when placing the order. Seller is unable to redirect Product once it has left the Seller warehouse.
7.5. If a Customer order is returned to the Seller due to being insufficiently addressed or unclaimed, Seller will take all reasonable steps to contact Customer using the personal details provided by Customer for further instruction. Additional delivery charges will apply for the Product to be resent.
8. Title & Risk
8.1. The risk of loss or damage to the Product passes to Customer on dispatch of the Product from the Seller’s warehouse for delivery to Customer by post or other means.
8.2. Notwithstanding delivery of the products to Customer, title in the Product will not pass to Customer until the full amount of the Purchase Price is received by Seller and the funds cleared. If Customer’s payment is not received or is declined for any reason, Seller reserves the right to reclaim the Product from Customer’s possession, custody or control at Customer’s cost even if they have been delivered to Customer or moved from the delivery address. Seller reserves the right to keep or sell the Product.
9. Damaged Products
9.1. Customer must inspect the Product on delivery and satisfy itself that the Product is not damaged. If the Product is damaged, Customer must notify Seller within 48 hours of receiving delivery and must provide evidence of the damage, such as by way of photographs.
9.2. Customer complaints should be directed to RMelb@tlaworldwide.com.
9.3. Seller does not accept liability for Products lost or damaged in the mail or by Customer.
9.4. Customer must comply with the requirements of Clause 10 when returning any damaged Product.
10. Return of Products
10.1. Any return of Product must be in accordance with the terms of this Clause 10.
10.2. Customer must contact Seller by writing to RMelb@tlaworldwide.com for instructions on returns.
10.3. After contacting Seller, Customer must follow any instructions provided by Seller and return the Product in its original packing, with all original accessories and contents by registered post within 30 days of the date of invoice to obtain a refund or replacement.
10.4. Refunds, returns and replacements do not include postage and/or handling charges and all such charges are at Customer’s cost, unless Seller otherwise agrees in writing. Seller reserves the right to refuse to accept any returned Product marked “cash or cheque on delivery” or “more to pay”.
10.5. Once the Product is received by Seller a refund will be credited to Customer’s credit card.
10.6. Except where required by law or in accordance with this Clause and Clause 9, Seller will not accept the return of Product.
10.7. Nothing in this Clause affects those rights of Seller under the Australian Consumer Law which may not be excluded or varied by agreement.
11.1. Customer may cancel an Order at any time up until the Order has been dispatched. Cancellations must be sent to RMelb@tlaworldwide.com.
11.2. In the event that an Order has been dispatched, the Order will not be able to be cancelled and Clause 10 will apply if Customer wishes to return the Product.
12. Limitation of Liability
12.1. To the maximum extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms and Conditions or in a written warranty from Seller are excluded. If Seller is liable for breach of an imposed term, guarantee, warranty, representation or condition, Seller’s liability is, at Seller’s option, to the extent permitted by law, limited to:
(a) the replacement of the Products or the supply of equivalent products;
(b) the repair of the Products;
(c) the payment of the cost of replacing the Products or acquiring equivalent products; or
(d) the payment of the cost of having the Products repaired.
12.2. To the maximum extent permitted by law, Seller is not liable for any special, indirect or consequential loss or damage, loss of profit or opportunity and loss of data arising out of or in connection with the Products, including as a result of not being able to use the Products or the late or non-supply of Products, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise and whether or not Seller was aware that such loss or damage may occur.
13. Privacy & Personal Information
13.1. Seller may use Customer’s information to tell Customer about special offers and other products from Seller and other selected companies if Customer has opted-in to receive such information. To opt-out at any stage write to Seller at RMelb@tlaworldwide.com.
14.1. Payments will be processed through Paypal and comply to the PayPal Acceptable Use Policy.
15.1. This agreement will be governed by the laws of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of that state.
15.2. A notice given under this agreement must be in writing and sent to the recipient at the address specified below or such other address as notified from time to time.
15.3. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement, but the rest of this agreement is not affected.
ESP Merchandise Pty Ltd (ABN: 79 119 725 469)