Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Collector Plus.
Collector Plus is a registered business name of Flavour Plus Pty Ltd (ABN 87 602 887 276).
Throughout these Terms of Service, the terms “Collector Plus”, “we”, “us” and “our” refer to Flavour Plus Pty Ltd trading as Collector Plus.
Collector Plus operates this website and online store, including the information, content, features, products and services made available through it (the “Services”).
Our online store is powered by Shopify, which provides the ecommerce platform that enables us to offer products and services to you.
By accessing our website, using our Services or purchasing from Collector Plus, you agree to these Terms of Service together with our Privacy Policy, Shipping Policy and Returns & Refunds Policy.
Nothing in these Terms excludes, restricts or modifies any rights or remedies available to consumers under the Australian Consumer Law (ACL) that cannot lawfully be excluded, restricted or modified.
1. ONLINE STORE AND ACCOUNTS
You must provide accurate, current and complete information when placing an order or creating an account.
You are responsible for maintaining the confidentiality and security of your account information and login credentials.
You must not use our website or Services for any unlawful or fraudulent purpose.
2. PRODUCTS
Collector Plus specialises in trading cards, precious metals, coins and other collectible products.
We make reasonable efforts to accurately display and describe products available through our store.
Product photographs may be manufacturer or supplier images and may be provided for illustrative purposes. Colours and appearance may vary depending on your device or display.
Where a product is individually photographed or specifically described as the exact item being sold, that description will apply to that item.
Packaging of trading cards, coins and other collectibles may occasionally have minor manufacturing, handling or transportation imperfections.
Nothing in this section limits your rights under Australian Consumer Law where a product does not comply with an applicable consumer guarantee.
We may discontinue products or limit quantities available for purchase where permitted by law.
3. TRADING CARDS AND COLLECTIBLES
Unless otherwise stated, sealed trading card products sold as new are supplied sealed.
The contents of sealed trading card products are determined by the relevant manufacturer. Collector Plus does not guarantee particular cards, pull rates, rarity levels, grades or monetary values from sealed products unless expressly stated.
Where individual cards or collectibles are sold, their condition will be described on the relevant product listing where applicable.
Grading assessments made by third-party grading companies are the responsibility of those grading companies.
Nothing in this section excludes any rights available under Australian Consumer Law.
4. PRECIOUS METALS, BULLION AND COINS
Prices for gold, silver, bullion, coins and other precious-metal products may change due to movements in precious-metal markets, currency exchange rates, availability and other market conditions.
The price applicable to an accepted order will be the price confirmed for that order, subject to these Terms and applicable law.
Collector Plus does not provide financial, investment, taxation or financial-product advice. Information displayed regarding precious metals or collectible products is provided for general product information only.
Customers should make their own decisions regarding whether a particular collectible or precious-metal product is appropriate for them.
5. ORDERS
Placing an order through our website constitutes an offer to purchase the products in that order.
Receipt of an automated order confirmation does not necessarily mean that an order has been finally accepted.
We may review orders before acceptance, including where there is a suspected pricing or inventory error, payment issue, suspected fraud, breach of purchase limits or other legitimate issue.
If we cannot accept or fulfil an order, we will contact you and, where payment has already been taken for products that cannot be supplied, provide an appropriate refund.
Nothing in this section limits rights available under Australian Consumer Law.
6. HIGH-DEMAND AND LIMITED-RELEASE PRODUCTS
Certain products may be released in limited quantities or experience demand significantly greater than available supply.
To provide fairer access to these products, Collector Plus may impose reasonable purchase limits, customer limits, household limits or other allocation conditions on selected releases.
Where clearly disclosed for a particular release, Collector Plus may also use a fair-allocation or ballot-style process to determine purchase opportunities.
Any specific rules applying to such a release will be communicated with the relevant offer.
We may cancel duplicate or excessive orders placed in breach of clearly disclosed purchase limits, subject to applicable law.
These measures are intended to provide genuine customers and collectors with a fairer opportunity to purchase limited products.
7. PRE-ORDERS
Products clearly marked Pre-Order are products offered before their expected availability or dispatch date.
Release dates and estimated arrival dates are based on information available to us at the time and may change.
Manufacturers, distributors, suppliers, freight providers or other circumstances outside our reasonable control may delay a product.
Where we become aware of a material change to an expected pre-order release or supply, we will endeavour to provide affected customers with updated information.
If a pre-order product is cancelled by the manufacturer or supplier, cannot be supplied by us, or otherwise cannot be fulfilled, affected customers will be offered an appropriate remedy, which may include a refund.
Any additional cancellation conditions applying to pre-orders are subject to our Returns & Refunds Policy and Australian Consumer Law.
8. PRICES AND PAYMENT
Unless otherwise stated, prices displayed on Collector Plus are in Australian dollars (AUD).
Where GST applies, displayed consumer prices will include GST unless clearly stated otherwise.
Shipping charges, where applicable, will be displayed during checkout before the order is completed.
Prices may change without notice before an order is placed.
Once an order has been accepted, any change to the transaction will be dealt with in accordance with these Terms and applicable Australian law.
9. PRICING, LISTING AND INVENTORY ERRORS
While we take reasonable care when maintaining our website, occasional typographical, pricing, inventory, description or technical errors may occur.
Where an obvious or genuine error occurs, we reserve the right to correct the information and deal with affected orders as permitted by applicable law.
If an affected order cannot be fulfilled, we will contact the customer and refund amounts paid for products that cannot be supplied.
Nothing in this section limits rights or remedies under Australian Consumer Law.
10. SHIPPING AND DELIVERY
Orders are shipped in accordance with our Shipping Policy.
Estimated processing and delivery times are estimates and may be affected by circumstances outside our reasonable control.
Tracking information will be provided where tracked shipping applies.
High-value products, including precious metals and premium collectibles, may require additional delivery security or signature on delivery.
Customers should provide complete and accurate delivery information when placing an order.
Nothing in these Terms excludes any responsibility or obligation imposed on Collector Plus by Australian Consumer Law.
11. RETURNS, REFUNDS AND CONSUMER GUARANTEES
Returns, refunds, replacements and other remedies are governed by our Returns & Refunds Policy and Australian Consumer Law.
Collector Plus does not generally provide refunds solely for change of mind unless otherwise stated.
However, this does not affect any rights you have under Australian Consumer Law.
Australian consumers automatically receive consumer guarantees that cannot be excluded by these Terms.
Where a product fails to satisfy an applicable consumer guarantee, you may be entitled to a remedy under Australian Consumer Law depending on the circumstances.
12. INTELLECTUAL PROPERTY
Unless otherwise indicated, the content created for the Collector Plus website, including Collector Plus branding, graphics, text, layouts and original content, is owned by or licensed to Collector Plus.
Third-party trademarks, product names, characters, logos and other intellectual property remain the property of their respective owners.
The sale or display of third-party branded products by Collector Plus does not imply ownership of those brands or intellectual property.
You must not reproduce, distribute or commercially exploit Collector Plus-owned website content without permission, except where permitted by law.
13. THIRD-PARTY BRANDS & AFFILIATION
Collector Plus is an independent retailer and, unless expressly stated otherwise, is not affiliated with, endorsed by, sponsored by, authorised by, or acting on behalf of any manufacturer, publisher, brand owner, licensor or distributor whose products may be offered or displayed on our website.
This includes, without limitation, The Pokémon Company International, The Pokémon Company, Nintendo, Creatures Inc., GAME FREAK inc., Bandai, Bandai Namco and other respective brand owners and licensors.
All product names, trademarks, logos, characters, artwork and other intellectual property associated with third-party products remain the property of their respective owners.
References to third-party brands and products on the Collector Plus website are used for the purpose of identifying, describing and offering genuine products for sale and do not imply any official partnership, endorsement, sponsorship, distributorship or other affiliation unless expressly stated by Collector Plus.
Collector Plus does not claim ownership of any third-party trademarks, characters, artwork or other intellectual property.
14. THIRD-PARTY SERVICES AND LINKS
Our website may use or link to third-party services, websites, payment providers, shipping providers or applications.
Third-party services may be subject to their own terms and privacy policies.
Collector Plus is not responsible for the content or operation of independent third-party websites, except to the extent responsibility cannot lawfully be excluded.
15. SHOPIFY
Collector Plus uses Shopify to provide its ecommerce platform.
Purchases made through the Collector Plus store are transactions between the customer and Flavour Plus Pty Ltd trading as Collector Plus, not Shopify.
Shopify may process information relating to your use of our store in accordance with Shopify's applicable terms and privacy practices.
16. PRIVACY
Personal information collected through our Services is handled in accordance with our Privacy Policy and applicable Australian privacy laws.
Because our store is powered by Shopify and may use other service providers, personal information may also be processed by those providers where necessary to operate our store and provide the Services.
Please refer to our Privacy Policy for further information.
17. CUSTOMER REVIEWS AND FEEDBACK
If you provide a review, photograph, suggestion or other feedback to Collector Plus, you confirm that you have the right to provide that material.
Reviews and feedback must not contain unlawful, misleading, defamatory, abusive or infringing material.
We may moderate or remove content where reasonably necessary, including content that breaches these Terms or applicable law.
18. PROHIBITED USES
You must not use our website or Services:
- for unlawful or fraudulent purposes;
- to infringe intellectual property or other legal rights;
- to transmit malicious software or harmful code;
- to attempt unauthorised access to our systems;
- to interfere with the operation or security of the website;
- to scrape or systematically extract website content in breach of applicable law or our rights;
- to circumvent purchase limits or security measures; or
- to impersonate another person or provide deliberately false information.
We may restrict access to our Services where reasonably necessary to protect Collector Plus, our customers or our systems.
19. AVAILABILITY OF THE WEBSITE
We do not guarantee that our website will always be available without interruption.
Maintenance, technical faults, third-party service interruptions or circumstances outside our reasonable control may temporarily affect availability.
Nothing in this section excludes liability that cannot lawfully be excluded.
20. LIABILITY
To the maximum extent permitted by law, Collector Plus is not responsible for losses that could not reasonably have been anticipated as resulting from use of the Services.
However, nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified under Australian Consumer Law or other applicable Australian law.
Where the law prevents a particular limitation or exclusion from applying, that limitation or exclusion will apply only to the maximum extent permitted by law.
21. INDEMNITY
To the extent permitted by law, you are responsible for loss or damage suffered by Collector Plus resulting from your unlawful use of the Services or a material breach of these Terms.
Nothing in this section limits rights or liabilities that cannot lawfully be limited.
22. SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be severed or limited to the minimum extent necessary.
The remaining provisions will continue to operate.
23. WAIVER
A failure by Collector Plus to immediately exercise a right under these Terms does not constitute a waiver of that right.
24. CHANGES TO THESE TERMS
We may update these Terms from time to time.
The current version will be made available on our website.
Where required by applicable law, we will provide appropriate notice of material changes.
Changes will not retrospectively remove rights that customers already have under applicable law.
25. GOVERNING LAW
These Terms are governed by the laws applicable in New South Wales, Australia, and applicable Commonwealth laws of Australia.
Nothing in this section limits any rights a consumer may have regarding jurisdiction or dispute resolution under applicable law.
26. CONTACT INFORMATION
Questions regarding these Terms or purchases from Collector Plus can be directed to:
Collector Plus
Registered business name of Flavour Plus Pty Ltd
ABN: 87 602 887 276
Email: orders@collectorplus.com.au
Website: collectorplus.com.au
New South Wales, Australia