1. Contract and Ordering Process

1.1 Parties

These Terms of Sale (“Terms”) form a contract between you (“you”, “your”) and 88 Games Arena (“we”, “us”, “our”), an Australian business (ABN 97 806 481 081).

1.2 Website

88 Games Arena owns and operates www.88gamesarena.com.au. By using the website, creating an account, or placing an order, you agree to these Terms, our Terms of Use, and our Privacy Policy.

1.3 Application of These Terms

By placing an order with 88 Games Arena, you agree to be bound by these Terms.

1.4 Formation of Contract

Your selection of “Buy Now” constitutes an offer to purchase goods. A binding contract is formed only when we email you confirming acceptance of your order. We reserve the right to refuse or cancel orders, including due to stock availability or pricing errors.

1.5 Record of Contract

We keep a record of these Terms and recommend that you retain a copy for your records.

1.6 Consumer Rights

Nothing in these Terms excludes, restricts, or modifies any rights you have under the Australian Consumer Law (ACL).

2. Goods

2.1 Definition of Goods

“Goods” include trading card game products, single cards, sealed products, pre-order items, card accessories, and related collectibles.

3. Pricing and Payment

3.1 Pricing

All prices are in Australian dollars and include GST where applicable. Prices may change at any time but will not affect confirmed orders.

3.2 Delivery Charges

Shipping fees, if applicable, are shown at checkout before payment is completed.

3.3 Delivery Calculations

Singles shipping applies to trading card singles orders only. Orders containing sealed products, accessories or to parcel lockers will use standard shipping rates. This is to provide customers with the best shipping prices available. 

3.4 Order Confirmation

You will receive an email confirming receipt of your order and a separate dispatch confirmation once shipped.

3.5 Pricing Errors

If an incorrect price is displayed:

• If the correct price is lower, we will charge the lower price.
• If the correct price is higher, you may proceed at the correct price or cancel for a full refund.

4. Sealed Products

4.1 Sealed Trading Card Products

Sealed products are sold as factory sealed. We do not guarantee specific card contents, pull rates, rarity distribution, or the inclusion of chase cards.

4.2 Manufacturer Variance

Manufacturing defects, collation errors, or packaging inconsistencies are the responsibility of the manufacturer and do not constitute a fault by us unless required by law.

4.3 Opened Products

Opened or tampered sealed products cannot be returned or refunded unless required under the Australian Consumer Law.

5. Single Cards

5.1 Card Condition

Single cards are sold as described at the time of sale. Trading cards may exhibit minor manufacturing imperfections such as centering issues, edge wear, surface marks, print lines, or factory defects.

5.2 Condition Disputes

Minor imperfections common to printed trading cards do not constitute a fault or major failure under the ACL unless the card was materially misdescribed.

5.3 Grading Disclaimer

We do not guarantee outcomes from third-party grading services, including PSA, BGS, CGC, or similar.

6. Pre-Orders

6.1 Release Dates

Pre-order release dates are estimates only and subject to manufacturer or distributor delays.

6.2 Supply Changes

If supply is reduced or cancelled, we may cancel affected pre-orders and provide a full refund.

Please note: Orders cannot be changed once placed, including delivery address or item selection. We do not offer refunds or exchanges for change of mind, unless required under the Australian Consumer Law.

7. Changes and Cancellations

7.1 Order Changes

Orders cannot be changed once placed, including delivery address or item selection.

7.2 Change of Mind

Unless otherwise stated, all purchases are final. We do not offer refunds or exchanges for change of mind. This does not affect your rights under the Australian Consumer Law.

8. Delivery

8.1 Shipping

We ship within Australia only. Shipping methods and fees are displayed at checkout.

8.2 Risk

Risk in the goods passes to you upon dispatch to the carrier. We are not responsible for delays, loss, or damage caused by postal or courier services, except where required by law. Tracked shipping is provided for orders.

9. Returns and Consumer Guarantees

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for any reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

10. Fraud and Misuse

We reserve the right to cancel orders, refuse service, or recover losses where we reasonably suspect fraudulent activity, chargeback abuse, or misuse of payment services.

11. Liability

11.1 Our Obligations

We will exercise reasonable care and skill, have the right to sell the goods, and comply with all applicable laws.

11.2 Limitation of Liability

To the extent permitted by law, and where goods are purchased for personal, domestic, or household use, we are not liable for loss of profits, business interruption, or indirect or consequential loss.

11.3 Non-Excludable Liability

Nothing in these Terms limits liability that cannot be excluded under law, including for fraud or serious misconduct.

12. General

12.1 These Terms

These Terms are governed by the laws of New South Wales, Australia.

12.2 Disputes

Any disputes are subject to the exclusive jurisdiction of the courts of New South Wales.

12.3 Invalid Provisions

Any invalid provision is severed without affecting the remainder of these Terms.

12.4 Updates to These Terms

We may update these Terms at any time, but changes do not affect existing orders.