This website is operated by Primo Cards. Throughout the site, the terms “we”, “us” and “our” refer to Primo Cards. Primo Cards offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any expired or prior prices, discounts, coupons or sales cannot be honoured or refunded. Only current prices and valid discounts as shown at the time of purchase can be processed.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1. AMENDMENTS TO TERMS AND CONDITIONS
We reserve the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.
2. WEBSITE
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
3. LINKED SITES
This Website may contain links to other websites (Linked Sites), which are not operated by us. We have no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms and Conditions and service contained within each such site.
4. PRIVACY POLICY
Our privacy policy, which sets out how we will use your information, can be found below. By using this Website, you consent to the processing described in the privacy policy and warrant that all data provided by you is accurate.
5. PROHIBITIONS
(a) You must not misuse this Website. You will not:
(i) commit or encourage a criminal offence;
(ii) transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
(iii) hack into any aspect of the Service, corrupt data or cause annoyance to other users;
(iv) infringe upon the rights of any other person’s proprietary rights;
(v) send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
(vi) attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Breaching this provision would constitute a criminal offence and We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
(b) 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, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
6. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remain the property of We or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by us and our licensors. You may store, print and display the content supplied solely for your own 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 supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
7. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
8. DISCLAIMER OF LIABILITY
(a) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
(b) To the fullest extent permitted by law we hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites, any materials posted on those sites and any comments or representations made by us in relation to the value of player cards, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
(c) This does not affect our liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
9. LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
10. DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with We and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to We.
11. INDEMNITY
You agree to indemnify, defend and hold harmless us, our directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms and Conditions.
12. VARIATION
We must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services or any page of this Website.
13. INVALIDITY
If any part of the Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms and Conditions will not be affected and all other clauses remain in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
14. COMPLAINTS
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
15. GROUP BREAK RULES
Group Break rules vary from company to company, so it is important to verify the rules prior to entering a group break. Primo Cards follows the same set of rules for each break as below:
(a) All players cards will go to the name of the team on the player card and not the team jersey the player is pictured in.
(b) When a player card is represented by a team from the ABA, it will go to the NBA team which historically was formed from it.
(c) When a player card is represented by a USA college or High School team or a USA representative side ie: Dream Team, the player card will go to the team that player played for in the represented year or at Primo Cards discretion if unclear.
(d) All Panini ‘Rewards Points’ will be randomized among ALL participants at the end of the group break with the winner having placed 1st in the randomizer.
(e) All Charlotte Bobcats/Hornets cards will go to the current Charlotte Hornets.
(f) All New Orleans Hornets cards will go to the current New Orleans Pelicans.
(g) All Seattle Supersonics cards will go to the participant owning the Oklahoma City Thunder.
(h) All Cincinatti Royals cards will go to the participant owning the Sacramento Kings.
(i) For all times a randomised list is required, the number of times the list is randomised will be up to the discretion of Primo Cards.
(j) Members who reside in the state of Victoria are advised against participating in random draws based on the legislation and eligibility of their involvement. For more information refer to or visit: http://vcglr.vic.gov.au/
15. DELIVERY INFORMATION
Processing Time
Our break week runs from Monday-Sunday each week. If the box opening took place in this time window, then your package will be shipped within the following 10 Business Days. The time frame from time of Break to shipping will be approximately 10 Business Days. The 10 Business Day time frame is an estimate and should be treated as such — but the vast majority of time this will be the processing time needed.
You must ensure that you enter your personal and address details correctly. We will not take any responsibility for any items delivered to an incorrect address where the details have been entered incorrectly by the customer.
The shipping of breaks is a very manual and labour-intensive process. All cards need to be sorted into team stacks, hits encased, then bagged, tagged, packed, and finally shipped. Although you may have only been in one break with us during the week, please do keep in mind that we run anywhere from 15-30 breaks each week – all of which need to be sorted/packed/shipped.
Also please realise that card breaks are not an off-the-shelf product that can simply be placed in a bubble mailer and shipped out the next day after the Live Break takes place. Your patience and understanding is appreciated.
In order to offer Free Shipping to our Domestic Australian website customers, for efficiency we combine multiple break sessions into each shipping batch. If you were in multiple breaks with us during the prior week, you will receive one package with all of your cards. Additional shipping costs may apply for oversized packages.
Contact us at shipping@primocards.com.au if you have any questions regarding your parcel.
Tracking Numbers
We post via Australia Post, and have a record of all tracking numbers for all participants for security.
Packaging
All cards will be shipped in a protective sleeve and bubble mailer for maximum protection. Certain cards may be shipped with signature confirmation due to value, this is available at the request of the customer.
International Shipping
International shipping fees are charged to the customer, shipping is usually determined by the weight and size of the parcel. Additional charges may apply for oversized packages.
There are a range of options available, please contact shipping@primocards.com.au with any questions to find out what’s available to you. We are able to provide quotations.
Postage Insurance
This is available only upon request at the cost of the customer for any high value items, please get in contact for any requests.
RETURNS AND REFUNDS POLICY
Primo Cards will only agree to return and refunds in the following circumstances:
* A purchase of a spot for a group break which gets cancelled for any reason.
* An order has been processed incorrectly by Primo Cards.
In all other cases returns or refunds will be provided at the sole discretion of Primo Cards. We do not accept refunds for goods which have been incorrectly delivered or lost or damaged by Australia Post.
For returns incorrectly processed by Primo Cards, we will cover the cost of returning the incorrect item and sending you the requested item. For all other returns the shipping costs to you and the return costs are non-refundable for all orders. The cost of your items, minus shipping costs, will be refunded upon receipt of a returned item.
Any returns sent back to us without filling in our returns form will be marked ‘Return To Sender’ and will be sent back without refund or exchange. Any items not returned in original brand-new condition suitable for resale will be returned to the customer and will be ineligible for a refund or exchange
Any orders not made via Primo Card’s website (i.e. made on a third party website or platform) cannot be returned via our website.
All returns can only be refunded to the original form of payment.
PRIVACY POLICY
Primo Cards is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.
We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.
A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au
What is Personal Information and why do we collect it?
Personal Information is information that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, social media contact and phone numbers.
This Personal Information is obtained in many ways including social media correspondence @primocards via Instagram and Facebook, by telephone and facsimile, by email, and via our website www.primocards.com.au/.
We collect your Personal Information when a purchase is made from our online store, or an account is made, for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.
When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.
Sensitive Information
Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.
Sensitive information will be used by us only:
* For the primary purpose for which it was obtained
* For a secondary purpose that is directly related to the primary purpose
* With your consent; or where required or authorized by law.
How do we get your consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return of purchase, we imply that you consent to our collecting of your personal information, and using your information for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
Disclosure
We may disclose your personal information if we are required by law to do so or if you violate our terms of service.
Third Parties
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
Security of Personal Information
Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification or disclosure.
When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years for Australian Taxation purposes.
Access to your Personal Information
You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing via @primocards on Facebook and Instagram or via email @info@primocards.com.au
Primo Cards will not charge any fee for your access request. In order to protect your Personal Information we may require identification from you before releasing the requested information.
Maintaining the Quality of your Personal Information
It is important to Primo Cards that your personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate and complete so that you can access the full service we have on offer. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as possible so we can update our records and ensure we can continue to provide quality services to you.
Policy Updates
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website.
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our privacy compliance officer at:
Instagram: primocards
Facebook: primocards
Email: info@primocards.com
