Terms of service
TERMS OF SERVICE
Last updated: 17 July 2026
This website is operated by Out of Action. Throughout these terms, “we”, “us” and “our” refer to Out of Action.
By accessing our website, creating an account or placing an order, you agree to these Terms of Service and our other published policies.
Nothing in these terms excludes, restricts or modifies any right or remedy that cannot legally be excluded, including rights under the Australian Consumer Law.
Products and descriptions
We make reasonable efforts to ensure that product descriptions, photographs, prices and availability are accurate.
Colours and appearance may vary depending on lighting, photography and screen settings.
Where a stock image is used for a trading card, the card supplied will be the card, set and variation described in the product listing. Ordinary manufacturing differences may occur.
Card condition assessments are opinions based on commonly accepted trading-card standards. We do not guarantee that a card will receive a particular grade from a professional grading company.
Orders
Submitting an order constitutes an offer to purchase the selected products.
An automated order confirmation acknowledges that we have received your order. We reserve the right to decline, hold or cancel an order where:
- payment cannot be verified;
- an item is unavailable;
- product or pricing information contains an obvious error;
- the delivery address is incomplete or incompatible with the selected service;
- we reasonably suspect fraud or unlawful activity; or
- fulfilling the order would breach a law or supplier restriction.
If we cancel a paid order, the affected amount will be refunded to the original payment method.
Product availability
Products are subject to availability.
Adding a product to your cart does not reserve it. Stock is allocated once checkout has been completed and payment has been accepted.
Occasionally, a product may be unavailable because of an inventory error, simultaneous purchases, supplier allocation or damage discovered while packing.
Where we cannot supply an ordered product, we will contact you and offer an appropriate remedy, which may include a replacement with your agreement or a refund.
Prices and payments
Unless otherwise stated, prices are displayed in Australian dollars.
GST is included where applicable. Delivery charges are shown separately during checkout.
Payments are processed through the payment options displayed at checkout, which may include Shopify Payments, PayPal or other payment providers.
We do not generally receive or store complete payment-card details.
Discount codes
Discount codes must be entered before checkout is completed and cannot generally be applied retrospectively.
Discounts may be subject to:
- expiry dates;
- minimum order values;
- product exclusions;
- customer eligibility requirements; and
- limits on combination with other offers.
Consumer rights continue to apply to discounted and sale products.
Customer information
Customers must provide complete and accurate contact, billing and delivery information.
You are responsible for checking your delivery address before completing checkout and contacting us promptly if an error is discovered.
We cannot guarantee that an address can be changed after an order has been packed or dispatched.
Prohibited use
You must not use this website:
- for unlawful or fraudulent purposes;
- to interfere with the website’s security or operation;
- to introduce malicious software;
- to impersonate another person;
- to collect data without permission;
- to make fraudulent payment disputes or chargebacks; or
- to infringe another party’s intellectual property rights.
Intellectual property
Out of Action branding, original photographs, graphics and written website content are owned by or licensed to Out of Action unless stated otherwise.
Trading-card names, game names, characters, logos and associated intellectual property belong to their respective owners.
Out of Action is an independent retailer and is not affiliated with or endorsed by The Pokémon Company, Nintendo, Wizards of the Coast or other intellectual-property owners unless expressly stated.
Third-party services
Our website uses services supplied by third parties, including Shopify, payment providers and delivery carriers.
Use of those services may also be subject to the provider’s terms and privacy policies.
We are not responsible for the content or availability of independent third-party websites that we do not control.
Liability
To the maximum extent permitted by law, Out of Action is not responsible for indirect or consequential losses that were not reasonably foreseeable.
Nothing in these terms excludes or limits liability that cannot legally be excluded or limited under Australian law.
Governing law
These terms are governed by the laws of Western Australia and applicable Commonwealth laws of Australia.
Changes to these terms
We may update these terms to reflect changes to our store, services, suppliers or legal obligations.
The current version will be displayed on our website with its most recent update date.
Contact
Out of Action
Email: support@outofaction.com.au
Website: outofaction.com.au
Location: Western Australia, Australia
ABN: 61 337 932 849