TERMS OF SERVICE

OVERVIEW
Welcome to Phaya Nak TCG! The terms "we", "us" and "our" refer to Phaya Nak TCG. Phaya Nak TCG operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Phaya Nak TCG is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (https://phayanaktcg.com/policies/privacy-policy). If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products in our online store. However, colors or product appearance may differ from how they appear on your screen due to your device and its settings.
All trading cards sold by Phaya Nak TCG are authentic. Single cards are graded by condition (e.g. Near Mint, Lightly Played, Moderately Played) and photographed before listing. Condition grading is our honest assessment, and minor differences in opinion may occur. Graded (slabbed) cards are sold as graded by the respective grading company, and we are not responsible for that company's grading decisions.
Trading card values fluctuate with the market. We are not responsible for any change in the value of a product after purchase.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Phaya Nak TCG reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Phaya Nak TCG confirms acceptance. We must receive and process your payment before your order is accepted.
Orders paid by PromptPay or bank transfer must be paid in full within 24 hours of placing the order, and proof of payment must be sent to us. Unpaid orders may be cancelled and the items released for sale.
Pre-order items will ship when stock arrives. Release dates are set by publishers and distributors and may change without notice; we are not responsible for such delays.
Please review your order carefully before submitting, as Phaya Nak TCG may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy (https://phayanaktcg.com/policies/refund-policy).

SECTION 4 - PRICES AND BILLING
All prices are listed in Thai Baht (THB). Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include shipping, handling, customs duties or import charges. International customers are responsible for any customs duties, taxes or fees charged by their country.
Prices in our online store may differ from prices offered on other platforms or marketplaces where we sell. We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store, and to promptly update this information so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use the payment method for the purchase, (iii) charges incurred by you will be honored by your bank or card issuer, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. We package all cards with care using sleeves, toploaders and protective mailers. Once we transfer products to the carrier, title and risk of loss passes to you, except as stated in our Refund Policy for items damaged in transit. Please see our Shipping Policy for full details.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to our brand, text, displays, product photographs, graphics, and the design, selection, and arrangement thereof, are owned by Phaya Nak TCG or its licensors and are protected by Thai and international copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services without our prior written consent. Nothing in these Terms grants you a license or other rights under any trademark, copyright, or other intellectual property of Phaya Nak TCG, Shopify or any third party. All rights not expressly granted herein are reserved by Phaya Nak TCG.
The Phaya Nak TCG name, logo and slogans are trademarks of Phaya Nak TCG. You must not use them without our prior written permission. Shopify's name, logo and related marks are trademarks of Shopify.
Pokémon, Magic: The Gathering, and all other game names, logos, and card artwork displayed on this site are trademarks and copyrights of their respective owners. Phaya Nak TCG is an independent retailer and is not affiliated with, sponsored by, or endorsed by these companies.

SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use of such tools is entirely at your own risk, and you should make sure you are familiar with and approve of the terms on which they are provided by the relevant third-party provider(s).
We may offer new features through the Services in the future. Such new features shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you choose to access them, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, or content on any third-party websites. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY
Phaya Nak TCG is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Phaya Nak TCG. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Phaya Nak TCG, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Phaya Nak TCG.

SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy (https://phayanaktcg.com/policies/privacy-policy), and certain personal information may be subject to Shopify's Privacy Policy (https://www.shopify.com/legal/privacy/app-users). By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide services to you. Please review our Privacy Policy for more details.

SECTION 11 - FEEDBACK
If you submit any ideas, suggestions, feedback, reviews, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to keep your Feedback confidential, to pay compensation for it, or to respond to it.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms.
You agree that your Feedback will not violate any third party's rights, will not contain unlawful, abusive or obscene material or malware, and will not be submitted under a false identity. You are solely responsible for any Feedback you make and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, card condition, pricing, promotions, 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 is inaccurate at any time without prior notice (including after you have submitted your order). If we cancel an order that has already been paid, you will receive a full refund.

SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to send or use any material that does not comply with these Terms; (g) to send spam or unsolicited advertising; (h) to impersonate any other person or entity; or (i) to engage in any other conduct that restricts anyone's use of the Services, or which may harm Phaya Nak TCG, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering tools, automated processes, or AI tools (such as agentic AI) to access the Services, including to purchase products in bulk; or (f) interfere with, bypass, or circumvent the security features of the Services. We reserve the right to suspend or terminate your account and cancel any orders at any time, without notice, if we determine that you have violated these Terms.

SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with section 14.4 below. No Agent may access the Services if we have requested that it refrain from doing so.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent by including "Agent/[agent name]" in the request's user agent string; (ii) not conceal or obfuscate that any access or interaction is from an Agent, such as by mimicking human behavior or completing or circumventing CAPTCHAs; (iii) respond truthfully to any question seeking to determine whether interactions are coming from a human or a computer; and (iv) not circumvent any measure intended to block, limit, or control Agent access to the Services.

SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED BY PHAYA NAK TCG (INCLUDING OUR AUTHENTICITY GUARANTEE AND REFUND POLICY), THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO CASE SHALL PHAYA NAK TCG, ITS PARTNERS, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, REPLACEMENT COSTS, OR ANY CHANGE IN THE MARKET VALUE OF PRODUCTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES. IN ANY CASE, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.

SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Phaya Nak TCG, Shopify, and their affiliates, partners, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim. We may control the defense and settlement of such claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed. This shall not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications and proposals, whether oral or written, including any prior versions of these Terms.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the laws of the Kingdom of Thailand. Any disputes arising from these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of Bangkok, Thailand.

SECTION 23 - HEADINGS
The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically. We will notify you of any material changes in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of the Services after changes are posted constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to alexandre.js.hamelet@gmail.com.

Phaya Nak TCG
Phaya Nak TCG
Email: alexandre.js.hamelet@gmail.com
Phone: 064-671-5698
Location: Bangkok, Thailand