Terms of service

DJK & Associates Pty Ltd – Terms and Conditions for PSA Submission Facilitation Services and Sale of Physical Collectible Products

DJK & Associates Pty Ltd (ABN 72 638 285 408) (“DJK”, “we”, “us”, “our”) provides PSA submission-facilitation services and sells physical collectible products (including raw and graded trading cards, sealed trading card game (TCG) products, memorabilia, and related merchandise) to customers (“you”, “your”).

These Terms and Conditions govern:

• Our PSA submission-facilitation services (receiving, consolidating, preparing, and lodging your eligible collectibles with Professional Sports Authenticator (PSA), a division of Collectors Holdings, Inc., for PSA’s independent authentication, grading, encapsulation, and related services). PSA is solely responsible for its grading standards, processes, outcomes, and guarantees.
• The sale and supply of physical collectible products by us to you.

PSA is a U.S.-based entity. By engaging our services, submitting items, purchasing physical products, or making any payment, you agree to these Terms and Conditions (as amended from time to time) and acknowledge that you have reviewed and agree to PSA’s published terms, conditions, policies, fees, shipping guidelines, and financial guarantee available at psacard.com and collectors.com (collectively, “PSA Terms”). If you do not agree, do not use our services or purchase from us.

You acknowledge that our services and goods are supplied with guarantees that cannot be excluded under the Australian Consumer Law (ACL) as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth). For major failures with services, you are entitled to cancel and receive a refund for the unused portion or compensation for reduced value. For goods, if there is a major failure you may reject the goods and choose a refund or replacement (or claim compensation for reduction in value). Nothing in these Terms excludes your non-excludable consumer guarantees under the ACL. However, these Terms establish strict procedural requirements, short time limits, mandatory processes (including use of our Automated Returns System for physical product returns), evidentiary standards, and limitations that you must comply with to access any remedies. These requirements are reasonable and necessary for our business dealing in time-sensitive services and high-value speculative collectibles. Failure to comply exactly may limit or waive remedies to the maximum extent permitted by law.

These Terms have been drafted to comply with Australian legislation, including the ACL (unfair contract terms under ss 23-28), Privacy Act 1988 (Cth), Personal Property Securities Act 2009 (Cth) (PPSA), GST Act, Defamation Act 2005 (Vic), Australian Consumer Law and Fair Trading Act 2012 (Vic), and relevant Victorian dispute resolution requirements. In the event of inconsistency with PSA Terms, these Terms prevail to the extent permitted by law, with priority given to protecting DJK’s legitimate business interests while ensuring legal compliance.

These Terms (together with our Return and Refund Policy, which is incorporated by reference and forms part of these Terms) constitute the entire legally binding agreement between you and DJK for both our facilitation services and your purchase of physical products. By using our services or purchasing physical products, you confirm you have read, understood, and agree to be bound by these Terms and the Return and Refund Policy in their entirety. You represent that you have legal capacity to contract.

All data fed into Slab Tracker is sourced directly from PSA and is provided for informational purposes only; DJK makes no warranties regarding its accuracy, completeness, or timeliness beyond PSA’s own representations.

1. Nature of Our Services and Sale of Physical Products

1.1 Facilitator Role (Services). DJK acts solely as an independent aggregator and facilitator for PSA submissions. We receive items from you, consolidate where applicable, prepare them per PSA guidelines, and lodge them with PSA on your behalf. DJK does not authenticate, grade, encapsulate, value, or appraise items. All such determinations are made exclusively by PSA.

1.2 Sale of Physical Products. We sell physical collectible products directly to you. All such sales are on the terms set out in these Terms and our Return and Refund Policy. Physical products are sold “as is” and “where is”, subject only to non-excludable ACL guarantees. We make no other warranties, express or implied, regarding condition, grade, value, future performance, or fitness for any particular purpose beyond what the ACL requires.

1.3 Your Direct Agreement with PSA. By using our facilitation services, you enter into a direct contractual relationship with PSA governed by the PSA Terms. You must review and comply with PSA’s standards, fees, shipping requirements, and decisions. DJK has no control over PSA’s processes, outcomes, or guarantees (including the PSA Authenticity and Grade Guarantee, which is subject to exclusions and caps).

1.4 Independence from PSA. DJK is an authorised dealer of PSA in Australia but operates independently. We have no affiliation, agency, partnership, or control over PSA. All PSA trademarks and intellectual property remain owned by PSA/Collectors Holdings, Inc. We disclaim any liability for PSA’s actions or omissions.

1.5 No Agency or Partnership. These Terms do not create any agency, partnership, joint venture, employment, or fiduciary relationship between DJK and you, or between DJK and PSA. DJK acts as your independent contractor for facilitation services only.

1.6 Compliance with Australian Law. Our services and sales are provided in compliance with Australian laws. We will not facilitate submissions or sell items that violate Australian laws (including customs or ACL prohibitions). You are responsible for ensuring your activities comply with all applicable laws.

2. Eligibility, Submission Process (Services), and Purchasing Physical Products

2.1 Submission Requirements (Services). To use our facilitation services you must: (a) be at least 18 years old or have legal capacity; (b) complete our submission form accurately (including item descriptions, service level, and Declared Value – your good-faith estimate of potential post-grading fair market value supported by reasonable evidence); and (c) provide proof of ownership or authority if requested.

2.2 Purchasing Physical Products. Orders for physical products are placed via our website, eBay store, or other approved channels. We may accept or reject any order in our sole discretion. An order is accepted only when we issue an order confirmation or dispatch the goods. Pre-order items are subject to additional terms in clause 10 below.

2.3 Representations and Warranties. You represent and warrant that: (a) you are the legal owner or duly authorised agent; (b) items (for submission) or goods (for purchase) are free from liens, encumbrances, or third-party claims; (c) you will comply with all applicable laws and PSA eligibility criteria; (d) your Declared Value (for services) is accurate and not inflated; (e) for physical products, you have conducted your own due diligence, reviewed all descriptions and photographs, and understand that collectibles are speculative and subject to market volatility, grading subjectivity, and manufacturing variations; and (f) all information you provide is truthful and accurate. You agree to indemnify DJK for any losses arising from inaccuracies or breaches of these warranties.

2.4 PSA Adjustments and Our Rights. PSA may re-tier, re-classify, or reject items at its discretion. DJK may accept such adjustments on your behalf and invoice you for any additional fees (which you must pay promptly). We reserve the right to refuse or terminate any submission or order (for services or physical products) if we determine, in our sole discretion, that it is inaccurate, non-compliant, or not in our legitimate interests.

2.5 International and Customs. For services, DJK handles customs declarations for shipments to PSA (U.S.). You are responsible for all duties, taxes, and fees. You indemnify DJK against any penalties or costs arising from your non-compliance. For physical products we sell, you are responsible for any import duties or taxes applicable in your jurisdiction.

2.6 Banned Persons and Illicit Activity. You must not submit items or purchase on behalf of banned persons. You agree to cooperate fully with DJK and PSA to prevent fraud, counterfeiting, doctoring (altering appearance to increase grade/value, excluding normal dusting/cleaning/pressing without chemicals), trimming, or any Illicit Activity. Violations cause irreparable harm; you agree to reimburse our reasonable costs and attorneys’ fees for investigations or proceedings. DJK may permanently ban you for suspected Illicit Activity or violations.

2.7 Ongoing Due Diligence. You must notify us immediately (within 3 days) of any change in key personnel, address, ownership, or control, and provide information or evidence of compliance on request (including credit checks). Failure allows us to terminate services or refuse orders.

3. Service Levels, Declared Value, Insurance, and Risk (Services)

3.1 Declared Value. Your Declared Value determines PSA pricing tier, insurance considerations, and our limited liability. It is not a valuation or guarantee. If we or PSA determine it is understated, we may adjust to a higher service level (“Adjusted Fee”) and charge you accordingly. You authorise us to charge your payment method for Adjusted Fees up to AUD $3,000 per order without notice; over that amount we will notify you and you have 10 days to request a second review. Misdeclaration may result in rejection, return at your cost, or termination.

3.2 Insurance and Risk Transfer (Services). Unless confirmed in writing, no insurance is provided by DJK beyond the limited liability in clause 11. Risk of loss or damage remains with you until we accept delivery at our premises. Risk transfers to us until handover to a carrier for PSA shipment, then reverts to you upon return shipment or collection notification. PSA assumes risk only while items are in its possession. You must adequately insure items while in your possession or transit.

3.3 Duty of Care (Services). You must package, handle, and deliver items to us in strict compliance with our and PSA’s instructions. Violations are material breaches.

4. Turnaround Times and Delays

All timelines are estimates only and not guaranteed. Neither DJK nor PSA is liable for delays (including loss of opportunity or value), subject to ACL non-excludable rights.

5. Eligible Items, Condition, and PSA Determinations (Services)

PSA is the sole arbiter of eligibility, authenticity, condition, and grade in its sole judgment. We make no representations about outcomes. Do not submit altered, counterfeit, ineligible, or illegal items. Full fees apply even for rejected items. PSA’s financial guarantee is between you and PSA only; we have no involvement or liability. You accept PSA grades and agree not to make negative or disparaging comments about them or our services. Violations allow us to terminate and seek remedies.

6. Packing, Shipping, and Custody (Services)

You are responsible for secure packing and shipping to us per carrier requirements, PSA guidelines, and Australian law. Inadequate packing may result in handling fees or return at your cost and risk. We use reputable carriers for consolidated shipments to PSA and authorise us to handle customs forms. Upon PSA completion, we notify you for collection or shipping instructions. Items must be collected/shipped promptly after full payment. Unclaimed items after 180 days may be deemed abandoned (see clause 15). You must inspect returned items promptly and notify us in writing of any DJK-attributable issues within 5 business days (or as otherwise required). Failure to do so constitutes acceptance.

7. Standards of Operation

You, your employees, representatives, and agents must provide prompt, courteous service and must not (orally, in writing, online, or on social media) discredit, disparage, defame, or injure DJK’s or PSA’s reputation. Violations are material breaches entitling us to terminate and seek injunctions and damages.

8. Fees, Payments, Taxes, and Adjustments

Fees (facilitation, PSA, shipping, insurance if any, taxes, duties, and other charges) must be paid before item release or delivery of physical products. You authorise us to charge your stored payment method for adjustments after reasonable notice. Unpaid amounts are a material breach. We may exercise lien rights, withhold delivery or release of items/goods, charge interest at 10% p.a. (or maximum legal rate) calculated daily, and pursue all remedies including sale or disposal of items/goods to recover amounts owing (principal, interest, costs, and expenses). GST is payable in addition where applicable per the GST Act. Fees are reasonable and proportionate.

9. Cancellations and Refunds (Services)

You may cancel a submission only before we lodge with PSA. Incurred costs (e.g. shipping) are non-refundable. No cancellation or refund after lodgement. Refunds for major failures are available only as required by the ACL and per our Return and Refund Policy. All other refunds are at our sole discretion.

10. Additional Terms for Sale and Purchase of Physical Collectible Products

10.1 Pre-Order Items. Orders for pre-order items are binding and non-cancellable once placed and confirmed. Payment is due per our invoice or terms. No refunds, cancellations, returns, or chargebacks are permitted for change of mind, release delays, allocation changes, manufacturer variations, print run differences, or any other reason, except where you prove a major failure under the ACL with timely, documented evidence strictly in accordance with these Terms and our Return and Refund Policy. Pre-order purchases are final and at your risk. If we cannot fulfil a pre-order due to circumstances beyond our reasonable control, we may (at our sole discretion) offer a full refund, store credit, or equivalent substitute product; no other compensation or consequential damages will be payable.

10.2 Pricing, Payment, and Acceptance. Prices are as quoted at the time of order (subject to change for pre-orders or errors). We may accept or reject any order. Title to physical products passes to you only upon full payment and our dispatch (or delivery if we retain possession until paid). We retain a security interest (including purchase money security interest under PPSA) in all physical products supplied until paid in full. You authorise us to register our interest on the PPSR and waive any right to receive verification statements. If payment is not made when due, we may withhold delivery, exercise lien rights, recover the goods, or sell or dispose of them to recover all amounts owing (including interest and costs) without further notice beyond initial demand.

10.3 Delivery, Risk, and Title. Unless otherwise agreed in writing, risk of loss, damage, or theft in respect of physical products passes to you upon our dispatch to the carrier. We are not liable for loss or damage in transit after dispatch. Delivery times are estimates only. You are responsible for providing accurate delivery details and for any failed delivery charges.

10.4 Condition, “As Is” Sale, and Specific Disclaimers. All physical products are sold “as is” and “where is”, subject only to non-excludable ACL guarantees. Minor cosmetic variations, print lines, centering tolerances within industry/PSA norms, factory sealing variations, and minor transit-related dents or creases common to the product category do not constitute defects or non-conformity.

(a) Graded Collectibles: Sold strictly on the basis of the independent third-party certification (e.g. PSA). The assigned grade, sub-grades, and qualifiers are opinions only. We do not warrant accuracy, consistency, or that the item would receive the same or any particular grade on re-submission or cracking/re-slab. No returns, refunds, or compensation for dissatisfaction with grade, eye appeal, centering, surface quality, or any grading-related matter. Any grading dispute must be pursued directly with the grading service.

(b) Sealed Products: Sold in the sealed packaging and condition received from the manufacturer or distributor. We do not open, weigh, scan, or verify contents. Random collation, print runs, and pull rates are inherent to sealed product and not guaranteed. No claims for “light” or “heavy” boxes, suspected mapping, collation, or specific card content will be accepted. Returns for suspected tampering require clear, timestamped photographic evidence of disturbed manufacturer tamper-evident seals or security features taken on delivery day.

You acknowledge the speculative nature of collectibles, that values fluctuate, and that past performance or stated conditions do not guarantee future value or satisfaction. You have relied solely on your own inspection of descriptions and photographs (where provided) and not on any other representation.

10.5 Inspection and Acceptance of Physical Products. You must inspect all physical products immediately upon delivery (ideally with timestamped photographs or videos of packaging and contents). Any visible defects, damage, non-conformity, or discrepancy must be notified to us exclusively via our Automated Returns System (or email if the system is temporarily unavailable) with clear supporting evidence within 48 hours of delivery. Latent or hidden defects must be notified within 7 business days of discovery, with evidence of when and how discovered. Failure to notify strictly within these timeframes and via the required method constitutes unconditional acceptance of the goods in their delivered condition and a complete waiver of any claim (including under the ACL) to the maximum extent permitted by law. You must retain the goods in the condition received and make them available for our inspection. We are not liable for any issues arising after delivery (including from your storage, handling, humidity, temperature, sunlight, third-party authentication/grading, or attempted repairs).

10.6 Returns and Refunds for Physical Products. All returns, refunds, cancellations, or exchanges for physical products (whether for change of mind, alleged defect, or otherwise) are governed exclusively by our current Return and Refund Policy (incorporated by reference). That Policy requires (among other strict requirements) use of our Automated Returns System, short time windows, strict original condition for change-of-mind returns, payment of return shipping by you, and application of a restocking fee (typically 20% or minimum flat fee). You agree to the terms of the Return and Refund Policy by purchasing physical products. No other returns or remedies are available except where mandatorily required by the ACL for a proven major failure.

10.7 Liability for Physical Products. Subject to the ACL and any liability that cannot be excluded, our total aggregate liability for any claim arising out of or in connection with physical products is limited to the purchase price actually paid by you for the specific item(s) giving rise to the claim. To the maximum extent permitted by law, we exclude liability for indirect, incidental, special, consequential, or punitive damages (including loss of profits, loss of opportunity, diminution in value after delivery, costs of alternative purchases, or reputational harm), and for any loss arising from market volatility, grading variances, manufacturer changes, post-delivery issues, or factors outside our reasonable control. These limitations apply even if we have been advised of the possibility of such losses.

11. Risk Allocation, Limited Liability, and Disclaimers (Services and General)

While in our custody for services, we exercise reasonable care per industry standards and ACL due care guarantees. Subject to the ACL, our liability for loss or damage caused solely by our negligence in services is limited to the lesser of: (a) Declared Value; or (b) AUD $1,000 per item. No liability outside our custody (e.g. with carriers or PSA). For lost/stolen/damaged items in our control, compensation is limited to the lesser of change in fair market value or Declared Value. Total liability across all claims is capped at fees paid for the relevant submission or purchase price paid for the relevant physical products. We exclude liability for indirect/consequential losses, PSA outcomes (including subjective grading judgments), shipping damage after dispatch, force majeure, and your breaches. No warranties beyond ACL guarantees. These limitations are fair, reasonable, and protect our legitimate interests as a small business without being unfair under the ACL.

12. Inspection and Claims (Services)

Inspect returned items immediately. Notify us in writing of any DJK-attributable issues within 10 business days (or shorter periods specified elsewhere). Failure to notify waives claims unless the issue was undiscoverable. PSA claims must be raised directly with PSA per PSA Terms (e.g. their time windows).

13. Intellectual Property, Data, and Images

We may photograph items for records and grant ourselves a non-exclusive, royalty-free licence for internal purposes. PSA may use data per PSA Terms. You retain ownership of your items and purchased goods; we claim no ownership rights in them.

14. Privacy and Data Protection

We handle personal information per the Privacy Act 1988 (Cth) and our privacy policy. You consent to collection, use, and disclosure (including international transfer to the U.S. for PSA) with reasonable safeguards. We take reasonable steps to protect data but disclaim liability for breaches beyond our control, subject to ACL.

15. Indemnity

You indemnify and hold harmless DJK, its directors, officers, employees, and affiliates against all losses, claims, damages, liabilities, costs, and expenses (including reasonable legal fees on a solicitor-client basis) arising from or in connection with: (a) your breaches of these Terms or the Return and Refund Policy; (b) prohibited, altered, or Illicit Activity items; (c) third-party claims (including ownership disputes or false claims about condition/grade/authenticity of goods); (d) your negligence or misconduct; (e) misdeclarations or inaccuracies causing costs or penalties; (f) chargebacks or payment reversals on final sales or pre-order items where no ACL major failure exists; (g) tampering with goods or packaging; or (h) false or unsupported claims under the Return and Refund Policy. This indemnity survives termination and does not apply to the extent losses are caused by our proven negligence or wilful misconduct.

16. Security Interest, Lien, Remedies for Non-Payment, and Abandonment

We retain a possessory lien and PPSA security interest over all items submitted for facilitation services and all physical products supplied (until paid in full) to secure every amount you owe us (fees, Adjusted Fees, interest, costs, etc.). You grant the interest and authorise registration on the PPSR; you waive verification statements. If any amount remains unpaid after notice and the applicable period (e.g. 14–30 days depending on context), we may immediately hold, withhold delivery/release, sell, or dispose of the items/goods (conducting any sale reasonably) to recover all outstanding amounts (principal, interest, storage, recovery costs, and expenses), with no further liability to you. Uncollected or unclaimed items/goods after 180 days (or other period we notify) may be deemed abandoned and may be sold or disposed of to recover costs, subject to applicable uncollected goods laws (notice periods based on value). You agree to assist with perfection and enforcement of our security interests.

17. Termination

Either party may terminate for material breach (14 days’ notice to cure where curable). We may terminate immediately for non-payment, prohibited items, Illicit Activity, legal non-compliance, suspected fraud, or any other reason in our sole discretion. Upon termination you must pay all outstanding amounts; we may exercise all remedies (including lien, sale, or disposal). Surviving clauses (indemnity, liability, privacy, non-disparagement, lien rights, etc.) continue in full force.

18. Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control (pandemics, strikes, government actions, natural disasters, supply chain disruptions, carrier or PSA issues, etc.). We will notify you and mitigate reasonably.

19. Non-Disparagement and Reputational Protection

You agree not to make false, misleading, or defamatory statements about DJK, our services, our physical products, or PSA (including on social media or in reviews). This does not restrict truthful statements or ACL-protected consumer reviews made in good faith. We agree reciprocally. Breaches are material and entitle us to damages and injunctive relief. This clause complies with the Defamation Act 2005 (Vic).

20. Use of Dealer Number (if applicable)

If we assign you a dealer number, you are fully responsible for all actions under it. You must designate authorised agents in writing and bear full responsibility for their conduct.

21. Dispute Resolution

Notify any dispute in writing within 30 business days (or shorter periods specified for returns/claims) of becoming aware. Negotiate in good faith for 14 days. If unresolved, refer to mediation in Victoria (Law Institute of Victoria rules; costs shared). If mediation fails, proceedings may be commenced in Victorian courts (non-exclusive jurisdiction). Nothing prevents urgent injunctive relief. You must continue undisputed obligations during the process. This process aligns with ACL and Victorian requirements and contains no unfair barriers.

22. Governing Law and Jurisdiction

These Terms are governed by the laws of Victoria and the Commonwealth of Australia. The parties submit to the non-exclusive jurisdiction of Victorian courts.

23. Amendments

We may amend these Terms at any time by posting updates or providing notice. Amendments apply to future submissions, orders, and interactions from the effective date. Continued use or new orders constitutes acceptance. Amendments will not introduce unfair terms under the ACL.

24. Miscellaneous

Invalid provisions are severed; the remainder continues. These Terms (including the incorporated Return and Refund Policy) supersede all prior understandings. Waivers must be in writing. We may assign these Terms; you may not without our consent. Notices are in writing via email or post and deemed received per the Electronic Transactions Act 1999 (Cth). You consent to electronic communications. Each party bears its own costs unless otherwise stated. If any term is deemed unfair under the ACL, it will be read down or severed to the minimum extent necessary to preserve fairness while protecting our legitimate interests (e.g. liability limits for business sustainability). These Terms may be executed electronically.

25. Contact and Inquiries

For all questions, disputes, notices, or returns: Use the contact details in the preamble or our Automated Returns System (for physical product returns).

26. Risk and Responsibility Summary

This summary is for convenience only and does not replace the full Terms or the Return and Refund Policy. In case of inconsistency, the numbered clauses and Return and Refund Policy prevail.

You (Customer) are responsible for:

• Accurate declarations, descriptions, and Declared Values (services); conducting your own due diligence on physical products (reviewing descriptions/photos, understanding speculative/grading/sealed nature and variations).
• Secure packing and shipping to us (services); providing accurate delivery details (goods).
• Timely full payment; authorising charges for adjustments.
• Strict compliance with all processes, time limits, and the Return and Refund Policy (including mandatory use of Automated Returns System for physical product returns, short inspection windows, and condition requirements).
• Cooperation against Illicit Activity; not dealing with banned persons.
• Not making disparaging statements.
• Direct PSA claims for grading/guarantee issues.
• Accepting pre-order items as final and non-refundable (except proven ACL major failure with strict process).
• Bearing risk on dispatch (goods) or after our handover to carrier (services); insuring where desired.
• Indemnifying us for breaches, false claims, chargebacks, tampering, and related costs.

DJK is responsible for:

• Reasonable care while items are in our custody for services.
• Facilitation only (no responsibility for PSA grading, outcomes, or guarantees).
• Processing eligible refunds/returns strictly per the Return and Refund Policy and ACL (with strict procedural requirements).
• Limited liability as capped (services: lesser of Declared Value or $1,000/item or fees paid; goods: purchase price paid for the item).
• Right to adjust fees, refuse orders/submissions, terminate, enforce liens/security interests, sell or dispose of unpaid/abandoned items/goods, and protect our legitimate interests (including via strong disclaimers, short time bars, and “sole discretion” rights).
• Complying with ACL non-excludable guarantees while maximising procedural protections.

PSA and other third parties (carriers, manufacturers): PSA is solely responsible for grading, authenticity, and its guarantees (per PSA Terms; direct claims only). We and PSA disclaim shipping liability after dispatch/handover. Manufacturing defects in sealed product are limited. You deal with carriers/insurers directly for post-dispatch transit issues.

By using our services or purchasing physical products from us, you confirm you have read, understood, and agree to be bound by these Terms and Conditions and the incorporated Return and Refund Policy in their entirety.