Conditions d’utilisation

Effective Date: September 10, 2026

Welcome to Gloomy Games (gloomygames.ca). These Terms of Service ("Terms") govern your access to and use of our website, storefront, services, and online purchase platform (collectively, the "Services").

By accessing our website, purchasing products, or engaging with our Services, you agree to be bound by these Terms, as well as our [Shipping Policy] and [Cancellation & Refund Policy], which are incorporated herein by reference. If you do not agree to all terms and conditions, you must not access or use the website.

Section 1 – General Conditions & Eligibility

By agreeing to these Terms, you represent that you are at least the age of majority in your province, state, or territory of residence.
We reserve the right to refuse service to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or content without express written permission from Gloomy Games.

Section 2 – Online Store Terms, Pricing & Inventory

Pricing Fluctuations: Due to market conditions surrounding collectible card games and TCG products, prices for products are subject to change without notice.
Errors & Discrepancies: We reserve the right to correct any errors, inaccuracies, or omissions (including pricing, product descriptions, or inventory levels) and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after an order has been submitted).
Order Limits & Fraud Prevention: Gloomy Games reserves the right to limit product quantities per household, cancel suspected bot orders, or reject purchases flagged for potential fraud.

Section 3 – Intellectual Property

All content included on this site—such as text, graphics, logos, icons, images, digital downloads, data compilations, and software—is the exclusive property of Gloomy Games or its content suppliers and is protected by Canadian and international copyright, trademark, and intellectual property laws.

Section 4 – Prohibited Uses

In addition to other prohibitions set forth in the Terms, you are prohibited from using the site or its content:

For any unlawful or fraudulent purpose.
To solicit others to perform or participate in any unlawful acts.
To violate any international, federal, provincial, or state regulations, rules, or laws.
To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
To use automated software, bots, scrapers, or unauthorized third-party tools to purchase products or scrape website data.
To upload or transmit viruses, malware, or any code of a destructive nature.

Section 5 – Limitation of Liability & Warranty Disclaimer

"As Is" Basis: All products and services are provided "as is" and "as available" without any representation, warranties, or conditions of any kind, either express or implied.
Factory Defects: Gloomy Games is an independent retailer and does not manufacture TCG products. We are not liable for factory printing defects, packaging flaws, or missing components inside sealed manufacturer packaging.
Direct & Consequential Damages: In no case shall Gloomy Games, our directors, officers, employees, affiliates, agents, or suppliers 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, or loss of data—arising from your use of the service or products purchased.
Liability Cap: To the maximum extent permitted by applicable law, Gloomy Games' total cumulative liability shall not exceed the total dollar amount paid by the customer for the specific purchase order giving rise to the claim.

Section 6 – Indemnification

You agree to indemnify, defend, and hold harmless Gloomy Games and our affiliates, partners, officers, directors, agents, and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.

Section 7 – Governing Law & Jurisdiction

These Terms and any separate agreements shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any legal suit, action, or proceeding arising out of these Terms shall be instituted exclusively in the courts located in Ontario, Canada.

Section 8 – Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check our website periodically for changes.