Terms and Conditions

German law applies. # General Terms and Conditions ## 1. Scope of Application The following General Terms and Conditions apply to all orders placed through our online shop. Our online shop is intended for both consumers and businesses. A **consumer** is any natural person who enters into a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. A **business** is a natural person, legal entity, or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity. --- ## 2. Contractual Partner, Formation of Contract, Correction Options The purchase contract is concluded with: **Memory Card - Cards & Collectibles** The presentation of products in our online shop does not constitute a legally binding offer, but rather an invitation to customers to submit an offer. You may initially place our products in your shopping basket without obligation. Before submitting your binding order, you may correct any input errors at any time by using the correction tools provided and explained during the ordering process. By clicking the order button, you submit a legally binding offer to purchase the goods contained in your shopping basket. Confirmation of receipt of your order will be sent to you by email immediately after submitting your order. We may accept your offer within two days by: * sending a separate confirmation of acceptance by email; or * completing the payment transaction through our payment service provider or the selected payment method. The relevant time of completion of the payment transaction depends on the payment method selected (see section “Payment”). The applicable alternative shall be whichever of the above events occurs first. ### Pre-orders For pre-orders, the following additional provisions apply: The contract shall only be concluded once the goods have been delivered. A pre-order does not guarantee that the product will definitely be available. Confirmation or cancellation of a pre-order will only take place shortly before the official release date, once availability has been confirmed by our suppliers. --- ## 3. Contract Language and Storage of Contract Text The language available for the conclusion of the contract is: **German** We store the contract text and send you the order details and our General Terms and Conditions in text form. You may access the contract text through your customer account, where available. --- # 4. Delivery Conditions In addition to the stated product prices, shipping costs may apply. Further information regarding the amount of shipping costs can be found in the respective product listings. We only deliver goods by shipment. Unfortunately, collection of goods in person is not available. If delivery cannot be completed due to incorrect, incomplete, or inaccurate address information provided by the customer, the customer shall be responsible for the resulting costs. In such cases, we reserve the right to charge the customer for any return shipping costs incurred as well as any additional shipping costs required for renewed delivery. --- # 5. Payment The following payment methods are generally available in our online shop: --- ## Advance Payment (Bank Transfer) If you select payment by bank transfer in advance, we will provide our bank details in a separate email. Goods will be dispatched after receipt of payment. We will reserve your order for you, and the invoice amount must be paid within **5 working days**. --- ## PayPal and PayPal Express To pay the invoice amount via the payment service provider: **PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg** you must be registered with PayPal, authenticate yourself using your login details, and confirm the payment instruction. The payment transaction will be processed immediately after submitting the order. Further information will be provided during the ordering process. PayPal may offer additional payment methods to selected registered PayPal customers according to its own criteria. We have no influence over the availability of these payment methods. Any additional payment methods offered individually are subject solely to the contractual relationship between the customer and PayPal. Further information can be found in your PayPal account. --- ## Klarna ### Payment by Invoice and Instalment Purchase In cooperation with: **Klarna AB** Sveavägen 46 Stockholm, Sweden we offer payment by invoice and instalment purchase as payment options. Please note that Klarna invoice and Klarna instalment purchase are only available to consumers. Payments must be made directly to Klarna. --- ### Klarna Invoice When purchasing by invoice through Klarna, you will receive the goods first (except for pre-orders) and have a payment period of **14 days**. The complete terms and conditions for Klarna invoice purchases can be found directly through Klarna. --- ### Klarna Instalment Purchase Through Klarna’s financing service, you may pay your purchase in flexible monthly instalments. The minimum instalment amount is **1/24 of the total amount**, subject to a minimum payment of **€6.95**. Further information regarding Klarna instalment payments, including the applicable terms and European Standard Information on Consumer Credit, is available directly through Klarna. --- ## Amazon Pay To pay through: **Amazon Payments Europe S.C.A.** 38 Avenue J.F. Kennedy L-1855 Luxembourg you must be registered with Amazon, authenticate yourself using your login details, and confirm the payment instruction. The payment transaction will normally be processed within one banking business day after submitting the order. A banking business day means any working day excluding Saturdays, nationwide public holidays, and 24 and 31 December. Further information will be provided during the ordering process. --- ## Shopify Payments If the customer selects a payment method offered through the payment service **Shopify Payments**, payment processing is carried out by: **Stripe Payments Europe Ltd.** 1 Grand Canal Street Lower Grand Canal Dock Dublin, Ireland The payment methods available through Shopify Payments are displayed during the ordering process. Stripe may use additional payment service providers for payment processing. In such cases, the customer will be informed accordingly. Further information regarding Shopify Payments is available through Shopify. --- ## Stripe Payments Europe The processing of payment methods including: * credit card payment; * Giropay; * SOFORT bank transfer; * SEPA direct debit; is carried out in cooperation with: **Stripe Payments Europe Ltd.** c/o A&L Goodbody IFSC, North Wall Quay Dublin 1, Ireland (hereinafter “Stripe”). The seller assigns its payment claim to Stripe. Stripe will collect the invoice amount from the customer’s specified credit card or bank account. Where the payment claim has been assigned, payment to Stripe shall discharge the customer’s payment obligation. Credit card payments are charged immediately after the customer submits the order. SEPA direct debit payments are charged after the applicable processing period. Even when using Stripe payment methods, the seller remains responsible for general customer enquiries, including questions regarding: * products; * delivery times; * dispatch; * returns; * complaints; * withdrawal declarations; * refunds. # 6. Warranty and Guarantees ## 6.1 Statutory Liability for Defects The statutory liability for defects shall apply. The following limitations and shortened limitation periods shall not apply to claims arising from damages caused by us, our legal representatives, or our agents which concern: * injury to life; * bodily injury; * damage to health. They shall also not apply to claims based on intentional or grossly negligent breaches of duty, including fraudulent concealment of defects. Claims based on the breach of essential contractual obligations (so-called **cardinal obligations**), meaning obligations whose fulfilment is necessary for the proper performance of the contract and on compliance with which the contractual partner may regularly rely, shall not be subject to the aforementioned limitations or shortened limitation periods. Any claims arising from an expressly granted guarantee shall also remain unaffected. Furthermore, the limitations and shortened limitation periods shall not apply where the scope of application of the German Product Liability Act (**Produkthaftungsgesetz**) is relevant. --- ### Special Provisions for Contracts for the Supply of Goods If the customer acts as a business, the following provisions apply: For new goods, the limitation period for claims due to defects shall be **one year from the date of delivery of the goods**. The seller shall determine the type of subsequent performance (**supplementary performance/remedy**). For used goods, all rights and claims due to defects are excluded. If replacement delivery is made as part of liability for defects, the limitation period shall not begin again. --- ### Obligations of Commercial Customers For merchants within the meaning of the German Commercial Code (**Handelsgesetzbuch – HGB**), the statutory obligation to inspect goods and give notice of defects pursuant to Section 377 HGB shall apply. If the customer fails to comply with this obligation to notify defects, the delivered goods shall be deemed accepted. This shall not apply where the defect was not detectable during a proper inspection. However, this exception shall not apply if we fraudulently concealed the defect. --- ### Transport Damage If the customer acts as a consumer, they are requested to report goods showing obvious transport damage to the delivery service provider and to inform us accordingly. Failure to do so shall not affect the customer’s statutory or contractual warranty rights. --- ##Live Box Breaks and Collectible Card Products Live box breaks are excluded from warranty claims. For trading cards, particularly products with chrome or foil surfaces (for example Topps or Panini products), manufacturing-related deviations may occur. Such deviations may include, but are not limited to: * printing lines (“print lines”); * minor surface scratches; * slight pressure marks; * centring deviations (“off-centering”). These characteristics arise during the manufacturer’s production process and do not constitute a legal defect. Therefore, they do not entitle the customer to a complaint, replacement, refund, or return. Within live box breaks, cards are sold in the condition in which they are pulled (“as pulled”). No assessment or guarantee of a specific card condition (for example “Mint” or “Gem Mint”) is provided. The organiser exclusively provides the sale and opening of trading card products as part of live box breaks. Betting, gambling, or any comparable games of chance are not part of the services offered. Any private arrangements, agreements, or comparisons between participants are made entirely at their own risk and are outside the organiser’s responsibility. --- # 6.2 Guarantees and Customer Service Information regarding any additional guarantees that may apply and their specific conditions can be found in the respective product descriptions and on dedicated information pages within our online shop. ## Customer Service Our customer service team is available for questions, complaints, and notifications of defects: Monday to Friday 9:00 am – 6:00 pm by email: **[support@memorycardtcg.com](mailto:support@memorycardtcg.com)** --- # 7. (Reserved) --- # 8. Redemption of Promotional Vouchers Vouchers issued free of charge by the seller as part of promotional campaigns with a specified validity period and which cannot be purchased by customers (“Promotional Vouchers”) may only be redeemed in the seller’s online shop and only within the stated validity period. Individual products may be excluded from promotional voucher campaigns if such restrictions are stated in the voucher terms. Promotional vouchers can only be redeemed before completing the order process. A subsequent credit or adjustment after completion of the order is not possible. Multiple promotional vouchers may be redeemed in a single order. The value of the goods purchased must be at least equal to the value of the promotional voucher. Any remaining balance will not be refunded by the seller. If the value of the promotional voucher is insufficient to cover the order total, the remaining amount may be paid using another payment method offered by the seller. The balance of a promotional voucher will not be paid out in cash and will not accrue interest. Promotional vouchers may only be used by the person named on the voucher. Transfer of promotional vouchers to third parties is excluded. The seller reserves the right, but is not obliged, to verify whether the person using the voucher is legally entitled to do so. --- # 9. Redemption of Gift Vouchers ## 9.1 Gift vouchers purchased through the seller’s online shop (“Gift Vouchers”) may only be redeemed in the seller’s online shop unless otherwise stated on the voucher. ## 9.2 Gift vouchers and any remaining balance shall be valid until the end of the third calendar year following the year in which the voucher was purchased. Any remaining balance will remain credited to the customer until the expiry date. ## 9.3 Gift vouchers may only be redeemed before completion of the order process. A subsequent credit or adjustment is not possible. ## 9.4 Multiple gift vouchers may be redeemed in a single order. ## 9.5 Gift vouchers may only be used to purchase goods and may not be used to purchase additional gift vouchers. ## 9.6 If the value of the gift voucher is insufficient to cover the order total, the remaining amount may be paid using another payment method offered by the seller. ## 9.7 The balance of a gift voucher will not be paid out in cash and will not accrue interest. ## 9.8 Gift vouchers are intended exclusively for use by the person named on the voucher. Transfer of gift vouchers to third parties is excluded. The seller reserves the right, but is not obliged, to verify the entitlement of the voucher holder. --- # 10. Right of Withdrawal Consumers have a statutory right of withdrawal. The details and conditions of the withdrawal right are set out in the separate **Withdrawal Policy** provided by the seller. --- # 11. Online Dispute Resolution The European Commission provides a platform for online dispute resolution (ODR), which can be accessed through the European Commission’s official website. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. --- **End of General Terms and Conditions**