General Terms and Conditions

1Applicability of the Terms

By creating a customer account, submitting an order or downloading a digital product, the customer agrees to these GTC and confirms having taken note of them. Deviating or conflicting terms of the customer are not recognised unless Amazing Enterprise AG expressly agrees to them in writing.

2Reservation of the Right to Amend

Amazing Enterprise AG reserves the right to change or adapt these General Terms and Conditions at any time without prior notice.

3Language

All legal transactions are conducted in German. If information is made available in another language in the online shop, it is non-binding. Only the information in German is authoritative.

4Prices

Prices are stated in Swiss francs (CHF). Delivery costs are not included. Prices may be changed by Amazing Enterprise AG at any time and without prior notice.

5Delivery

Shipping costs are borne by the purchaser. We ship to Switzerland, the Principality of Liechtenstein, Germany and Austria. The shipping risk passes to the customer when the goods are handed over to the shipping service provider. Delays caused by customs clearance or shipping service providers are beyond our control and do not give rise to any claim for damages or to withdrawal from the contract.

For deliveries outside Switzerland, additional taxes, import duties, customs duties and customs clearance fees may be incurred in the country of destination. Unless expressly agreed otherwise or shown otherwise during the ordering process, these costs are to be borne by the recipient and are not included in the purchase price charged by us.

6Collection and Deadlines

a)Unpaid orders: The customer is obliged to collect the ordered goods within three (3) weeks of their being made available. If the goods are not collected within this period, the order will be cancelled and the goods released for sale again.

b)Unpaid advance orders (pre-orders): The customer is obliged to pay for the ordered goods within seven (7) days of ordering. If payment is not made within this period, the order will be cancelled and the goods released for pre-sale again.

7Availability & Delivery Delays

The offers in the online shop constitute a non-binding invitation to place an order. By submitting an order, the customer makes a binding offer to conclude a purchase contract. The purchase contract is only concluded upon acceptance by Amazing Enterprise AG, either by an express order confirmation or by dispatch of the goods. Amazing Enterprise AG reserves the right to reject orders without giving reasons.

All offers are subject to change and valid only while stocks last. Should a product not be available after an order has been placed, the customer will be informed immediately. Amazing Enterprise AG reserves the right to refrain from delivery. In this case, any payment already made will be refunded. Further claims by the customer due to delivery delays or non-availability are excluded.

8Binding Nature of Product Descriptions & Errors

All product descriptions and price information are provided to the best of our knowledge but may contain errors. Amazing Enterprise AG reserves the right to correct obvious errors and to cancel orders in such cases.

9Vouchers, Discount Promotions and Promotional Offers

Vouchers, discount promotions and promotional offers apply to delivery addresses given in Switzerland or the Principality of Liechtenstein, unless stated otherwise.

10Payment Terms

All payments are made in Swiss francs (CHF). Payment for the ordered goods is generally due immediately upon conclusion of the contract.

The following payment options are offered: prepayment, bank transfer, Visa, Mastercard, American Express, Apple Pay, Google Pay, PayPal, TWINT, and invoice purchase with an instalment option (CembraPay).

CembraPay AG, as an external payment service provider, offers the “Invoice” payment method. With the single invoice, the online purchase can simply be settled by invoice. Should payment within the specified time frame be forgone, the buyer will subsequently receive a monthly invoice with an order overview in the following month.

When the purchase contract is concluded, CembraPay takes over the resulting invoice claim and handles the corresponding payment arrangements. For invoice purchases, the GTC and privacy policy of CembraPay AG are accepted in addition to the GTC of Amazing Enterprise AG.

Collection is not possible when purchasing on invoice.

Amazing Enterprise AG does not itself store any complete payment data. Payments are processed via external payment service providers. Their respective data protection provisions and terms and conditions apply to the processing. Amazing Enterprise AG accepts no liability for errors or security vulnerabilities of these service providers.

In the case of refunds, Amazing Enterprise AG reserves the right to deduct from the refund amount only payment/transaction fees actually incurred and not refunded by the payment service provider.

11Returns / Exchanges / Complaints

a)Principle

Under Swiss law, there is no statutory right of withdrawal, return or exchange. Consequently, there is in principle no right of withdrawal, return or exchange. Returns for purely subjective reasons – in particular dislike, a change of mind about the purchase or differing expectations – are excluded. In these cases there is no claim to return, exchange, credit note, price reduction or damages.

Returns of opened or used goods (in particular single cards, sealed products, video games, figures, accessories etc.) are excluded. Any return accepted as a goodwill gesture is voluntary, does not establish any legal claim and may be refused at any time without giving reasons.

b)Trading Card Game Products / Sealed Products

Trading card game products and all sealed items – in particular Booster Packs, Displays, Tins, Collection Boxes, Decks, Blisters, mystery and surprise products and comparable products – are, due to their nature, completely excluded from exchange, return and any right of withdrawal.

A return is excluded in particular as soon as the seal (e.g. original foil, seal, adhesive closure, security or authenticity features) has been opened, damaged, tampered with or removed. This applies regardless of whether all or only individual components of the product have been removed, and regardless of the value of the removed contents.

Since contents, rarities, card distribution, pull rates, the condition of the included cards and other chance- or probability-based components become known or can be influenced after opening, rescission of such products is excluded. The risk that the specific contents do not meet the customer's expectations, the market value or the customer's wishes is borne exclusively by the customer.

Product descriptions, images, card lists, pull rates, probabilities, manufacturer information and other product information are provided to the best of our knowledge on the basis of the information available at the respective time. Errors, printing and translation errors, subsequent changes by the manufacturer and production-related deviations are expressly reserved and do not give rise to any claim to return, exchange, price reduction or damages.

c)Manufacturing-Related Deviations / Product Characteristics

Sealed products and single cards are manufacturer products. Manufacturing- and production-related deviations with regard to contents, packaging, card composition, print quality, misprints, centering, cut, colouring, minimal scratches, card condition or other production-related characteristics are beyond our control. Such characteristics do not constitute a material defect within the meaning of the warranty and do not give rise to any claim to return, exchange, price reduction or damages.

d)Notice of Defects for Justified Complaints

Obvious defects, transport damage, incorrect deliveries or significant defects must be reported within forty-eight (48) hours of receipt of the goods, together with proof of purchase. The customer must immediately and fully document the condition complained of and the original packaging with photographs and keep the goods in the condition received until the examination has been completed. Later or insufficiently documented complaints cannot be considered. To the extent permitted by law, the burden of proof that a defect existed at the time of handover lies with the customer.

e)Procedure for an Approved Return

If a return is approved in an individual case, the goods must reach us within fourteen (14) days of receipt and be in their original condition, unopened, unused and undamaged. The return is at the customer's own expense and responsibility. If a return label is provided, it must be used within the specified period; if it is not used, we reserve the right to close the case after the period has expired. A refund will only be made after the goods have been successfully inspected and only in the amount of the purchase price actually paid; shipping and handling costs will not be refunded. Amazing Enterprise AG reserves the right to deduct payment/transaction fees of the payment providers actually incurred and not refunded from the refund amount.

12Retention of Title

The goods delivered remain the property of Amazing Enterprise AG until paid in full.

13PSA Grading Middleman Service

The essential information on the PSA Grading Middleman Service of Amazing Enterprise AG can be found in the Grading Guide.

Amazing Enterprise AG acts purely as an intermediary service provider and accepts no responsibility for damage, loss or other impairment of submitted cards as long as they have not physically and clearly arrived with us and been acknowledged by us.

Amazing Enterprise AG is not liable for loss, damage or delays caused by third parties – in particular by shipping service providers (e.g. DHL, FedEx, UPS) or PSA Grading (Collectors Holdings, Inc.). This applies both to shipping to PSA and to return shipping to the customer. Liability is expressly excluded unless there is demonstrably intentional or grossly negligent misconduct on the part of Amazing Enterprise AG.

The entire shipping process – both to Amazing Enterprise AG and to PSA and back – is exclusively at the customer's risk.

In the event of an incident giving rise to liability, the maximum liability of Amazing Enterprise AG is limited to the internally determined Fair Value of the affected card. The Fair Value is determined internally by Amazing Enterprise AG and is non-negotiable.

The grading result is solely at the discretion of PSA Grading. Amazing Enterprise AG accepts no responsibility or liability for the result achieved, even if it differs from the customer's assessment. The stated processing times are based on PSA's experience and are non-binding estimates – they cannot be guaranteed.

PSA reserves the right to charge so-called upcharges (additional fees based on the grading result). These upcharges must be paid in full upon collection. The cards cannot be handed back without full settlement of the outstanding amounts.

All submissions for PSA Grading must be paid in full before they are forwarded by Amazing Enterprise AG. Once payment has been received, the cards are included in the next possible bulk shipment to PSA.

Customers with questions or uncertainties are welcome to seek advice directly at the AMAZINGTOYS® Store. However, this advice is non-binding and does not replace the GTC or the Grading Guide.

By handing in cards for the PSA Grading Service, the customer confirms having fully read and accepted these General Terms and Conditions.

14Buyback / Trade-In of Trading Cards, Comics, Video Games and Collections

Amazing Enterprise AG offers customers the opportunity to offer trading cards, sealed products, comics, video games, accessories and entire collections for buyback or trade-in. The current instructions, requirements, appointments and procedures are set out under Buyback and, in addition to these GTC, form the basis for the buyback.

A buyback is only concluded once Amazing Enterprise AG has examined the items offered, made an offer and the customer has expressly accepted this offer. Until then, neither the customer nor Amazing Enterprise AG is under any obligation to conclude a buyback. Amazing Enterprise AG may reject items offered at any time without giving reasons.

The valuation is based on condition, authenticity, language, demand, resaleability, completeness, market environment and the internal assessment of Amazing Enterprise AG. Price information, estimates or guide values are non-binding as long as no specific offer has been made and accepted. Once the offer has been accepted, subsequent market price changes, differing external valuations or subsequent price expectations of the customer are excluded.

By handing over the items, the customer confirms that he or she is the lawful owner of the goods offered, is free to dispose of them and that no third-party rights exist in them. Minors may only sell or trade in items with the consent of their legal representatives. Amazing Enterprise AG is entitled to refuse the buyback or to reverse transactions already accepted in the event of suspected counterfeits, manipulation, stolen goods, unclear origin or other irregularities.

Payment is made, as agreed, in cash, as store credit or by offsetting against products. Upon acceptance of the offer and payment or crediting, ownership of the purchased items passes to Amazing Enterprise AG. The customer has no right to reclaim, repurchase or subsequently reverse the transaction.

The requirements described on the Buyback page apply to bulk cards, single cards, sealed products and collections. Items that are not accepted, cannot be sorted, are damaged, manipulated, counterfeit or excluded on the Buyback page may be rejected. Shipments by post that have not been expressly agreed are at the customer's risk and expense and may be returned unprocessed or refused.

15Customer Account & Security

The customer is obliged to keep his or her access data secure and not to grant third parties access. Amazing Enterprise AG is not liable for damage resulting from the misuse of a customer account by unauthorised third parties.

16Loyalty Programmes & Rewards

Amazing Enterprise AG may offer voluntary loyalty programmes or rewards. There is no entitlement to participation or payout. Amazing Enterprise AG reserves the right to change or discontinue programmes at any time without prior notice.

17Exclusion of Resellers

The purchase of our products is intended exclusively for private use. Commercial resale is not permitted without the express written consent of Amazing Enterprise AG.

18Liability for Third-Party Providers & Links

Our website may contain links to external third-party websites over whose content we have no influence. Amazing Enterprise AG accepts no responsibility whatsoever for the content or data protection practices of these providers. External links are used at the customer's own risk.

19Data Protection

Amazing Enterprise AG processes personal data in accordance with the applicable data protection laws and the privacy policy. Despite technical and organisational security measures, absolute security of data transmissions over the Internet cannot be guaranteed. Liability for direct or indirect damage due to unauthorised access to or loss of data is excluded.

20Limitation of Liability

To the extent permitted by law, Amazing Enterprise AG excludes all liability for the products delivered and sold.

21Right of Withdrawal for Amazing Enterprise AG

Amazing Enterprise AG reserves the right to withdraw from the contract if the customer violates these GTC or applicable law. In such a case, payments already made will be refunded less any costs or damage caused by the breach of contract.

22Exclusion of Assignment & Set-Off

The customer is not entitled to assign claims or entitlements arising from the business relationship with Amazing Enterprise AG to third parties without written consent. Setting off counterclaims of the customer against claims of Amazing Enterprise AG is excluded unless these have been established with legal force or acknowledged in writing.

23Copyright & Intellectual Property

All content on this website, including but not limited to texts, images, graphics, logos, designs, software and audiovisual elements, is the property of Amazing Enterprise AG or its licensors or the respective authors. This content is protected by law by copyright, trademark and/or other property rights.

Without the express written permission of Amazing Enterprise AG or the respective rights holder, reproduction, distribution, editing, making publicly available or any other use beyond the limits permitted by law is not permitted. This applies in particular to commercial use or use in competing offers.

Amazing Enterprise AG reserves the right to take legal action in the event of infringement of property rights, including claims for injunctive relief and damages.

24Severability Clause

Should one or more provisions of these GTC be invalid or ineffective, the validity of the remaining provisions and of these GTC as a whole shall not be affected.

25Place of Jurisdiction

Legal relationships are subject to Swiss law. The exclusive place of jurisdiction for all disputes is Zurich.