Terms and Conditions of the AMAZINGTOYS® VIP Programme

1General

The Programme is provided by Amazing Enterprise AG, Zweierstrasse 123, 8003 Zürich, Switzerland, UID CHE-305.929.293 (“Amazing Enterprise AG” or “we”). AMAZINGTOYS® is a trademark of Amazing Enterprise AG; any reference to Amazing Enterprise AG in these Terms and Conditions also refers to AMAZINGTOYS®. In these Terms and Conditions, you are referred to as “you” or “Member”.

How to contact us: in writing to Amazing Enterprise AG, Zweierstrasse 123, 8003 Zürich, Switzerland, by email to service@amazingtoys.ch or by telephone on 043 333 22 02 during our opening hours.

Amazing Enterprise AG may, at its sole discretion, terminate, change, suspend or adjust the Programme in whole or in part (including the rewards and points, as defined below), provided that such a change does not materially impair the value of Members’ points at the time of the change. If a material impairment of the value of points is imminent, we will inform Members two months in advance by email to the address stored in their customer account at that time.

These Terms and Conditions and any amendments to them are deemed accepted if you collect or redeem points, order or use a reward or benefit from the Programme, or if you do not object within 30 days of notification. If you do not agree to amendments, you may end your membership at any time (section 15).

The online shop amazingtoys.ch, the AMAZINGTOYS® Store at Zweierstrasse 123 in Zürich and AMAZINGTOYS® trade fair and event stands participate in the Programme.

2Eligibility

Natural persons aged at least eighteen (18) years are eligible to participate. Companies, associations and other groups or legal entities are excluded from participation. The Programme is open to persons resident in Switzerland and abroad; however, we only send the physical VIP card to addresses in Switzerland and Liechtenstein (section 4). Personal and residence details must be correct and truthful and must be evidenced to Amazing Enterprise AG on request.

Amazing Enterprise AG decides whether an eligible person is granted membership. It may refuse membership to persons who do not meet the requirements of the Programme and is not obliged to give reasons for doing so.

Each person may apply for only one membership and may hold only one VIP account under their own official name. In the event of duplicate accounts, the account with the lower points balance will be deleted and its points will be transferred to the remaining account.

The Member guarantees the accuracy of all information provided, in particular full name, address and valid email address, and is solely responsible for incorrect, incomplete or outdated information. Personal data is used and shared by Amazing Enterprise AG and by trusted partners and service providers to the extent required for the Programme. For details, please see section 11 and our Privacy Policy.

Individuals, companies, associations or groups may not instruct, encourage or permit anyone to use a single VIP account or customer account to collect points or rewards for joint use.

All points and resulting rewards must be collected and used in accordance with these Terms and Conditions. Amazing Enterprise AG has the final decision as to whether an activity qualifies for points and/or rewards.

Amazing Enterprise AG does not knowingly collect personal data from persons under the age of 18 as part of the Programme.

No points are credited for fraudulent, refunded or cancelled transactions.

Loss, theft or damage of the VIP card must be reported to customer service without delay; the card will then be replaced. Amazing Enterprise AG is not liable for misuse of the VIP card or for the Member’s failure to comply with these provisions, unless this is due to wilful misconduct or gross negligence on the part of Amazing Enterprise AG.

The sale, purchase, resale, exchange or brokering of points or rewards for consideration is prohibited. Anyone who breaches this provision, including Members who use purchased or exchanged points or rewards, is liable for damages and costs of proceedings. Points and rewards have no cash value and may under no circumstances be paid out in cash or converted into gift vouchers.

3Registration

Membership is free of charge. You can sign up in two ways:

a)Online: Using your customer account on amazingtoys.ch, order the free VIP membership (0.00 CHF) via amazingtoys.ch/VIP-Programm and complete the order.

b)In store: At the till in the AMAZINGTOYS® Store. The membership is linked to your customer account at amazingtoys.ch.

To register, we need your first and last name, a valid email address and your postal address. Providing your date of birth is optional.

Each Member is solely responsible for keeping their login details confidential and is liable for all activity on their account, unless this is due to wilful misconduct or gross negligence on the part of Amazing Enterprise AG. The Member keeps their account details up to date and informs customer service without delay of any unauthorised use of their account or any other security breaches.

Membership begins upon completion of registration. If the person is already a Member, signing up again does not open a further VIP account; only one account is held per person.

4VIP account, customer account and VIP card

a)VIP account

The VIP account is where the points that a Member receives under the Programme are collected. It is linked to your customer account at amazingtoys.ch; you can see your current points balance there under “VIP points”.

b)VIP card

After registration, your digital VIP card is available in your customer account. It can be scanned directly from your smartphone at the till. In addition, we will send you a physical VIP card by post free of charge if your address is in Switzerland or Liechtenstein; please allow around one week. We do not send a physical card to addresses outside Switzerland and Liechtenstein; membership and points are not affected by this. One physical card is issued per Member. Amazing Enterprise AG reserves the right to issue only digital cards in future for environmental reasons.

c)Customer account

A customer account at amazingtoys.ch is required for participation. It serves for personal identification, for example when redeeming points or accessing your VIP account. The Member prevents misuse by not giving unauthorised third parties access to their customer account. Any suspected misuse must be reported to customer service without delay.

5Membership status and special offers

Amazing Enterprise AG reserves the right to make special rewards, offers or activities available to certain groups of Members, for example on the basis of their Programme activity (in particular points balance and history), their place of residence, their order history and product preferences, or their rewards history. The terms of such offers, such as type, scope, duration and availability, are announced together with the respective offer and may vary.

6Collecting points

Members collect loyalty points (“points”) as individuals and exclusively for their own account and can redeem them for discounts or “rewards” (section 7). Points may only be used for the purposes expressly stated in these Terms and Conditions or in the terms of a reward, offer or promotion. Points have no cash value.

The current number of points you receive per franc of purchase value and the value of a point when redeemed can be found at amazingtoys.ch/VIP-Programm. The points rates may differ depending on membership status and are adjusted as required.

You collect points from the start of your membership, and only for purchases and activities that you carry out yourself, unless otherwise stated in these Terms and Conditions or in the terms of a promotion. The points are credited to your VIP account after the purchase; depending on the payment and order status, it may take a few days before they are visible and redeemable.

You receive points for eligible purchases in the online shop amazingtoys.ch and in the AMAZINGTOYS® Store. All products and services are eligible except gift vouchers. Additional points, for example when checking in at trade fairs and events or during double-points promotions, are announced by Amazing Enterprise AG by email or online. It may also, at its sole discretion, credit bonus points for certain promotions; additional rules may apply to these.

In the store and at trade fair stands, present your VIP card at the till, either physically or digitally. Online, log in to your customer account before making a purchase. For telephone orders, provide your customer number, which is also shown on your VIP card.

Only points collected in strict compliance with these requirements are valid. The Member must not attempt to collect points in a manner that merely simulates compliance with the requirements, in particular by means of scripts, bots or other automated means. Amazing Enterprise AG may deduct unlawfully obtained points from the account.

Shipping costs are not taken into account when points are awarded. Points cannot be redeemed for the purchase of gift vouchers; however, if you pay for an eligible purchase with a gift voucher, you will receive points for it.

Amazing Enterprise AG is not responsible for rewards provided by third parties (section 16).

7Redeeming points

a)General provisions

You redeem points in the online shop amazingtoys.ch: as a discount at checkout, including partially, or for rewards in the VIP Rewards Centre. In the store, points can be collected but not redeemed. A cash payout or conversion into a gift voucher is not possible. How to redeem points.

Points cannot be redeemed in the same transaction in which they are collected, unless the terms of an offer or promotion expressly provide otherwise. Additional points cannot be purchased.

b)Rewards

Amazing Enterprise AG may offer Members benefits in exchange for a certain number of points or as a result of a certain action (“rewards”), for example discounts, products or voucher codes. The rewards currently offered and the terms that apply to them can be seen in the VIP Rewards Centre. The type and points price of rewards are determined by Amazing Enterprise AG at its sole discretion; they may change at any time and may only be available for a limited period.

Some rewards are only available in limited numbers; they are allocated in the order of redemption while stocks last. Members may not rely on particular rewards being offered permanently. The number of points required for a reward may increase, rewards may be withdrawn and restrictions may be set by Amazing Enterprise AG or by the partner providing the reward. If a redeemed reward is no longer available for any reason, Amazing Enterprise AG may replace it with a reward of comparable or higher value.

Rewards are non-transferable and may be neither exchanged nor sold; rewards transferred, exchanged or sold in breach of this provision may be withdrawn or cancelled. If the redemption of points is regularly preceded or followed by a change of address in the account, this may be regarded as abusive redemption and may lead to termination of membership. Images of rewards are for illustrative purposes only; the actual reward may differ.

8Returns, cancellations and incorrect credits

If a product is returned or an order is cancelled and the price is refunded, the points credited for it will be deducted again. If points were redeemed for the purchase, you will receive a voucher code for the redeemed amount, which you can use for a further purchase. If points were redeemed for a reward, the reward cannot be returned and the points will not be credited again, unless the terms of the reward provide otherwise.

If points have been credited to a VIP account in error, Amazing Enterprise AG may withdraw or delete them. Intentional or knowing exploitation of such an error will not be tolerated and may result in immediate termination of membership, forfeiture of all points and exclusion from future membership.

9Consequences of misuse

In the event of misuse for which the Member is responsible, Amazing Enterprise AG may terminate the membership, withdraw points or rewards, refuse to issue them or refuse their redemption.

10Validity of points

Collected points do not expire as long as your membership exists. If the membership ends (section 15), all points will be deleted. How long data relating to your account and your purchases is retained is governed by our Privacy Policy.

Collected points are not your property and have no value outside the Programme. Points are credits that Amazing Enterprise AG may withdraw as described in these Terms and Conditions. Points are not transferable, including in the event of death or between relatives.

11Personal data and data protection

Amazing Enterprise AG collects, stores and processes your personal data in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR).

Amazing Enterprise AG may make your personal data available to suppliers and service providers to the extent necessary for the operation of the Programme, for example for the administration, analysis and marketing of the Programme. In addition, it may process your data in aggregated, pseudonymised or anonymised form in order to manage, further develop and market the Programme.

Some rewards, promotions or offers are provided and administered by independent third parties for Amazing Enterprise AG. Separate data protection provisions may apply to these, for which you may be asked separately for your consent. In this case, Amazing Enterprise AG will inform you that you are leaving the AMAZINGTOYS® website. Please read the relevant terms carefully before giving your consent. Sharing content on social media likewise requires you to accept the terms of those platforms. Amazing Enterprise AG is not liable for the processing of your data by such third parties.

You can find out how Amazing Enterprise AG processes personal data and what rights you have as a data subject in our Privacy Policy. It may change from time to time; we recommend that you read it regularly.

12Audits

Amazing Enterprise AG may audit any account in the Programme at any time and without prior notice in order to ensure compliance with the Programme rules.

If discrepancies or breaches are identified in the process, the processing and use of points or rewards may be deferred until these have been resolved to our reasonable satisfaction. During such an audit and pending its outcome, Members may, at our discretion, be prevented from redeeming points or using rewards, services or benefits of the Programme.

Amazing Enterprise AG may exchange information with trusted partners and service providers or their representatives for audit purposes.

13Liability

Amazing Enterprise AG is not liable for any losses, expenses (including legal fees), accidents or inconvenience in connection with the use of points or rewards or as a result of defects or faults in rewards ordered from partners, provided that such damage is not due to wilful misconduct or gross negligence on our part and applicable law does not provide otherwise.

Lost, stolen or deleted points or rewards will not be refunded, replaced or extended.

Unless otherwise stated above and subject to applicable law, Amazing Enterprise AG is not liable for any loss or damage resulting from the termination or amendment of the Programme. Members may not claim damages on account of legally required or recommended adjustments to the Programme.

Where Amazing Enterprise AG is liable under these Terms and Conditions or applicable law, the Member’s claim is limited to the restoration of lost points or rewards; a reward may be replaced by an appropriate, comparable benefit. Any further liability is excluded to the extent that it can be excluded under applicable law.

The Programme and rewards are void where prohibited by law. Due to local laws, Amazing Enterprise AG may be unable to offer the Programme or parts of it in certain countries or to certain persons. It is not liable for complying with such laws and may in this case end a Member’s participation and cancel their points or rewards.

The Member is liable for claims by third parties, including tax authorities, arising from their membership, points or rewards.

Amazing Enterprise AG has unlimited liability for wilful misconduct and gross negligence. For slight negligence, it is liable only for the breach of obligations whose fulfilment makes the proper performance of the Programme possible in the first place and on whose observance you may regularly rely, and in this case only for foreseeable, typical damage. These limitations do not apply to damage resulting from injury to life, body or health; liability under the Swiss Product Liability Act remains unaffected.

14Programme disruptions and conduct

Amazing Enterprise AG is not responsible for interrupted, inaccessible or unavailable networks, servers, internet services, websites or other connections, for faulty, delayed or misdirected transmissions, for technical malfunctions of any kind or for the incorrect recording of data. Nor is it liable for computer, programming or printing errors or for claims arising from the crediting of unintended points or rewards; you expressly indemnify Amazing Enterprise AG against such claims.

If the Programme cannot be carried out as intended due to errors, computer viruses, tampering, unauthorised intervention, fraud, technical malfunctions or other causes beyond our control, Amazing Enterprise AG may, at its sole discretion, change, suspend or terminate it. The same applies in the event of force majeure, such as fire, flood, epidemics, earthquakes, explosion, strikes, war, terrorism, civil unrest, official orders or public health crises.

Anyone who attempts to access the Programme using bots, scripts or other abusive methods loses their eligibility to participate. Amazing Enterprise AG may, at its sole discretion, exclude from participation persons who (i) manipulate the operation of the Programme, (ii) breach these Terms and Conditions or the Terms and Conditions of amazingtoys.ch, (iii) behave in an unethical or disruptive manner, (iv) harass, insult or threaten Amazing Enterprise AG, its employees or other persons in connection with the Programme, (v) manipulate points balances or attempt to change them, (vi) generate, alter or attempt to duplicate points, or (vii) collude without authorisation with other account holders in order to gain an unfair advantage.

15Termination

a)Termination by you

You can end your VIP membership at any time by contacting our customer service by telephone or email. To identify you, we will ask you questions about your account.

Upon termination, your points will be deleted. Your data will be deleted in accordance with our Privacy Policy.

b)Termination by us

Amazing Enterprise AG may terminate the Programme, and thus your membership, subject to a notice period of two (2) months; we will inform you by email to the address stored in your customer account.

If you breach your obligations under these Terms and Conditions, Amazing Enterprise AG may terminate your membership with immediate effect after sending you a notification to the email address on file. In the event of misuse of the Programme, we are not required to give you an opportunity to remedy the breach. Further statutory rights of Amazing Enterprise AG remain reserved.

Following termination, your points will be deleted; there is no compensation for unredeemed points.

16Third-party websites and services

As part of the Programme, offers from third parties or links to third-party platforms may be provided, such as social media or rewards and advertising partners. We will inform you when you leave our website. Such websites are not under the control of Amazing Enterprise AG, which accepts no responsibility for their content, functionality, lawfulness or accuracy. Their own terms of use and privacy terms may apply; please read these before use. A link does not constitute an endorsement of the website or any association with its operators.

Some rewards or promotions under the Programme are offered or provided by third parties. Amazing Enterprise AG is not liable to you for their provision, for payments for goods or services or for any further terms, warranties or commitments in connection with these rewards or promotions. Such matters are to be resolved exclusively between you and the relevant third-party provider.

17Governing law and place of jurisdiction

These Terms and Conditions are governed exclusively by Swiss law. The place of jurisdiction is Zürich, Switzerland.

Mandatory provisions for the protection of consumers, in particular at the Member’s place of residence, remain reserved. To the extent that such provisions conflict with these Terms and Conditions, they take precedence.