Legal notice

Terms and Conditions

Table of Contents

  1. Definitions

  2. Identity of the Business

  3. Applicability

  4. The Offer

  5. The Agreement

  6. Right of Withdrawal

  7. Costs in Case of Withdrawal

  8. Exclusion of the Right of Withdrawal

  9. Pricing

  10. Conformity and Warranty

  11. Delivery and Execution

  12. Duration Transactions: Duration, Cancellation and Renewal

  13. Payment

  14. Complaints Procedure

  15. Disputes

  16. Additional or Deviating Provisions

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

Cooling-off period: the period during which the consumer may exercise their right of withdrawal.

Consumer: a natural person acting outside the scope of a profession or business who enters into a distance contract with the entrepreneur.

Day: calendar day.

Duration transaction: a distance contract relating to a series of products and/or services where the delivery and/or purchase obligation is spread over time.

Durable medium: any tool that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction.

Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period.

Entrepreneur: the natural or legal person offering products and/or services remotely to consumers.

Distance contract: a contract concluded between the entrepreneur and the consumer within an organized system for distance selling, where exclusive use is made of one or more means of remote communication.

Means of distance communication: any method that can be used to conclude an agreement without the consumer and entrepreneur being physically present together.

Terms and Conditions: these present Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Business

EMVY TCG

Adrianahoeve 21
2742PL Waddinxveen
Netherlands

Email: info@emvy-tcg.com

Chamber of Commerce (CoC): 90936566
VAT Number: NL004856060B47

Article 3 – Applicability

These Terms and Conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated where the Terms and Conditions can be reviewed electronically and that they will be sent free of charge upon request.

If specific product or service conditions apply in addition to these Terms and Conditions, the consumer may always rely on the provision most favorable to them in case of conflicting terms.

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain fully valid.

Situations not covered by these Terms and Conditions shall be interpreted in accordance with the spirit of these Terms and Conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated.

All offers are non-binding. EMVY TCG reserves the right to modify and adjust offers.

The offer contains a complete and accurate description of the products and/or services offered. Descriptions are sufficiently detailed to allow a proper assessment by the consumer.

Images and product descriptions are intended to represent the products as accurately as possible. However, obvious errors or mistakes in the offer are not binding.

All images, specifications and information are indicative and cannot give rise to compensation or dissolution of the agreement.

Prices listed include VAT unless stated otherwise.

Article 5 – The Agreement

The agreement is concluded when the consumer accepts the offer and complies with the applicable conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt electronically.

EMVY TCG may investigate whether the consumer can meet payment obligations and may refuse orders or impose additional conditions if justified.

The entrepreneur will provide the consumer with the following information in writing or on a durable medium:

  • The business address for complaints

  • Information regarding the right of withdrawal

  • Warranty information

  • Information about after-sales service

  • Payment, delivery and execution details

All agreements are entered into subject to product availability.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to cancel the agreement within 14 days without providing any reason.

The cooling-off period starts on the day after the consumer, or a designated third party, receives the product.

During the cooling-off period, the consumer shall handle the product and packaging carefully. The product may only be unpacked or used to the extent necessary to determine its nature and characteristics.

To exercise the right of withdrawal, the consumer must notify EMVY TCG within 14 days after receiving the product by email or another clear statement.

After notification, the consumer must return the product within 14 days.

The consumer must provide proof of timely return shipment if requested.

Article 7 – Costs in Case of Withdrawal

The direct costs of returning the product are borne by the consumer unless the product arrived damaged, defective or incorrect.

If the consumer exercises the right of withdrawal, EMVY TCG will refund all payments received, including standard delivery costs, within 14 days after receiving the returned product or proof of return shipment.

Refunds will be issued using the same payment method originally used unless otherwise agreed.

Any goodwill compensation or exceptional return agreements may be issued as store credit at the discretion of EMVY TCG.

If the returned product shows damage caused by improper handling beyond what is necessary to inspect the product, the consumer may be held liable for the loss in value.

Article 8 – Exclusion of the Right of Withdrawal

The right of withdrawal may be excluded for products:

  • Made according to consumer specifications

  • Clearly personal in nature

  • That cannot be returned due to their nature

  • That deteriorate or expire quickly

  • Subject to financial market fluctuations

  • Opened audio, video or software products

  • Hygienic products with broken seals

Additionally:

Sealed trading card products with broken factory seals cannot be returned due to fraud prevention and product integrity reasons.

The right of withdrawal may also be excluded for services already started with the consumer’s explicit consent before the cooling-off period has expired.

Article 9 – Pricing

Prices will not be increased during the validity period stated in the offer unless required by changes in VAT rates or legal regulations.

All prices are subject to typographical and printing errors.

EMVY TCG is not obligated to supply products at clearly incorrect prices resulting from errors.

Article 10 – Conformity and Warranty

EMVY TCG guarantees that products and services comply with the agreement, product descriptions and reasonable standards of usability and reliability.

Any defects or incorrectly delivered products must be reported within 2 months after discovery.

The warranty does not apply if:

  • Products have been modified or repaired by the consumer or third parties

  • Products have been used improperly or negligently

  • Damage results from external circumstances or government regulations

Statutory consumer rights remain unaffected by any commercial warranty.

Article 11 – Delivery and Execution

EMVY TCG will exercise the greatest possible care when processing and fulfilling orders.

Delivery will take place at the address provided by the consumer.

Accepted orders will be processed as quickly as possible and no later than within 30 days unless a different delivery period has been agreed upon.

If delivery is delayed or an order cannot be fulfilled, the consumer will be informed promptly.

All delivery times are estimates only and do not entitle the consumer to compensation.

Orders are shipped without additional transport insurance unless otherwise explicitly agreed during checkout.

The risk of damage or loss passes to the consumer only once the order has been delivered to the consumer or a designated representative.

For highly limited or pre-order products, EMVY TCG reserves the right to refuse cancellations in cases involving abuse, automated purchasing, reseller activity or exceptional market conditions.

Article 12 – Duration Transactions: Duration, Cancellation and Renewal

The consumer may terminate agreements entered into for an indefinite period at any time with a notice period of no more than one month.

Fixed-term agreements may be terminated at the end of the agreed duration subject to a maximum notice period of one month.

Automatic renewals of fixed-term agreements are not permitted unless legally allowed.

Article 13 – Payment

Unless otherwise agreed, payments must be completed immediately during checkout or within the payment term specified.

The consumer must promptly report inaccuracies in payment information.

In the event of non-payment, EMVY TCG may charge reasonable costs permitted by law.

Article 14 – Complaints Procedure

Complaints regarding the execution of the agreement must be submitted clearly and completely within 2 months after discovery of the issue.

Complaints submitted to EMVY TCG will be answered within 14 days after receipt.

If a complaint requires more time, the consumer will receive confirmation and an estimated response time.

Consumers are encouraged to contact EMVY TCG directly before escalating complaints elsewhere.

Article 15 – Disputes

These agreements and Terms and Conditions are governed exclusively by Dutch law.

The Vienna Sales Convention (CISG) does not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions may not disadvantage the consumer and must be recorded in writing or stored in a way accessible to the consumer on a durable medium.