Terms of service

GENERAL TERMS AND CONDITIONS

for distance purchase agreements concluded through the online store https://www.cardyx.sk/

I.

Basic Provisions

These general terms and conditions for distance purchase agreements concluded through the online store https://www.cardyx.sk/ (hereinafter referred to as the “Terms and Conditions”) have been drawn up in accordance with the provisions of Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), as well as Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Supplements to Certain Acts (hereinafter referred to as the “Consumer Protection Act”).

Seller:

CardyX spol. s.r.o.

Hraničná 18957/28

821 05 Bratislava – Ružinov city district

Company ID No.: 55894712

Tax ID No.: 2122126336

VAT ID No.: SK2122126336

Commercial Register of the Bratislava III Municipal Court, Section: Sro, Insert No. 174091/B

• Telephone contact: +421910339819

• Email: info@cardyx.sk, cardyxofficial@gmail.com

(hereinafter referred to as the “Seller”)

These Terms and Conditions govern the mutual rights and obligations between the Trader and the customer-consumer through the web interface located on the website available at https://www.cardyx.sk/ (hereinafter referred to as the “Online Store”).

The provisions of the Terms and Conditions form an integral part of the purchase agreement. Different arrangements in the purchase agreement shall take precedence over the provisions of these Terms and Conditions.

These Terms and Conditions and the purchase agreement are concluded in the Slovak language.

II.

Customer

1. For the purposes of these Terms and Conditions, a Customer means: a natural person (consumer) who, in connection with a consumer agreement, an obligation arising therefrom, or a commercial practice, does not act within the scope of his or her business activity or profession.

2. The Customer’s basic obligation before ordering goods is to thoroughly acquaint himself or herself with these Terms and Conditions, which become binding upon the Customer by ordering goods or services. The Terms and Conditions govern the rights and obligations of the contracting parties arising from the purchase agreement concluded between the Customer and the Trader.

III.

Information on Goods and Prices

1. Information on the goods, including the prices of individual goods and their main characteristics, is provided for the individual goods in the Online Store catalogue. The prices of the goods are stated including all related fees and the costs of returning the goods, if such goods, by their nature, cannot be returned by post. The prices of the goods remain valid for as long as they are displayed in the Online Store.

2. All presentations of goods placed in the Online Store catalogue are for information purposes only, and the Trader is not obliged to conclude a purchase agreement regarding such goods.

3. Goods offered under the designation “Mystery Box” shall mean 7 pieces of pre-unspecified packs of collectible cards and 1 collectible card, including the box in which the packs and the card will be sent. The Trader hereby informs the Customer in advance that the contents of the box are not known in advance [RH1], and by paying the purchase price the Customer agrees to this form of sale, whereby, by purchasing the Mystery Box, the Customer purchases packs of collectible cards and a collectible card that have not been specified in advance by the Trader (regardless of the specific collectible pack), which will be contained in an opaque sealed box.

4. Information on the costs associated with packaging and delivery of the goods is published in the Online Store. The information on the costs associated with packaging and delivery of the goods stated in the Online Store applies only where the goods are delivered within the territory of the Slovak Republic.

5. Any discounts on the purchase price of the goods may not be combined with one another unless otherwise agreed between the Trader and the Customer.

III.

Order and Conclusion of the Purchase Agreement

1. The costs incurred by the Customer when using means of distance communication in connection with the conclusion of the purchase agreement (internet connection costs, telephone call costs) shall be borne by the Customer. These costs do not differ from the basic rate.

2. The Customer places an order for goods in the following ways:

• through his or her customer account, following prior registration in the Online Store;

• by completing the order form without registration.

3. When placing an order, the Customer selects the goods, the quantity of the goods, and the method of payment and delivery.

4. Before submitting the order, the Customer is given the opportunity to check and change the data entered in the order. The Customer submits the order to the seller by clicking the button “Submit order with obligation to pay”. The data stated in the order are considered correct by the Trader. A condition for the validity of the order is the completion of all mandatory data in the order form and the Customer’s confirmation that he or she has acquainted himself or herself with these Terms and Conditions.

5. Immediately after receiving the order, the Trader shall send the Customer confirmation of receipt of the order to the email address provided by the Customer when placing the order. This confirmation is automatic and is not considered to constitute conclusion of the agreement. The Trader’s current Terms and Conditions are attached to the confirmation. The purchase agreement is concluded only after the order has been accepted by the Trader. Notice of acceptance of the order is delivered to the Customer’s email address.

6. If the Trader is unable to fulfil any of the requirements stated in the order, the Trader shall send an amended offer to the Customer’s email address. The amended offer shall be considered a new proposal for a purchase agreement, and in such case the purchase agreement is concluded upon the Customer’s confirmation of acceptance of this offer sent to the seller at the seller’s email address stated in these Terms and Conditions.

7. All orders accepted by the Trader are binding. The Customer may cancel an order until the notice of acceptance of the order by the Trader has been delivered to the Customer. The Customer may cancel the order by telephone at the telephone number or by email at the Trader’s email address stated in these Terms and Conditions.

8. If an obvious technical error has occurred on the Trader’s side when stating the price of the goods in the Online Store or during the ordering process, the Trader is not obliged to deliver the goods to the Customer at such an obviously incorrect price, even if the Customer has been sent an automatic confirmation of receipt of the order pursuant to these Terms and Conditions. The Trader shall inform the Customer of the error without undue delay and shall send an amended offer to the Customer’s email address. The amended offer shall be considered a new proposal for a purchase agreement, and in such case the purchase agreement is concluded by confirmation of acceptance by the Customer sent to the Trader’s email address.

9. A Pre-order is an order for goods that have not yet been placed on the market but which, based on information from third parties, will probably be stocked in the future. The delivery date, price, package contents, and specifications of such goods are indicative only and may change without prior notice. The creation of an order by the Customer for goods marked as a Pre-order is considered only to create a reservation for the product and does not result in a purchase agreement between the Trader and the Customer. In the case of Pre-orders, the Trader reserves the right to change the price, delivery date, or characteristics of the product for our market. The Trader considers the Order [RH2] binding only after the price and contents of the Pre-order have been confirmed by email or telephone on the date on which the product is placed on our market.

IV.

Customer Account

1. Based on the Customer’s registration in the Online Store, the Customer may access his or her customer account. The Customer may order goods through the customer account. The Customer may also order goods without registration.

2. When registering for a customer account and when ordering goods, the Customer is obliged to provide all data correctly and truthfully. The Customer is obliged to update the data stated in the user account whenever any change occurs. The data provided by the Customer in the customer account and when ordering goods are considered correct by the Trader.

3. Access to the customer account is secured by a username and password. The Customer is obliged to maintain confidentiality regarding the information required to access the customer account. The Trader shall not be liable for any misuse of the customer account by third parties.

4. The Customer is not entitled to allow third parties to use the customer account.

5. The Trader may cancel the user account, in particular if the Customer does not use the user account for a longer period or if the Customer breaches his or her obligations under the purchase agreement or these Terms and Conditions.

6. The Customer acknowledges that the user account may not be continuously available, in particular due to necessary maintenance of the Trader’s hardware and software equipment or necessary maintenance of third parties’ hardware and software equipment.

V.

Payment Terms and Delivery of Goods

1. The Customer may pay the price of the goods and any costs associated with delivery of the goods under the purchase agreement in the following ways:

a. by online card payment – in this case, payment is made through the Stripe payment gateway and is governed by the terms and conditions of that payment gateway;

b. cash on delivery – in this case, payment is made upon delivery of the goods against handover of the goods. In the case of cash on delivery, the purchase price is due upon receipt of the goods;

c. in cash upon personal collection – goods may be paid for in cash if collected at the Trader’s premises. In the case of cash payment upon personal collection, the total price is due upon receipt of the goods.

2. Together with the purchase price, the Customer is obliged to pay the seller the agreed costs associated with packaging and delivery of the goods. Unless expressly stated otherwise below, the purchase price shall also mean the costs associated with delivery of the goods.

3. In the case of cash payment, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 7 days of conclusion of the purchase agreement.

4. In the case of non-cash payment, the Customer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Trader’s bank account.

5. The Trader does not require any deposit or other similar payment from the Customer in advance. Payment of the purchase price before dispatch of the goods is not a deposit.

6. Pursuant to the Act on the Registration of Sales, the Trader is obliged to issue a receipt to the Customer. At the same time, the Trader is obliged to register the received revenue online with the tax administrator or, in the event of a technical outage, no later than within 48 hours.

7. Delivery of the goods to the Customer:

• to the address specified by the Customer in the order;

• to a Packeta collection point;

• by personal collection at the Trader’s premises – in the case of personal collection at the premises, the Trader shall always inform the Customer of the possibility of collecting the goods by email communication from the Trader’s email address cardyxofficial@gmail.com or info@cardyx.sk;

• delivery through the transport companies Slovenská pošta and Packeta.

8. The delivery method is selected when ordering the goods.

9. The costs of delivery of the goods, depending on the selected method of dispatch and receipt of the goods, are stated in the Customer’s order and in the Trader’s order confirmation. If the method of transport is agreed based on a special request by the Customer, the Customer bears the risk and any additional costs associated with that method of transport.

10. If, under the purchase agreement, the Trader is obliged to deliver the goods to a place specified by the Customer in the order, the Customer is obliged to accept the goods upon delivery. If, for reasons on the Customer’s side, the goods must be delivered repeatedly or in a manner other than that stated in the order, the Customer is obliged to pay the costs associated with repeated delivery of the goods or the costs associated with another method of delivery.

11. Upon receipt of the goods from the carrier, the Customer is obliged to inspect the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without delay. If damage to the packaging is found that indicates unauthorised access to the consignment, the Customer does not have to accept the consignment from the carrier.

12. The Trader shall issue a tax document – an invoice – to the Customer. The tax document shall be sent to the Customer’s email address or, where applicable, enclosed with the delivered goods.

13. The Customer acquires ownership of the goods upon payment of the full purchase price for the goods, including delivery costs, but no earlier than upon receipt of the goods. Liability for accidental destruction, damage, or loss of the goods passes to the Customer upon receipt of the goods or at the moment when the Customer was obliged to accept the goods but failed to do so in breach of the purchase agreement.

VI.

Withdrawal from the Agreement

1. If the purchase agreement is concluded at a distance (through the Online Store) or outside the Trader’s business premises, and provided that the Trader has duly and timely provided the Customer with information on the right to withdraw from the purchase agreement, the conditions, period, and procedure for exercising the right to withdraw from the purchase agreement, including the withdrawal form, and provided that the facts required by law are fulfilled, the Customer has the right under the Consumer Protection Act governing distance sales to withdraw from the purchase agreement without giving any reason and without any penalty.

2. The period for withdrawal from the agreement is 14 days from the date of receipt of the goods. The Customer is entitled to withdraw from a distance agreement whose subject matter is the delivery of goods even before this period begins to run.

3. The Customer acknowledges that, in accordance with Section 19(1) of the Consumer Protection Act, the Customer may not withdraw from an agreement whose subject matter is:

a. the provision of a service, if the service has been fully provided and the provision of the service began before expiry of the withdrawal period with the Customer’s express consent, and the Customer declared that he or she had been duly instructed that, by expressing consent, he or she loses the right to withdraw from the agreement after the service has been fully provided, if the Customer is obliged under the agreement to pay the price;

b. the delivery or provision of a product whose price depends on fluctuations in the financial market that the Trader cannot control and that may occur during the withdrawal period;

c. the delivery of goods manufactured according to the Customer’s specifications or custom-made goods, or the delivery of goods that are liable to deteriorate or perish rapidly;

d. the delivery of goods sealed in protective packaging that are not suitable for return for reasons of health protection or hygiene, if the protective packaging was broken after delivery;

e. the delivery of goods which, by their nature, may after delivery become inseparably mixed with other goods;

f. the delivery of alcoholic beverages whose price was agreed at the time of conclusion of the agreement, where delivery can take place no earlier than after 30 days and their price depends on market fluctuations that the Trader cannot control;

g. the performance of urgent repairs or maintenance during a visit to the Customer, which the Customer expressly requested from the seller; this shall not apply to an agreement whose subject matter is the provision of a service other than repair or maintenance or to an agreement whose subject matter is the delivery of goods other than a spare part necessary to perform the repair or maintenance, if the agreements were concluded during the seller’s visit to the Customer and the Customer did not order such goods or services in advance;

h. the delivery of audio recordings, video recordings, audiovisual recordings, or software in protective packaging that was broken after delivery;

i. the delivery of periodicals, except for delivery under a subscription agreement;

j. goods purchased at a public auction;

k. the provision of accommodation services for a purpose other than housing, transport of goods, car rental, catering services, or services related to leisure activities, if under the agreement the Trader is to provide these services at a precisely agreed time or within a precisely agreed period;

l. the delivery of digital content supplied by the Trader otherwise than on a tangible medium, if:

i. delivery of the digital content has begun; and

ii. the Customer expressly consented to commencement of delivery of the digital content before expiry of the withdrawal period, declared that he or she had been duly instructed that by expressing consent he or she loses the right to withdraw from the agreement once delivery of the digital content begins, and the Trader provided the Customer with confirmation pursuant to Section 17(12)(b) or Section 17(13)(b) of Act No. 108/2024 Coll., if the Customer is obliged under the agreement to pay the price.

4. To withdraw from the purchase agreement, the Customer may use the model withdrawal form provided by the Trader [RH3]. The Customer shall send the withdrawal from the purchase agreement to the Trader’s email address or delivery address stated in these Terms and Conditions. The Trader shall confirm receipt of the form to the Customer without delay.

5. Immediately after receipt of the notice of withdrawal from the agreement, the Trader is obliged to provide the Customer with confirmation of its receipt on a durable medium if the Customer withdrew from the agreement using the withdrawal form available in the Trader’s online interface.

6. Within 14 days from the date of withdrawal from the distance agreement concluded through the Online Store pursuant to the provisions above, the Customer is obliged to send the goods back or hand the goods over to the Trader or to a person designated by the Trader to receive the goods; this shall not apply if the Trader offers to collect the goods personally or through a person designated by the Trader. The period under the first sentence shall be deemed observed if the Customer sends the goods to the Trader no later than on the last day of the period.

7. When withdrawing from a distance agreement concluded through the Online Store, the Customer bears the costs of returning the goods to the Trader or to a person designated by the Trader to receive the goods; this shall not apply if the Trader agreed to bear the costs itself.

8. Within 14 days from the date of receipt of the notice of withdrawal from the agreement, the Trader is obliged to return to the Customer all payments received from the Customer under or in connection with the distance agreement concluded through the Online Store or an ancillary agreement, including the costs of transport, delivery, postage, and other costs and fees.

9. If the Customer has not withdrawn from the entire distance agreement concluded through the Online Store, the Trader is obliged to return to the Customer all payments pursuant to paragraph 7 of this Article to the extent corresponding to the withdrawal from the agreement. The Trader may not charge the Customer any additional costs for transport, delivery, postage, or other costs and fees.

10. The Trader is not obliged to reimburse the Customer for additional costs if the Customer expressly selected a delivery method other than the least expensive standard delivery method offered by the Trader. Additional costs mean the difference between the delivery costs selected by the consumer and the costs of the least expensive standard delivery method offered by the Trader.

11. In the case of withdrawal from a distance agreement concluded through the Online Store whose subject matter is the delivery of goods, the Trader is not obliged to return payments to the Customer pursuant to paragraph 7 of this Article before the goods have been delivered back to the Trader or until the Customer proves that the goods have been sent back to the Trader, unless the Trader offers to collect the goods personally or through a person designated by the Trader.

12. The Trader is obliged to return payments to the Customer pursuant to paragraph 7 of this Article using the same payment method used by the Customer; this shall not affect the Trader’s right to agree with the Customer on another method of payment, provided that the Customer is not charged any fees in connection with the payment.

13. The Customer is obliged to return the goods to the Trader undamaged, unworn, and clean, and only in the original, undamaged packaging; otherwise, the Customer shall be liable to the Trader for the damage incurred pursuant to the relevant provisions on general liability for damage. The Trader is entitled to unilaterally set off a claim for compensation for damage caused to the goods against the Customer’s claim for reimbursement of the purchase price.

14. With regard to the return of Mystery Box goods, the Trader expressly informs the Customer that, by paying the purchase price for this box, the Customer agreed to purchase unspecified goods in the form of a Mystery Box and, in the event of withdrawal from the agreement, these goods must be returned only as a whole, provided they are complete and contain all components sent in the box – i.e. their entire originally sent contents, the full number of cards and packs in undamaged packaging and an undamaged original box, undamaged, unworn, and clean.

15. The Trader is entitled to withdraw from the purchase agreement due to goods being sold out, goods being unavailable, or where the manufacturer, importer, or supplier of the goods has discontinued production or import of the goods. The Trader shall immediately inform the Customer through the email address stated in the order and, within 14 days of notice of withdrawal from the purchase agreement, return all funds, including delivery costs, received from the Customer under the agreement, using the same method by which the Customer paid for the goods/services.

VII.

Complaints

1. Complaints, warranties, and warranty conditions are governed by the Complaints Procedure, which forms Annex No. 1 to these Terms and Conditions.

VIII.

Delivery of Correspondence

1. The Trader and the Customer are entitled to deliver all mutual written correspondence by electronic mail.

2. The Customer shall deliver correspondence to the Trader at the email address stated in these Terms and Conditions. The Trader shall deliver correspondence to the Customer at the email address stated in the Customer’s customer account or order.

IX.

Personal Data Protection

1. The provisions concerning the conditions for processing and protecting personal data are set out in the Privacy Policy available at https://www.cardyx.sk/policies/privacy-policy.

X.

Submission of Suggestions and Complaints

1. The Customer is entitled to submit suggestions and complaints in writing by email to cardyxofficial@gmail.com or info@cardyx.sk. We will inform you of the assessment of the suggestion or complaint by email sent to your email address.

2. The supervisory authority is: Slovak Trade Inspection (SOI), SOI Inspectorate for the Bratislava Region, registered office: Bajkalská 21/A, P. O. BOX No. 5, 820 07 Bratislava, telephone No. 02/58 27 21 72. If you are not satisfied with the handling of your suggestion or complaint, you may also submit a request to carry out an inspection electronically through the platform available at https://www.soi.sk/sk/Podavanie-podnetov-staznosti-navrhov-a-ziadosti.soi.

3. The Customer also has the right to initiate out-of-court dispute resolution through: European Consumer Centre Slovak Republic, registered office at Mlynské nivy 44/A, 827 15 Bratislava 212, Slovak Republic, website: https://www.europskyspotrebitel.sk/, which is the contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online resolution of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).

4. The Trader is authorised to sell goods on the basis of a trade licence. Trade licensing inspections are carried out within the scope of their competence by the competent trade licensing authority. Within the defined scope, the Slovak Trade Inspection supervises, among other things, compliance with the Consumer Protection Act and the Act on Consumer Protection in Distance Selling.

XI.

Final Provision

1. The legal relationship between the Trader and the Customer is governed by the legal order of the Slovak Republic. If the legal relationship established by the purchase agreement contains an international element, the parties agree that their legal relationship shall be governed by the law of the Slovak Republic. This shall not affect the consumer’s rights arising from generally binding legal regulations.

2. The Trader is not bound in relation to the Customer by any codes of conduct within the meaning of Section 2(1)(l) of the Consumer Protection Act.

3. All rights to the Trader’s website, in particular copyright in the content, including the page layout, photographs, films, graphics, trademarks, logo, and other content and elements, belong to the Trader. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the Trader’s consent.

4. The Trader shall not be liable for errors caused by third-party interference with the Online Store or by its use contrary to its intended purpose. When using the Online Store, the Customer may not use procedures that could have an adverse effect on its operation and may not carry out any activity that could enable the Customer or third parties to interfere with or make unauthorised use of the software or other components forming the Online Store, or use the Online Store, any part thereof, or its software in a manner contrary to its intended purpose or function.

5. The Trader may amend or supplement the wording of the Terms and Conditions. This provision shall not affect rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

6. The annexes to the Terms and Conditions are:

a. the Complaints Procedure;

b. the model withdrawal form;

c. the model complaint form.

These Terms and Conditions enter into force on 1 July 2024.

COMPLAINTS PROCEDURE

CardyX spol. s r. o.

Trader:

CardyX spol. s.r.o.

Hraničná 18957/28

821 05 Bratislava – Ružinov city district

Company ID No.: 55894712

Tax ID No.: 2122126336

VAT ID No.: SK2122126336

Commercial Register of the Bratislava III Municipal Court, Section: Sro, Insert No. 174091/B

• Telephone contact: +421910339819

• Email: info@cardyx.sk, cardyxofficial@gmail.com

(hereinafter referred to as the “Trader”)

I.

Introductory Provisions

1. By this Complaints Procedure, in accordance with Section 5(1)(f) to (h) of Act No. 108/2024 Coll. on Consumer Protection (hereinafter referred to as the “Consumer Protection Act”), the Trader duly informs the consumer (also referred to as the “Customer”) of the conditions and method for exercising rights arising from liability for defects (also referred to as a “Complaint”), including information on where a Complaint may be lodged and on the performance of warranty repairs.

2. This Complaints Procedure is issued in accordance with Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), the Consumer Protection Act, as well as other generally binding legal regulations of the Slovak Republic.

3. This Complaints Procedure forms an integral part of the Trader’s Terms and Conditions for purchase agreements for purchase agreements concluded at a distance through the Online Store https://www.cardyx.sk/ (hereinafter referred to as the “Terms and Conditions”), available at https://www.cardyx.sk/policies/terms-of-service.

4. This Complaints Procedure is published in accordance with the provisions on the Trader’s website https://www.cardyx.sk/policies/terms-of-service.

II.

Liability for Defects in Sold Goods

1. The Trader shall be liable for defects that the sold item has at the time of delivery and that become apparent within two years of delivery of the item (Section 619(1) of the Civil Code, Section 613(2) and (3) of the Civil Code); this also applies to an item with digital elements involving a one-off supply of digital content or a digital service. The statutory warranty period is 24 months from delivery of the goods (Section 619(1) of the Civil Code). If the subject matter of the purchase is an item with digital elements for which the Trader is to supply digital content or provide a digital service continuously for the agreed period, the Trader shall be liable for any defect in the digital content or digital service that occurs or becomes apparent throughout the entire agreed period, but for at least two years from delivery of the item with digital elements (Section 619(2) of the Civil Code, Section 613(4) of the Civil Code).

2. In the case of used items, the Trader shall be liable for defects that the sold item has at the time of delivery and that become apparent within one year of delivery (Section 619(1) and (3) of the Civil Code).

3. The Trader shall be liable for a defect caused by incorrect assembly or installation of the item, digital content, or digital service if (i) the assembly or installation formed part of the purchase agreement and was carried out by the Trader or under its responsibility, or (ii) assembly or installation that was to be carried out by the Customer was performed incorrectly by the Customer due to deficiencies in the assembly or installation instructions provided by the Trader or the supplier of the digital content or digital service (Section 619(4) of the Civil Code).

4. The Trader shall not be liable for a defect in an item with digital elements caused exclusively by failure to install an update pursuant to Section 617(3) of the Civil Code, if the Customer failed to install the update within a reasonable time after it was supplied and (i) the Trader informed the buyer of the availability of the update and the consequences of failure to install it, and (ii) the failure to install or incorrect installation of the update by the Customer was not caused by deficiencies in the installation instructions provided (Section 619(5) of the Civil Code).

5. The Trader may provide the Customer with a consumer warranty whereby it undertakes to refund the purchase price to the buyer, replace or repair the sold item, or ensure its maintenance beyond the scope of rights arising from statutory liability for defects. The Customer has the right to demand performance under the consumer warranty subject to the conditions stated in the warranty certificate or in related advertising available at the time of conclusion of the purchase agreement or before its conclusion (Section 626(5) of the Civil Code), while the buyer’s rights arising from liability for defects under Section 621 of the Civil Code shall not be affected by such consumer warranty.

6. Warranty periods begin to run upon delivery of the item. The item is delivered at the moment when it is received by the Customer or a person designated by the Customer, or when the Trader hands it over to a carrier commissioned by the Customer outside the transport options offered to the buyer by the Trader. If the item requires assembly or installation by the Seller, the item shall be considered delivered only upon completion of the assembly or installation. An item with digital elements shall be considered delivered when the relevant digital content or digital service is made available to the buyer for download and installation or, in the case of continuous supply of digital content or provision of a digital service during the agreed period, when it begins to be made available to the buyer.

7. The period from notification of the defect until completion of the repair shall not be included in the warranty period. The Trader is obliged to issue the acquirer with confirmation of when the right was exercised, as well as confirmation of performance of the repair and its duration (Section 505(2) of the Civil Code).

8. If, when goods are purchased, the Trader offers the Customer additional goods free of charge as a gift, it is up to the Customer whether to accept the offered gift. However, the gift is not sold goods, and therefore the Trader is not liable for any defects in it. If, however, the Trader is aware of any defects in the gift, it is obliged to inform the Customer thereof when offering the gift (Section 629 of the Civil Code). If the gift has defects of which the Trader did not inform the Customer, the Customer is entitled to return it (Section 629 of the Civil Code). If the Customer becomes entitled to withdraw from the agreement (refund), the Customer is obliged to return to the Seller everything received under the agreement, i.e. also the goods received as a gift (Section 457 of the Civil Code in conjunction with Section 48(2) of the Civil Code).

9. The Trader shall not be liable for defects in sold goods caused by:

a) use of the goods under conditions inconsistent with the nature of the goods or, as applicable, with the relevant documentation for the goods;

b) mechanical damage to the goods occurring after receipt by the Customer;

c) improper handling of the goods;

d) wear and tear or excessive use of the item;

e) modification of the goods;

f) natural events.

10. The Trader shall further not be liable for:

a) incorrect numbers of cards in packs or their composition;

b) damage to individual cards in packs and products;

c) damage to any components inside the product that clearly occurred during the manufacturing process of the goods or part thereof.

III.

Exercise of Rights Arising from Liability for Defects in Sold Goods (Goods Complaints)

1. The Customer may notify a defect in a sold item at any of the Trader’s business premises or to another person of whom the Trader informed the Customer before conclusion of the agreement or before submission of the order, or by means of distance communication at the address of the seller’s registered office or place of business or at another address of which the Trader informed the buyer at the time of conclusion of the agreement or after its conclusion (Section 622(1) of the Civil Code).

2. The Customer may exercise rights arising from liability for defects, including the right to withhold payment of the purchase price or part thereof until the Trader fulfils its obligations arising from liability for defects, only if the Customer notified the defect within two months of discovering it and no later than before expiry of the period pursuant to Article IV, paragraphs 1 to 3 of this Complaints Procedure (the warranty period). The Customer has the right to withhold payment of the purchase price or part thereof under the preceding sentence only if the Customer is not itself in default with payment of the purchase price or part thereof at the time the defect is notified, and the Customer shall pay the purchase price without undue delay after the Trader fulfils its obligations (Section 621(2) and (3) of the Civil Code).

3. The Customer has the right against the Trader to reimbursement of reasonably incurred costs arising in connection with notification of a defect for which the Trader is liable and exercise of rights arising from liability for the defect. The Customer must exercise the right under the preceding sentence with the Seller no later than within two months of delivery of the repaired or replacement item, payment of a price reduction, or reimbursement of the price following withdrawal from the agreement; otherwise the right shall lapse.

4. The Trader or an employee authorised by the Trader shall provide the Customer with written confirmation of notification of the defect immediately after the Customer notifies the defect. In the confirmation of notification of the defect, the Trader shall state a reasonable period within which the defect will be remedied. The period notified under the preceding sentence may not exceed 30 days from the date on which the defect was notified, unless a longer period is justified by an objective reason beyond the Trader’s control (Section 622(3) of the Civil Code). If the Trader denies liability for defects, it shall notify the Customer in writing of the reasons for the denial. If the Customer proves the seller’s liability for the defect by an expert report or professional opinion issued by an accredited person, authorised person, or notified person, the Customer may notify the defect repeatedly and the Trader may not deny liability for the defect; in such case, the procedure under the first sentence of this paragraph shall not apply to the repeated notification of the defect (Section 622(4) of the Civil Code).

5. If the Trader’s liability for the defect is established pursuant to paragraph 5 above, the Customer has the right to claim from the Trader reimbursement of the costs associated with the expert report and professional opinion no later than within two months of delivery of the repaired or replacement item, payment of a price reduction, or reimbursement of the price following withdrawal from the agreement; otherwise the right shall lapse.

6. Written confirmation of notification of a defect means a copy of the complaint report. If the Customer lodged the Complaint by means of distance communication, the Trader is obliged to deliver confirmation of lodgement of the Complaint to the Customer without undue delay by email, if the Customer’s email address is known to the Trader.

7. If the Customer asks about the method of handling the Complaint, the Trader shall provide information on the method and status of the Complaint itself or through an authorised service centre.

8. When lodging a Complaint:

• the Complaint must be registered through the electronic form (which is an annex to the Terms and Conditions);

• a photograph of the goods showing the claimed defect in the goods must be taken;

• the completed form together with the above photograph must be sent to any of the Trader’s email addresses stated in this Complaints Procedure or the Terms and Conditions, or to the address of its registered office.

9. The Trader shall notify the Customer of the resolution of the Complaint, together with all information concerning the resolution of the Complaint, by email sent to the Customer’s email address.

IV.

Method of Handling Complaints

1. The Customer has the right to choose remedy of the defect by replacement of the item or repair of the item. The Customer may not choose a method of remedying the defect that is impossible or that, compared with the other method of remedying the defect, would cause the Trader disproportionate costs in view of all circumstances, in particular the value the item would have without the defect, the seriousness of the defect, and whether the other method of remedying the defect would cause the buyer significant inconvenience (Section 623(1) of the Civil Code).

2. The Trader may refuse to remedy the defect if neither repair nor replacement is possible or if they would require disproportionate costs in view of all circumstances, including the circumstances under paragraph 1 of this Article of the Complaints Procedure.

3. The Trader shall repair or replace the item within 48 hours, but no later than within 30 days after the Customer notified the defect, free of charge, at its own expense, and without causing serious inconvenience to the buyer, taking into account the nature of the item and the purpose for which the Customer required the item. The costs of taking over the item for repair or replacement, as well as the costs of delivery of the repaired item or replacement item, shall be borne by the Trader. When remedying a defect by replacing the item, the Trader shall not be entitled to compensation for damage caused by normal wear and tear of the item or remuneration for normal use of the item before its replacement.

4. The Trader shall deliver the repaired item or replacement item to the buyer in the same or a similar manner as the Customer delivered the defective item, unless the parties agree otherwise. If the Customer fails to take over the item within six months from the date on which he or she should have taken it over, the Trader may sell the item. If the item is of greater value, the Trader shall notify the buyer in advance of the intended sale and provide a reasonable additional period for taking over the item. Immediately after the sale, the Trader shall pay the buyer the proceeds from the sale of the item after deducting the costs reasonably incurred for its storage and sale, provided that the Customer exercises the right to a share of the proceeds within a reasonable period stated by the Trader in the notice of the intended sale of the item. The Trader may destroy the item at its own expense if it could not be sold or if the expected proceeds from the sale would not be sufficient even to cover the costs reasonably incurred by the Trader for storage of the item and the costs that the Trader would necessarily have to incur for its sale (Section 623(5) of the Civil Code).

5. When remedying the defect, the Trader shall ensure removal of the item and installation of the repaired item or replacement item if replacement or repair requires removal of the defective item that was installed in accordance with its nature and purpose before the defect became apparent. The Trader and the Customer may agree that removal of the item and installation of the repaired or replacement item will be arranged by the Customer at the seller’s expense and risk (Section 623(6) of the Civil Code).

6. The Customer has the right to a reasonable reduction in the purchase price or may withdraw from the purchase agreement even without providing an additional reasonable period if:

• the Trader failed to repair or replace the item;

• the Trader failed to repair or replace the item in accordance with Section 623(4) and (6) of the Civil Code;

• the Trader refused to remedy the defect because neither repair nor replacement is possible or because they would require disproportionate costs in view of all circumstances;

• the item has the same defect despite repair or replacement of the item;

• the defect is of such a serious nature that it justifies an immediate reduction in the purchase price or withdrawal from the purchase agreement; or

• the Trader declared, or it is apparent from the circumstances, that it will not remedy the defect within a reasonable period or without causing serious inconvenience to the buyer.

7. The Customer may not withdraw from the purchase agreement pursuant to paragraph 6 of this Article of the Complaints Procedure if the Customer contributed to the occurrence of the defect or if the defect is negligible. The burden of proving that the Customer contributed to the occurrence of the defect and that the defect is negligible shall lie with the Trader.

8. If the agreement concerns the purchase of several items, the Customer may withdraw from it only in relation to the defective item. The Customer may withdraw from the agreement in relation to the other items only if it cannot reasonably be expected that the Customer would be interested in retaining the other items without the defective item.

9. Following withdrawal from the agreement or part thereof, the Customer shall return the item to the seller at the seller’s expense. The Trader shall arrange removal of an item that was installed in accordance with its nature and purpose before the defect became apparent. If the Trader fails to remove the item within a reasonable period, the Customer may arrange removal and delivery of the item to the seller at the seller’s expense and risk. Following withdrawal from the agreement, the Trader shall refund the purchase price to the buyer no later than within 14 days from the date on which the item is returned to the seller or after proof that the Customer sent the item to the seller, whichever occurs first. The Trader shall refund the purchase price to the buyer or pay the price reduction using the same method used by the Customer to pay the purchase price, unless the Customer expressly agrees to another payment method. All costs associated with the payment shall be borne by the Trader. The Trader shall not be entitled to compensation for damage caused by normal wear and tear of the item or remuneration for normal use of the item before withdrawal from the purchase agreement.

10. If gifts are provided with the goods (including goods supplied for a symbolic value if their supply to the Customer is presented as a gift with goods that the Customer may return within 14 days without giving a reason), the Customer is obliged to return the related gifts together with the returned goods. If these gifts are not returned together with the returned goods, such gifts shall be regarded at their market value as unjust enrichment of the Customer. This paragraph shall not apply to a gift in the form of electronic content.

11. With regard to a Complaint concerning a Mystery Box product, the Trader informs the Customer that it is not possible to request delivery of a specific collectible edition of the cards and packs sent, because before the purchase the Customer was expressly informed by the Trader and notified within the Terms and Conditions that these are unspecified cards and packs sent in an opaque sealed box.

V.

Alternative Dispute Resolution

1. If a dispute arises between the Customer and the Trader from the exercise of rights arising from liability for defects, or if the Customer believes that the Trader has infringed other rights of the buyer, the Customer has the right to contact the Trader with a request for remedy. If the Trader or a designated person authorised to assess defects responds negatively to the buyer’s request under the preceding sentence, it shall inform the buyer on a durable medium of the relevant alternative dispute resolution entities. If the Trader or a designated person authorised to assess defects responds negatively to the Customer’s request under the first sentence of this paragraph or fails to respond to such request within 30 days from the date on which it was sent by the Customer, the Customer has the right to submit a proposal to initiate alternative dispute resolution pursuant to Section 12 of Act No. 391/2015 Coll. on Alternative Resolution of Consumer Disputes and on Amendments and Supplements to Certain Acts, as amended; this shall not affect the possibility of applying to a court.

2. The competent entity for alternative resolution of consumer disputes with the Trader is the Slovak Trade Inspection or another competent authorised legal person entered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list is available at http://www.mhsr.sk/); the Customer has the right to choose which of the stated alternative dispute resolution entities to contact. The Customer may use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr/ to submit a proposal for alternative resolution of a consumer dispute.

VI.

Final Provisions

1. This Complaints Procedure enters into force on 1 July 2024.

2. The Trader reserves the right to amend this Complaints Procedure without prior notice.

Annex No. 2 to the Terms and Conditions

FORM FOR WITHDRAWAL FROM A DISTANCE AGREEMENT AND AN AGREEMENT CONCLUDED OUTSIDE THE TRADER’S BUSINESS PREMISES

pursuant to Annex No. 2 to Act No. 108/2024 Coll. on Consumer Protection

(Complete and send this form only if you wish to withdraw from a distance agreement or an agreement concluded outside the Trader’s business premises.)

To:

I/We* hereby give notice that I/we* withdraw from the agreement for the delivery or provision of the following product: ..............

Date ordered/date received*: ..............

Name and surname of consumer(s)*: ..............

Address of consumer(s)*: ..............

Signature of consumer(s)* (only if this form is submitted in paper form): ..............

Date: ..............

* Delete as appropriate

Annex No. 3

Addressee:

LODGING A COMPLAINT

Title, first name and surname:

Residential address:

Email address:

Order and invoice number:

Order date:

Date of receipt of goods:

Goods subject to the Complaint (name and code):

Description and extent of defects in the goods:

As a Customer of the Seller, I request that my Complaint be resolved in the following manner:

I wish to receive a refund to the following bank account (IBAN)/by another method:

Attachments:

Date:

Signature:

[RH1] Who does not know it in advance

[RH2] Determine whether “Order” is correctly stated here or whether it should be “Pre-order”

[RH3] How is it provided?