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General Terms of Sale - CGV

Last updated on 13.01.2021

1. General framework

1.1 It is previously specified that these conditions govern the sales and competition of all products from the Mighty Games Sàrl online store on our website www.mightygames.ch and that you can contact us by email at contact@mightygames.ch

1.2 These conditions apply to the exclusion of all other conditions, including those in effect for sales in physical stores open to the public.

1.3 These terms and conditions of sale (hereinafter CGV) are concluded between Mighty Games Sàrl below, referred to as the "seller" registered in the register of trade in the canton of Vaud (Switzerland), and on the other hand, the following individuals or legal entities referred to as "the customer or buyer" wishing to make a purchase via our website.

1.4 All services and deliveries made on the basis of the products of our website are governed by these CGVs.

When ordering, the buyer acknowledges that they have been read, understood and accepted without reservation.

Accordingly, the buyer, who wishes to order online, acknowledges that he is fully informed that his agreement regarding the content of these terms and conditions does not require the handwritten signature of this document.

1.5 The seller does not accept any diverging conditions on the part of the buyer and reserves the right to amend the present terms and conditions of sale at any time by publishing, without delay, a new version. Any order placed after the publication of a new version is worth accepting the latter.

2. Creating a customer account on our website

2.1 The buyer must register and open a personal account in order to place an order.

2.2 It ensures the accuracy of the data provided at the time of registration, if there is an error in the wording of its contact information, the seller could not be held responsible for the inability to deliver the ordered products.

2.3 In the event of a change of address or any other change, the buyer undertakes to update his personal data as soon as possible.

2.4 The buyer undertakes to keep the password chosen at the time of registration strictly confidential and not to disclose it to any third party. He takes full responsibility for using his password and all orders that are placed, even without his knowledge, using this password.

2.5 The buyer must be of age. Minor children must obtain parental permission and notify the seller. Persons under guardianship must require the consent of their guardian or guardianship authority.

2.6 For a legal entity, documents attesting to it will be required, the final registration will have to be submitted to the seller's agreement.

3. Prices and Products

3.1 Prices of our products are shown in swiss francs VAT not included, excluding participation in processing and shipping costs. The information is given subject to technical changes, errors and typos and can be changed at any time.

3.2 The site does not currently offer orders outside Switzerland and the principality of Liechtenstein.

3.3 All orders are payable in Swiss Francs.

3.4 The seller reserves the right to change its prices and participation in processing, packaging and shipping costs at any time, but the products will be charged on the basis of the rates in effect at the time of order registration subject to availability.

3.5 Products remain the property of the seller until the full payment of the price.

3.6 Product descriptions and images are provided for informational purposes and are not engaging.

3.7 If a price was wrong at the time of the order, due to any error (computer, input, stock management, etc.), the seller reserves the right to cancel the order. In such a case, any amount already paid by the buyer will be returned in full.

3.8 The seller also reserves the right to limit, at his discretion, the number of copies of an item sold to the same customer.

4. Data protection

4.1 All personal data will be considered confidential. The information necessary to manage the order will be processed electronics but will not be distributed or sold to a third party.

4.2 The data necessary for the ordering process and communication with the customer may be transmitted exclusively to our partners for the purpose of providing the services offered by Mighty Games Sàrl (account management, payment execution, ordering, sending emails).

4.3 In accordance with the Federal Data Protection Act, you may exercise your right to access, rectify and object to personal data about you. All you need to do is send us a request by mail or email.

4.4 The www.mightygames.ch website uses cookies to enhance your experience and allow you to customize your browsing. By continuing browsing our website, you accept the use of cookies.

5. Orders

5.1 Orders can be recorded via the Internet on our website, by email, by mail or by phone.

5.2 THE GVCs are presented in French. The site is available in French and English. The English language is indicative and if misinterpreted, only the French version is authentic.

5.3 The seller reserves the right to cancel any order from a customer with whom there is a dispute over the payment of a previous order.

5.4 Any order is worth accepting prices and describing the products available for sale on the day of the order.

5.5 Photos are non-contractual and are given as illustrative. For more information about a product, please contact us by email or phone.

5.6 Price offers are only valid within the limits of available stocks.

5.7 The seller reserves the right to change his prices at any time.

5.8 The seller undertakes to honour orders received only within the limit of available stocks. In the absence of available stock, the seller undertakes to inform the buyer and to communicate to him a deadline as soon as possible.

5.9 The seller reserves the right to cancel and refund any order; no compensation is possible for the buyer.

5.10 Orders are only final when they have been confirmed by the buyer's price settlement. At no time can the sums paid be considered as deposits or instalments.

5.11 Any modification or resolution of the order by the purchaser cannot be taken into account and the amount paid cannot be returned.

5.12 In the event of a stock outage at the seller or one of its suppliers and the inability to deliver the ordered item within 8 weeks, the seller reserves the right to cancel the order and make the full refund of the missing items. The seller reserves the right to cancel and refund any order, as no compensation is possible for the buyer.

5.13 The seller will not be able to accept any claim on a package not received beyond 4 weeks following shipping.

5.14 The seller cannot be held responsible for the consequences of a delay or cancellation.

6. Validating an order and signing electronically

6.1 When you check the acceptance of these CGVs at the end of the ordering process, you declare that you accept the acceptance and the fullty of these terms and conditions of sale fully and unreservedly.

6.2 This validation of the purchaser constitutes an electronic signature that has, between the parties, the same value as a handwritten signature.

6.3 The data recorded by the seller is evidence of all transactions made by the seller and his customers.

6.4 The data recorded by the payment system are evidence of financial transactions.

7. Payment

7.1 Items ordered by the buyer must be paid before delivery and before shipping.

7.2 The seller makes available to the buyer the possibility to pay for his purchases through the payment methods offered by Bank Transfer, by credit cards (are accepted Visa and MasterCard), by PayPal, TWINT or Apple Pay.

Our bank details are provided below:

International Bank Account Number - IBAN: CH37 0483 5157 6335 4100 0

Bank Identifier Code - BIC: CRESCHZZ80A

Account Owner - Account Holder: Mighty Games Sàrl, Rue du Jura 4, 1004 Lausanne, Switzerland

7.3 Items remain the seller's property until the full payment of the price.

7.4 The seller reserves the right to cancel an order if the payment is not made within 14 days of the order being confirmed.

7.5 The buyer assures the seller that he has the necessary permissions to use the payment method chosen by lui-même, when validating the purchase order.

7.6 The seller reserves the right to suspend all order management and delivery in the event of a refusal of authorization to pay by credit card by the officially accredited agencies or in the event of non-payment of the order.

7.7 In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not fully settled an order or with whom a dispute is pending.

7.8 The seller has an order verification procedure in place to ensure that no one uses another person's bank details without their knowledge. The seller reserves the right to use this procedure if there is any doubt about the legitimacy of the customer. As part of this check, the client will be asked to send a copy of an ID with proof of residence by email. The order will only be validated after receipt and verification by our services of the parts sent.

7.9 In the exceptional event of payment of the invoice after delivery (pre-agreement), the delivered products remain the property of the seller until the payment is received.

7.10 Orders containing pre-order items paid for by bank payment must be paid no later than 1 day before the official release date of the product (ie. the money must have arrived in the Mighty Games account 1 day before). In case of non-compliance, the order will be cancelled unless the customer settles the possible price difference.

8. Product availability

8.1 The order will be executed within 48 hours (working days) from the day after the buyer placed the order within the limit of available stocks.

8.2 If the product ordered is unavailable, especially due to our suppliers, the buyer will be informed as soon as possible and will have the option to cancel the order.

8.3 In the event of an order cancellation, the refund is made with the same payment method used when the order was paid or by a credit note.

8.4 Pre-orders are final and no cancellations are possible.

9. Delivery

9.1 Products are delivered to the delivery address indicated by the buyer during the ordering process.

9.2 In the case of items that can be delivered on different dates due to their availability, the delivery time is based on the longest time frame. This means that if an order contains pre-ordered products is ordered, it will be delivered when the pre-ordered product is available.

9.3 The seller cannot be held responsible for the consequences of a delay in delivery.

9.4 The seller cannot be held responsible in the event of a loss of an order entrusted to a carrier such as, for example, Swiss Post.

9.5 Magic The Gathering Pre-Order Shipping Conditions. Since February 1, 2013, the release date of the Gatecrash edition, it is now formally forbidden to ship pre-orders before the official release day. Our pre-order packages will now depart from the official release day of The Magic The Gathering extensions.

9.6 Purchases made on our website are only delivered in Switzerland mainly by Swiss Post to the delivery address indicated by the buyer, unless otherwise agreed.

9.7 Shipping costs are calculated as accurately as they are, based on the weight of the order and the current rates charged to the carriers and are charged to the buyer. If there is an error in estimating the delivery costs on our site, the buyer will be notified immediately.

9.8 Excess delivery times cannot result in damages.

9.9 Responsibility for the goods passes to the buyer as soon as it is received by the carrier.

9.10 An email will be sent to the buyer if the seller notices a delay in sending his order

9.11 The seller makes several means of shipping available to the buyer and also allows the withdrawal of goods in the shop or at an event. The buyer will need confirmation to retrieve his order.

9.12 Port fees are calculated and charged only once per order. For Switzerland, delivery is free. Below 50 CHF of purchase, a processing fee of CHF 6 for small orders applies.

10. Receiving and checking the merchandise

10.1 The products are delivered to the address indicated by the buyer on the purchase order.

10.2 The buyer agrees to check the condition of the goods at the time of delivery.

10.3 A detailed and honour-based claim regarding the found defects of the delivered products must be made in writing within 24 hours of receipt by sending an email to the seller for a missing, defective or damaged product (photos to be attached in the email).

10.4 Any claim made after this period will be rejected and the seller will be relieved of any liability.

10.5 Any damaged packaging and/or product should not be opened.

10.6 After verification, the seller will re-forward or refund the buyer with the same payment method used when paying the order or by a credit note.

10.7 Returns sent without prior agreement will not be resumed or exchanged.

11. Delivery problems due to the carrier

11.1 Any anomaly concerning delivery (damage, product missing from the delivery voucher, damaged parcel, broken product...) must be marked on the delivery voucher in the form of "explicit handwritten reservations", accompanied by the buyer's signature.

11.2 At the same time, the purchaser will have to confirm this anomaly by sending the carrier, within 24 hours of the delivery date, these claims by a registered mail.

11.3 The buyer will have to send a copy of this mail, by mail or email, to the seller.

12. Right of return

12.1 You have, within 7 free days from the date of receipt of your order, a right of return, exchange or refund without penalty except for shipping, return and payment costs, products that would not suit you (this clause does not apply in the case of products with a discount).

12.2 You must obtain an agreement from the seller to return the products by simply explaining by mail or email the reasons for the return.

12.3 Incomplete, open, damaged, damaged or soiled returned items by the customer are not taken back. The product must be in its original and complete state allowing its re-marketing in the new state, accompanied by the invoice and return agreement issued by the seller.

12.4 In this case, the shipping costs are the responsibility of the buyer (Go and Return)

12.5 The amount will be paid into the customer's account (no refund in cash, no credit card or PayPal) within 7 working days after receipt and check of the goods and must be used, in its entirety, over a period of 90 days. After this time, the credit score will definitely be considered lost.

12.6 Returns are to be addressed to the seller's address on the invoice.

12.7 In the event of unjustified refusal or unclaimed parcels without good reason, we will be obliged to charge the shipping costs that have been incurred. The post office and delivery companies charge for the shipment and return of unclaimed goods.

12.8 The return of product due to simultaneous purchase in another business is not accepted; an order can be cancelled before shipping at any time.

12.9 All returns of unpacked equipment without authorization will be returned to the sender or simply refused. You must get a return agreement by email before you return.

12.10 The seller reserves the right to charge an amount equivalent to 20% of the amount of the product in case of non-compliance with the above rules.

12.11 The visuals on our website are not contractual. These visuals are displayed for informational purposes and are not always representative of the product. Unfortunately, manufacturers change the packaging, features and visuals of their products often and without an announcement. A refusal of non-compliant visual merchandise will not be accepted if the content of the product complies with the advertised description.

12.12 When a product is defective, it is exchanged for an identical product. You must inform us by email and obtain a return authorization for the product. The exchange is only possible if the complete material returns to its original packaging. No exchange will be possible otherwise.

12.13 In all cases, a return to the store rather than by delivery driver is quite possible. The request for return may therefore be accepted (or refused) directly by the staff present.

13. Guarantee

13.1 The warranty is limited to manufacturing defects. All products that are defective are exchanged.

13.2 For any warranty request, the purchase invoice is mandatory, it cannot be taken into account without this document.

13.3 Any request must be written in detail (photos in support) in writing or by email.

We will give you confirmation of return in response.

13.4 No unpacked product will be accepted without written confirmation from us in advance.

13.5 The provisions of these cannot deprive the purchaser of the legal guarantee that obliges the professional seller to guarantee it against all the consequences of the hidden defects of the thing sold. The buyer is expressly informed that the seller is not the manufacturer of the products sold in relation to liability for defective products. Therefore, in the event of damage caused to a person or property by a defect in the product, only the liability of the manufacturer of the product can be sought by the buyer, on the basis of the information contained on the packaging of that product.

13.6 Wear resulting from normal use, in particular card wear that occurs after they are opened, as well as defects resulting from improper use by the customer are excluded from the scope of the warranty.

14. Contest

14.1 The purpose of the competitions is to promote entertainment.

14.2 Unless otherwise stated, the prizes that Mighty Games offers in contests are to be withdrawn at the store.

14.3 Winning prizes cannot be resold.

14.4 Lots cannot be exchanged in cash.

15. Responsibilities

15.1 The products on offer comply with current EU or Swiss legislation. The seller cannot be held liable for non-compliance with the laws of the country where the products are delivered. It is up to you to check with the local authorities for the possibilities of importing or using the products or services you plan to order.

15.2 Photographs and texts reproduced and illustrating the products presented are not contractual. Accordingly, the seller cannot be held liable in the event of an error in any of these photographs or texts.

15.3 The seller cannot be held responsible for the breach of contract concluded in the event of a stock outage, product unavailability, disruption, strike or force majeure. Neither party will have failed in its contractual obligations, as long as their execution will be delayed, hindered or prevented by a fortuitous case or force majeure. Any irresistible facts or circumstances, external to the parties, unpredictable, inevitable, beyond the will of the parties and which cannot be prevented by the parties, despite all reasonably possible efforts, will be considered fortuitous or by force majeure The party affected by such circumstances will notify the other within 48 hours of the date on which it has been known. The two parties will then come together, within 7 days, unless it is impossible due to the case of force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts more than 30 days, these terms and conditions may be terminated by the aggrieved party.

15.4 Expressly, are considered to be a case of force majeure or fortuitous cases, in addition to those usually retained by the case law: the blocking of means of transport or supplies, strikes, natural disasters, wars, fires, storms, floods, lightning, the shutdown of telecommunications networks or the difficulties specific to external telecommunications networks or any other event preventing the production or transport of products.

15.5 The seller will not incur any liability for any indirect damages as a result of this, loss of operation, loss of profit, loss of luck, damages or costs.

16. Law applicable and for legal

16.1 These terms and conditions of sale are governed by Swiss law.

16.2 If one or more provisions of these GSCs were to be declared null and void, the other provisions would remain legally valid.

16.3 The for is located exclusively in Lausanne for any dispute concerning these CGVs, their interpretation and/or their application.

These terms and conditions are in French. The purchaser states that he has the full legal capacity to commit under these terms and conditions.