Delivery
Delivery takes place at the risk and expense of the customer. As soon as the goods are entrusted by TCG Market to a transport company, the risk, including the possibility of accidental deterioration, passes to the Customer. This also applies to partial deliveries. TCG Market is liable only if the company itself or its auxiliaries are guilty of willful misconduct or gross negligence. Delivery takes place to the delivery address specified by the customer. In the absence of special agreements, TCG Market is free to choose the type of shipping.
Insofar as TCG Market assumes the risk up to the place of destination of the goods on the basis of separate written agreements, the risk is transferred to the Customer at the latest upon delivery to the first unloading point at the place of destination.
Delivery is subject to the timely and correct supply/availability of the material: if TCG Market is unable to provide the required service, TCG Market will be released from the service even if it has concluded a suitable hedging transaction with the Customer. This applies only in the event that TCG Market has not negligently caused this circumstance and there is no temporary obstacle to the performance by an upstream supplier. In this case, the Customer will be notified immediately. The consideration already paid by the Customer will be immediately refunded. Further claims by the customer against TCG Market are excluded.
Information on delivery times is generally non-binding. The term of performance extends to the occurrence of unforeseen obstacles beyond our control, for example operational disruptions, strikes, natural disasters, delivery embargoes, delays in the delivery of essential materials, to the extent that such obstacles to the delivery of the object of the performance are demonstrably to be attributed not to ourselves. This also applies if the circumstances occur at subcontractors. The performance deadline is extended based on the duration of such measures and obstacles. We are not responsible for the above circumstances, even if they arise during an already existing delay.
Partial deliveries are permitted within the indicated delivery times, as long as there are no disadvantages for use by the Customer.
Unless you have agreed a fixed delivery date with TCG Market, you are required to accept TCG Market deliveries on any day of the week; for partial deliveries there may be multiple deliveries per week.
Any rights to compensation for damages against TCG Market for non-compliance or delay are excluded, to the extent that there is neither willful misconduct nor gross negligence. The occurrence of delay in delivery of TCG Market is determined by legal provisions. In any case, a written reminder from the Customer is required.
Price and Shipping Fees
Unless otherwise explicitly indicated, all prices are inclusive of VAT, plus any applicable packaging and shipping costs and expenses.
For Buy It Now listings, packaging and shipping costs are generally included.
Discounts are established based on the marketing campaigns carried out by TCG Market
By signing the order, the Customer undertakes to immediately accept the ordered goods. TCG Market has the right to send and invoice the ordered goods immediately after receiving the customer’s order. Differently happens for goods that were not available at the time of the order (pre-orders) which will be invoiced at the time of dispatch.
In the case of items marked as “pre-order”, the respective manufacturer reserves the right not to produce the item(s) or to produce them with characteristics that deviate from the information previously provided (e.g. dimensions, release date) and in a number of pieces that differs from the pre-order quantity indicated. All information provided by TCG Market on items marked as “pre-order” is based on the manufacturer’s information and therefore is not binding. In the case of items marked as “pre-order”, by clicking on the “Buy It Now” button, the Customer submits his order in a legally binding and conclusive manner. The Customer has hereby been explicitly informed of the aforementioned circumstances. Furthermore, the Customer is aware that the aforementioned discrepancies do not constitute defects.
Retention of Title
Until the purchase price and all claims against the Customer, including all ancillary credit rights, are paid in full, the goods remain the property of TCG Market.
The Customer has the right to sell the goods delivered to him to third parties.
In the event of behavior not complying with the terms of the contract, in particular in the event of late payment, TCG Market will have the right, after the unsuccessful expiry of a reasonable period set for the Customer, to withdraw from the contract and to claim the goods subject to the reserved domain.
Payment Terms
All TCG Market listings, unless otherwise noted, require payment immediately.
Obligations to Report Defects and Warranty
If the shipment of the goods is carried out by courier, by shipping company, by rail, by sea or by air, the Customer – upon receipt – must communicate any externally visible loss or damage to the goods to the shipping company’s courier, and take further steps to secure any damage claims against them. The Customer must have the damage to the packaging confirmed in writing by the courier upon acceptance of the goods.
Defects or damage resulting from negligent or improper handling or improper assembly as well as from the use of inappropriate accessories or alteration of the original parts by the Customer or third parties not appointed by TCG Market are also excluded from the warranty.
Natural wear and tear is excluded from the warranty.
Delivery to the Customer of a partial quantity and/or goods of higher value does not constitute a defect. In the case of a partial quantity delivery, there is only the right to subsequent delivery of the missing quantity
The costs of any additional fulfillment, which arise from the transfer of the goods to a place other than the place of the Customer’s business, are borne by the Customer. Any parts replaced become the property of TCG Market.
The Customer’s right to request a discount, withdrawal, compensation for damages (instead of or in addition to the repair) or reimbursement of unnecessary expenses in the event of repairing a defect, in addition to the additional repair, remains unchanged by the provisions above, in the case where a defect is found.
In the event of defects in the purchased product for which TCG Market is responsible, TCG Market has the right to choose whether to eliminate the defect or make a replacement delivery.
Compensation requests for damages or defects are limited to the amount of the value of the goods delivered or the service provided.
Compliance
This contract and all individual assignments/orders may be exceptionally revoked by either party for just cause. Just cause exists even if TCG Market has a reasonable suspicion that the Client or an auxiliary of the Client or a collaborator appointed by the Client or its auxiliaries is connected to associations, organizations or other unions that pursue or employ objectives and means that constitute or leave reasonably foresee criminal or unconstitutional acts, or a violation of the rights or interests of TCG Market, and therefore TCG Market cannot reasonably be expected to continue to adhere to the contract and carry out all individual tasks/orders.
