TERMS AND CONDITIONS

Last updated: 12 August 2026

1. About These Terms

These Terms and Conditions govern the use of thecardens.xyz and
purchases made through the online store operated by THE CARDENS.

By placing an order, the customer confirms that they have read,
understood and accepted these Terms and Conditions.

The version displayed on the Website at the time an order is placed
applies to that order.

2. Seller Information / Colophon

The online store THE CARDENS is operated by:

Homo Novus SAGL
Via Franco Zorzi 10
6900 Paradiso
Switzerland
Email: info@homonovus.ch
Telephone: +41 78 261 86 67
Website: thecardens.xyz

Homo Novus SAGL is the legal entity responsible for the operation of
THE CARDENS and the online store.

3. Scope

These Terms apply to orders placed through the Website for delivery
exclusively within Switzerland.

THE CARDENS does not currently accept orders for delivery outside
Switzerland.

Separate conditions may apply to:

  • in-store purchases;

  • tournaments and organised events;

  • card grading or evaluation services;

  • consignment sales;

  • purchases of private collections;

  • business-to-business transactions.

Any separate conditions will be communicated before the relevant
service is confirmed.

4. Customers

Products are primarily offered to private customers for personal
use.

Customers must:

  • provide accurate and complete information;

  • have legal capacity to enter into the transaction;

  • obtain parental or legal representative consent where necessary;

  • not place orders for fraudulent or unlawful purposes;

  • not use automated purchasing methods without permission;

  • not purchase products for unauthorised commercial resale where
    purchase limits apply.

THE CARDENS may refuse or cancel an order where there is reasonable
evidence of fraud, misuse, payment risk, manipulation of purchase limits
or an obvious pricing error.

5. Products

THE CARDENS sells trading card game products and related merchandise,
which may include:

  • Pokémon products;

  • One Piece Card Game products;

  • Magic: The Gathering products;

  • booster packs;

  • booster boxes;

  • starter decks;

  • bundles;

  • collector products;

  • accessories;

  • individual collectible cards;

  • sealed products;

  • event-related items.

Product availability, language, edition, set, contents and condition
are described on the relevant product page.

Customers must review the product description carefully before
ordering, especially the:

  • product language;

  • card game;

  • set or expansion;

  • number of cards or packs;

  • sealed or unsealed condition;

  • product edition;

  • release date;

  • purchase limits.

6. Product Images and Descriptions

We make reasonable efforts to ensure product descriptions, photographs
and specifications are accurate.

However:

  • colours may differ depending on the customer’s screen;

  • packaging may be updated by the manufacturer;

  • promotional images may be illustrative;

  • booster contents are random unless otherwise stated;

  • card artwork and pack artwork may vary;

  • products may contain different card combinations;

  • pull rates are determined by the manufacturer and are not
    guaranteed by THE CARDENS.

An image showing a particular card does not guarantee that the card
will be contained in the purchased product unless the listing expressly
identifies that exact card as the product being sold.

Minor packaging variations that do not affect the identity or intended
use of the product do not automatically constitute a defect.

7. Authenticity

THE CARDENS aims to sell authentic products sourced from reputable
suppliers and distribution channels.

Unless clearly described otherwise, products are intended to be
official products of the relevant manufacturer or rights holder.

The presence of manufacturing variations, print lines, centring
differences, packaging variations or other characteristics common to
mass-produced trading cards does not necessarily indicate that a product
is counterfeit or defective.

8. Availability

All orders are subject to availability.

Adding an item to the shopping cart does not reserve it.

In rare cases, an item may become unavailable after an order has been
submitted, for example because of:

  • simultaneous orders;

  • inventory errors;

  • damaged stock;

  • supplier cancellations;

  • incorrect stock synchronisation.

Where an ordered item is unavailable, THE CARDENS may cancel the
affected item or order and refund the amount paid for it.

9. Prices

Unless stated otherwise, prices are displayed in Swiss francs.

Prices shown at checkout are the prices applicable to the order,
subject to the correction of obvious errors.

Before the final launch, THE CARDENS must clearly indicate whether
displayed prices include applicable Swiss VAT.

Shipping costs and any additional charges will be shown before the
customer submits the order.

THE CARDENS may change prices at any time. Price changes do not
normally affect orders already accepted, except in cases of an obvious
and recognisable error.

10. Obvious Pricing Errors

If a product is listed at an obviously incorrect price due to a
technical, typographical or administrative error, THE CARDENS may reject
or cancel the order.

Where payment has already been collected, the corresponding amount
will be refunded.

THE CARDENS may offer the customer the opportunity to purchase the
product at the correct price, but the customer is not obliged to
accept.

11. Placing an Order

To place an order, the customer must:

  1. select the products;

  2. add them to the shopping cart;

  3. review the cart;

  4. provide billing and delivery information;

  5. select an available shipping method;

  6. select an available payment method;

  7. review the total price;

  8. accept these Terms and Conditions;

  9. submit the order.

The customer is responsible for checking all information before
submitting the order.

12. Order Confirmation and Contract Formation

After an order is submitted, the customer may receive an automatic
acknowledgement confirming that the order has been received.

An automatic acknowledgement does not necessarily mean that the order
has been finally accepted.

Unless otherwise stated during checkout, the contract is formed when
THE CARDENS:

  • expressly confirms acceptance;

  • confirms shipment; or

  • otherwise begins fulfilling the order.

THE CARDENS may request additional information before accepting an
order, particularly for payment security or fraud prevention.

13. Purchase Limits

Certain products may be subject to purchase limits.

Limits may apply:

  • per customer;

  • per household;

  • per account;

  • per address;

  • per payment method;

  • per day;

  • per product release.

THE CARDENS may reduce or cancel quantities ordered where purchase
limits are exceeded or circumvented.

Creating multiple accounts or using multiple orders to evade a stated
limit is prohibited.

14. Payment

The available payment methods will be displayed during checkout.

Payment may be processed directly by an independent payment service
provider. The provider may conduct:

  • authentication;

  • fraud screening;

  • payment authorisation;

  • identity or address verification.

An order may be rejected if payment is declined, incomplete, reversed
or considered suspicious.

The customer must ensure that they are authorised to use the selected
payment method.

The definitive payment methods and providers will be added to these
Terms before the store begins accepting live orders.

15. Retention of Title

To the extent permitted by applicable law, products remain the
property of THE CARDENS until the full purchase price and applicable
charges have been paid.

The risk of accidental loss or damage passes in accordance with
applicable law and the agreed delivery arrangements.

16. Delivery Area

THE CARDENS currently ships exclusively to valid addresses within
Switzerland.

Orders submitted with a delivery address outside Switzerland may be
rejected or cancelled.

Delivery to certain restricted or inaccessible locations may not be
available.

17. Shipping and Delivery

THE CARDENS currently offers the following delivery methods within
Switzerland:

  • Swiss Post;

  • hand delivery, where expressly available or agreed.

Standard delivery is estimated at 2–3 business days. Delivery times
are estimates and are not guaranteed unless expressly stated
otherwise.

Shipping is free for orders with a merchandise value above CHF 150.
For orders of CHF 150 or less, the applicable shipping charge will be
displayed during checkout.

Delivery delays may occur due to Swiss Post or other carrier delays,
public holidays, severe weather, high order volumes, supplier delays,
incorrect delivery details or other circumstances outside the reasonable
control of THE CARDENS.

To the extent permitted by applicable law, THE CARDENS is not
responsible for delays caused by Swiss Post, other carriers, the
customer, or circumstances outside its reasonable control. Nothing in
this clause excludes or limits liability that cannot legally be excluded
or limited.

THE CARDENS will make reasonable efforts to inform customers of
significant known delays.

18. Delivery Information

Customers must provide a complete and accurate delivery address.

THE CARDENS is not responsible for delays or additional costs caused
by incorrect or incomplete information supplied by the customer.

If a parcel is returned because:

  • the address was incorrect;

  • delivery was refused;

  • the parcel was not collected;

  • the recipient could not be identified,

THE CARDENS may charge the customer for reasonable return and
redelivery costs.

19. Tracking and Delivery Confirmation

Where tracking is available, the customer may receive a tracking
reference.

A carrier’s delivery confirmation may be considered evidence of
delivery, subject to any contrary evidence and applicable law.

Customers should contact THE CARDENS promptly if tracking states that
an order has been delivered but the parcel cannot be located.

20. Inspection After Delivery

Customers should inspect products promptly after delivery.

Visible shipping damage, missing items or incorrect products should be
reported as soon as reasonably possible.

The customer should retain:

  • the shipping box;

  • product packaging;

  • labels;

  • photographs of the parcel;

  • photographs of any damage;

  • the order reference.

Failure to report an issue promptly may make it more difficult to
investigate the claim, but does not automatically remove any mandatory
legal rights.

21. Cancellation Before Shipment

A customer may request cancellation before dispatch by contacting THE
CARDENS.

A cancellation request is not guaranteed. Orders may be processed
quickly, and cancellation may no longer be possible once fulfilment or
shipment has begun.

Where cancellation is accepted, any refund will be issued to the
original payment method where reasonably possible.

22. Returns for Change of Mind

Unless THE CARDENS expressly offers a voluntary return right on the
Website or for a specific product, orders cannot automatically be
returned solely because the customer:

  • changed their mind;

  • ordered the wrong product;

  • expected different random booster contents;

  • did not obtain a desired card;

  • no longer wants the product.

Any voluntary return accepted by THE CARDENS must normally be
authorised in advance.

To be eligible for a discretionary return, the product must generally
be:

  • unused;

  • unopened;

  • undamaged;

  • complete;

  • in its original sealed packaging;

  • in resaleable condition.

The customer may be responsible for return shipping costs unless the
product was defective, damaged in transit or supplied incorrectly.

23. Non-Returnable Products

Subject to mandatory legal rights, returns may be refused for:

  • opened booster packs;

  • opened booster boxes;

  • opened decks or bundles;

  • products with broken manufacturer seals;

  • products with removed protective wrapping;

  • randomised trading card products after opening;

  • individual cards removed from their protective packaging;

  • products damaged after delivery;

  • personalised products;

  • event tickets after the applicable cancellation deadline;

  • products clearly marked as final sale.

This restriction is necessary because the contents and commercial
value of sealed trading card products may change once the seal is
opened.

24. Defective, Damaged or Incorrect Products

If a product is materially defective, damaged during shipping or
different from the product ordered, the customer should contact THE
CARDENS promptly.

THE CARDENS may request:

  • the order number;

  • a description of the problem;

  • photographs or video;

  • photographs of the packaging;

  • return of the item for inspection.

Depending on the circumstances and applicable law, the available
remedy may include:

  • replacement;

  • repair where appropriate;

  • partial refund;

  • full refund;

  • cancellation of the affected part of the order.

Customers must not intentionally dispose of the item before the claim
has been assessed unless doing so is necessary for safety reasons.

25. Trading Card Manufacturing Variations

Trading cards and sealed TCG products may contain ordinary
manufacturing variations, including:

  • imperfect centring;

  • minor edge wear;

  • print lines;

  • surface variations;

  • foil curvature;

  • small packaging marks;

  • colour differences;

  • minor corner imperfections.

Such variations do not necessarily make the product defective.

THE CARDENS does not guarantee that cards pulled from sealed products
will achieve a particular professional grading score.

26. Random Contents and Pull Rates

Booster packs, boxes and similar products contain randomised contents
unless the product description states otherwise.

THE CARDENS does not guarantee:

  • a particular card;

  • a particular rarity;

  • an alternate-art card;

  • a secret rare;

  • a foil card beyond the manufacturer’s stated configuration;

  • a financial return;

  • a minimum resale value;

  • a particular pull rate.

Manufacturer rarity distributions are statistical and may not produce
identical results in each individual box or pack.

27. Refunds

Approved refunds will normally be made to the original payment
method.

Processing times may depend on the payment provider or financial
institution.

Shipping charges may not be refundable where:

  • the order was correctly fulfilled;

  • the return was voluntary;

  • the customer provided an incorrect address;

  • delivery failed for reasons attributable to the customer.

This does not limit mandatory rights relating to defective or
incorrectly supplied products.

28. Pre-Orders

Products identified as pre-orders are expected to be released or
delivered at a future date.

Release dates and expected availability may change because of:

  • manufacturers;

  • distributors;

  • transport delays;

  • allocation reductions;

  • regulatory or supply-chain issues.

By placing a pre-order, the customer accepts that the indicated date
is an estimate unless expressly guaranteed.

Where distributor allocation is reduced, THE CARDENS may:

  • reduce quantities;

  • allocate stock fairly;

  • cancel affected orders;

  • provide a refund for unavailable items.

29. Mixed Orders Containing Pre-Order Products

Where an order contains both available and pre-order products, the
complete order may be shipped only when all items are available unless
split shipping is offered.

Any additional cost for split shipping will be displayed or agreed
with the customer.

30. Events and Tournaments

Separate rules may apply to events and tournaments, including:

  • registration deadlines;

  • deck or format requirements;

  • conduct rules;

  • age requirements;

  • cancellation rules;

  • prize eligibility;

  • photography notices;

  • publisher tournament policies.

Participants must comply with reasonable instructions from organisers
and venue staff.

THE CARDENS may remove a participant for cheating, harassment, unsafe
behaviour, serious disruption or violation of event rules.

31. Card Valuation and Selling Services

Any valuation based on photographs or online information is
preliminary.

A final valuation may depend on physical inspection, including:

  • authenticity;

  • edition;

  • condition;

  • centring;

  • surface quality;

  • market demand;

  • professional grading;

  • recent market prices.

THE CARDENS is not obliged to purchase or sell any submitted card.

No sale, purchase or consignment agreement is formed until the parties
expressly agree to the relevant terms.

32. Customer Accounts

Customers are responsible for:

  • keeping login credentials confidential;

  • restricting access to their device;

  • providing accurate account information;

  • notifying THE CARDENS of suspected unauthorised access.

THE CARDENS may suspend or close accounts associated with fraud,
abuse, unlawful conduct or repeated violation of these Terms.

33. Website Availability

THE CARDENS aims to keep the Website available but does not guarantee
uninterrupted access.

The Website may be temporarily unavailable because of:

  • maintenance;

  • updates;

  • hosting interruptions;

  • security incidents;

  • technical faults;

  • circumstances outside our control.

THE CARDENS may modify or discontinue Website features where
reasonably necessary.

34. Intellectual Property

The content of the Website, including its original:

  • text;

  • layout;

  • branding;

  • graphics;

  • photographs;

  • design elements;

  • databases;

  • code;

  • logos,

is owned by or licensed to THE CARDENS and is protected by applicable
intellectual property laws.

Users may not reproduce, commercially exploit, scrape, republish or
distribute Website content without prior permission, except where
permitted by law.

35. Third-Party Trademarks

Pokémon, One Piece, Magic: The Gathering and other product names,
logos, characters and artwork belong to their respective rights
holders.

References to these brands are used to identify and describe
compatible or official products.

Unless expressly stated, THE CARDENS is an independent retailer and is
not necessarily sponsored, endorsed or operated by the relevant
trademark owners.

36. Prohibited Use

Users must not:

  • use the Website unlawfully;

  • attempt unauthorised access;

  • introduce malware;

  • interfere with Website security;

  • scrape the Website excessively;

  • submit fraudulent orders;

  • impersonate another person;

  • misuse discount codes;

  • manipulate purchase limits;

  • infringe intellectual property rights;

  • use the Website to distribute harmful or misleading content.

37. Liability

THE CARDENS is responsible for loss or damage to the extent required
by applicable law.

To the extent legally permitted, THE CARDENS is not liable for
indirect or consequential losses arising from:

  • misuse of a product;

  • loss of anticipated profit;

  • changes in collectible market value;

  • unsuccessful booster pulls;

  • manufacturer allocation changes;

  • third-party service interruptions;

  • circumstances beyond reasonable control.

Nothing in these Terms excludes or restricts liability that cannot
legally be excluded or restricted.

38. Force Majeure

THE CARDENS is not responsible for delay or failure caused by
circumstances outside its reasonable control, including:

  • natural disasters;

  • fire;

  • severe weather;

  • epidemic or public emergency;

  • strikes;

  • carrier disruption;

  • supply shortages;

  • manufacturer delays;

  • government action;

  • war or civil disturbance;

  • telecommunications or infrastructure failure.

Obligations will resume as soon as reasonably possible after the
relevant event ends.

39. Privacy

Personal data is processed in accordance with the Privacy Policy
published on thecardens.xyz.

Customers should read the Privacy Policy before creating an account or
placing an order.

40. Changes to These Terms

THE CARDENS may update these Terms and Conditions from time to time.

The updated version will apply to orders placed after publication
unless a change must apply earlier for legal or security reasons.

Changes do not normally affect contracts already concluded.

41. Severability

If a provision of these Terms is invalid or unenforceable, the
remaining provisions remain in effect.

The invalid provision will be interpreted or replaced, where possible,
in a manner that most closely reflects its intended commercial and legal
purpose.

42. No Waiver

A delay or failure by THE CARDENS to enforce a provision does not
constitute a permanent waiver of that provision or any other right.

43. Governing Law

These Terms and any contract concluded through the Website are
governed by Swiss law, subject to any mandatory consumer protection
provisions that apply.

44. Jurisdiction

Subject to mandatory legal rules concerning consumer jurisdiction,
disputes shall be submitted to the competent courts in the Canton of
Ticino, Switzerland.

Nothing in this clause deprives a consumer of a mandatory right to
bring proceedings before another competent court.

45. Contact

Questions regarding orders or these Terms may be addressed to:

THE CARDENS / Homo Novus SAGL
Via Franco Zorzi 10
6900 Paradiso
Switzerland
Email: info@homonovus.ch
Telephone: +41 78 261 86 67
Website: thecardens.xyz

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