TERMS AND CONDITIONS
1. Website Ownership
The website www.95mtg.com ("Site") is owned by Ninety Five LLC, FEIN 46-4669063 (“Ninety Five”, “us”, “we” or “our”), a State of Delaware Limited Liability Company, with a correspondence address at 7217 Lancaster Pike, Suite 4, Hockessin, DE, USA, 19707 and is aimed at the retail sale of products and services online.
Ninety Five may modify these Terms and Conditions from time to time and without notice. Your continued usage of this Site constitutes your acceptance of any such changes. If you do not agree to the terms set forth below, do not use the Site.
All original content on the Site is © Ninety Five LLC and may not be used or reproduced without consent. Wizards of the Coast, Magic: The Gathering and their logos are trademarks of Wizards of the Coast LLC. © Wizards. All rights reserved. Ninety Five is not affiliated with, endorsed, sponsored, or specifically approved by Wizards of the Coast LLC. Ninety Five may use the trademarks and other intellectual property of Wizards of the Coast LLC, which is permitted under Wizards' Digital Marketing Asset Policy. MAGIC: THE GATHERING® is a trademark[s] of Wizards of the Coast. For more information about Wizards of the Coast or any of Wizards' trademarks or other intellectual property, please visit their website at (www.wizards.com).
2. Field of application
These general Terms and Conditions of sale regulate the sale of products and services on the Site in the version published at the time of purchase.
These general Terms and Conditions of sale together with the conditions regarding payment and delivery of goods, constitute an integral part of the sales contract concluded between you (“Customer”) and Ninety Five.
The offer of products and services present on the Site is addressed exclusively to natural and legal persons, who do not trade them in the exercise of a commercial activity.
For persons over the age of 18, registering yourself on the Site is free and completely voluntary.
If you choose to register with the Site or purchase products through the Site, your unique username will be your email address and you will need to create a unique password. By using the username and password, you will be able to access certain portions of the Site that are unavailable to unregistered users and will be able to purchase new products without re-entering your personal information and credit card number. You are solely responsible for choosing the username and password and maintaining the confidentiality of the password that you choose. It is your responsibility to keep your registration data current and accurate as well as to protect against unauthorized access to your password and to your computer. Failure to protect the security of these items may permit unauthorized individuals to obtain your personal information. Be sure to sign off when finished using a shared computer.
Ninety Five shall not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.
3. Purchase method
In order to make purchases, you must be registered on the Site.
The presentation of products and services on the Site or through Ninety Five Apps for mobile devices constitutes an invitation to purchase. When the purchase Order is made, you have the possibility to choose the payment method you prefer. Your purchase order will then be considered as a contractual proposal addressed to Ninety Five for the listed products, each one considered individually. Upon receipt of the purchase order, Ninety Five will automatically send an email confirming that the order has been received ("Order confirmation email"). The Order confirmation email does not constitute acceptance of your purchase proposal. By sending the Order confirmation email, Ninety Five only confirms to have received the order and to have submitted it to a process of data verification, availability of the requested products and payment according to the chosen method. You are committed to verify the correctness of the data in the Order confirmation email and to promptly report any system errors to Ninety Five.
The Order confirmation email contains the following data:
- Order number and date;
- Product(s), quantity, price;
- Type of payment chosen;
- Shipment Cost;
- Total order amount.
The sales contract between you and Ninety Five will be concluded only when Ninety Five sends you a separate email containing information about the product shipment and the invoice. This email constitutes acceptance of your purchase proposal ("Shipment Confirmation email"). The charge of the total order amount will be made only when the products included in your order are shipped.
Ninety Five, due to the nature of the internet, cannot guarantee uninterrupted access and the absence of errors in the transmission of services. In addition, access to the Site and/or the services offered by Ninety Five may occasionally be suspended or limited to allow repair, maintenance or the introduction of new products or services. Ninety Five will attempt to limit the frequency and duration of such suspensions and/or limitations.
Until the above mentioned Shipment Confirmation email is sent, Ninety Five shall not be liable for any delay or failure (including the cancellation of the order) about the obligations set forth in these Terms and Conditions, if the delay or failure is due to unforeseeable circumstances or majeure force.
This provision does not affect your rights provided by law and in particular your right to receive the products purchased within a reasonable period of time or to be reimbursed in the event of non-delivery due to circumstances resulting from unforeseeable circumstances or majeure force.
4. Payment methods
Ninety Five accepts the following payment methods:
- Credit Card;
- Debit Card;
5. Right of cancellation
You have the right to cancel your order, without any penalty and without specifying the reason, within 10 working days from when you receive the products, communicating your will to Ninety Five through the Order page on your customer portal.
The cost of returning the products will be the buyer’s responsibility, and you are also obliged to return the products in the same conditions in which they were received.
Only after receiving the goods and the verification of their condition, Ninety Five will proceed with the eventual refund of the price paid by you through the same payment method used during the purchase.
You will find the details on how to return items in the FAQ page.
6. Restrictions of Use
Material, services, data, and information (including pricing information) from, on, or offered through the Site and any other website owned, operated, licensed, or controlled by Ninety Five or any of its related, affiliated, or subsidiary companies may not be scraped, extracted, downloaded, uploaded, sold, or offered for sale or use in any way (including for competitive purposes), without the prior written consent of Ninety Five.
If you violate any of these Terms and Conditions or circumvent (or attempt to circumvent) any security or technological measures on the Site, your limited license to use the Site and related content automatically terminates, provided that it shall not be a violation of these Terms and Conditions for an individual to access or use Ninety Five’s published prices in connection with selling or offering to sell cards to Ninety Five.
Use of all remarks, suggestions, ideas, graphics, items, data, pictures, files, audio, video, other multimedia, or other information uploaded, displayed, posted, made available or otherwise communicated to Ninety Five, another user of the Site, or the Site’s third-party server, through the Site (together, the "Submission") shall automatically be granted to Ninety Five in the form of a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license for Ninety Five to use, edit, alter, copy, publish, distribute, or make derivative works of the Submissions for any purpose.
For each Submission you post, make available or otherwise communicate through the Site, you represent and warrant that:
(a) you own or control all of the rights to such Submission and your use of the Submission does not violate any law, rule or regulation;
(b) such Submission does not contain any virus, malware, or the like;
(c) such Submission does not violate these Terms and Conditions or any rights of any third party.
Ninety Five will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities to a Submission that may appear in future Ninety Five operations.
Except as noted below in this paragraph, Ninety Five will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission.
Ninety Five may remove any Submission that in its sole judgment violates these Terms and Conditions, including, but not limited to any Submission that it deems to be offensive, illegal or that may harm or threaten the safety of any person.
Ninety Five does not control or endorse the Submissions and disclaims all liability relating to the Submissions.
You acknowledge that you are responsible for whatever Submission you may submit, and you, not Ninety Five, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Ninety Five may terminate or suspend your right to use the Site, any services provided on the Site, and/or the license to use Ninety Five's goods or services as obtained through the Site, at any time.
Your right to use the Site, any services provided on the Site, and/or the license to use Ninety Five's goods or services as obtained through the Site shall terminate immediately and automatically if you should breach any of these Terms and Conditions.
You agree that the following actions, among others and whether or not set forth herein, shall constitute a breach of these Terms and Conditions:
(a) Using the Site for any purpose in violation of local, state, national, or international laws;
(b) Using material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
(c) Using material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Ninety Five in its sole discretion;
(d) Distributing viruses or other harmful computer code;
(e) Taking any action that interferes or may in, in Ninety Five's judgment interfere, with the use or functionality of the Site including but not limited to spamming, flooding, or placing an unreasonable or disproportionately large load on Ninety Five's servers;
(f) Engaging in any conduct that restricts or inhibits any person from using or enjoying the Site, or which, in the judgment of Ninety Five, exposes Ninety Five or any of its customers or suppliers to any liability or detriment of any type;
(g) More than one person using a unique user account on the Site without Ninety Five's written permission;
In addition, Ninety Five shall have the right, but not the obligation, to suspend or terminate your account and prevent you from accessing the Site at any time in the event Ninety Five has any reason to believe, in its sole discretion (whether by reviewing its daily login tracker, reviewing its IP address tracker or otherwise), that your account is being misused or that your login or account information may be compromised.
Termination shall not relieve you of your obligations under these Terms and Conditions.
You agree that monetary damages may be an insufficient remedy and that Ninety Five may also seek injunctive or other relief for a violation or threatened violation of these Terms and Conditions.
The materials, services, data and information on the Site could include inaccuracies or errors.
Ninety Five may make changes (including removal of content or services) or improvements at any time.
The materials, services, data, and information on the site are provided "as is" and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. Ninety Five disclaims all warranties, including warranties of merchantability and fitness for a particular purpose.
Ninety Five does not warrant that the functions contained in the site will be continuing, uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or other harmful components.
Ninety Five does not warrant or make any representations regarding the use of or the result of the use of the material services, data, or information on the site in terms of their correctness, accuracy, reliability, or otherwise.
In addition, Ninety Five makes no representations or warranties about the following: the accuracy, reliability, completeness, currentness, continued access to, use of, or timeliness of the materials, services, data and information on the site, including all submissions, content, software, text, graphics, links, or communications provided on or through the use of the site, any of which may be revoked, removed, or terminated, as the case may be, by Ninety Five at any time and without prior notice.
10. Limitation of Liability
The use of the Site and the material, services, data, and information on the Site is at your sole risk.
Neither Ninety Five, its affiliates, nor their respective officers, directors, employees, and agents will not be liable for any damages or injury to person or property, including, but not limited to, any damages or injury caused by or otherwise related to any use, failure of performance, error, omission, interruption, defect, downtime, delay in operation of transmission, computer virus or other harmful code, or line failure.
Ninety Five will not be liable for any damages or injury (including, without limitation, special, incidental or consequential damages, personal injury/wrongful death, lost profits, property damage, or damages resulting from lost data or business interruption) arising in tort, contract, or otherwise, that relate to the Site or any materials, services, data or information contained or offered therein, even if there is negligence or Ninety Five or a Ninety Five representative has been advised of the possibility of such damages, or both.
Further, Ninety Five’s total liability to you for all losses, damages, and causes of action, whether in contract, in tort (including without limitation, negligence), or otherwise, will not in any event exceed the greater of:
(a) the aggregate amount you paid to access the site during the immediately-preceding 12 month period;
11. Intellectual Property Information and Policy
WIZARDS OF THE COAST®, Magic: The Gathering®, set names and images are trademarks of Wizards of the Coast®, Inc. All other trademarks are the property of the respective trademark owners.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Ninety Five or others without obtaining the prior written consent of the owner of such rights.
Ninety Five will remove any content or information from the Site which it in good faith believes to infringe the intellectual property rights of others upon receipt of proper notification to Ninety Five by such rightholder.
If any part of these Terms and Conditions is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.
This is the entire agreement between the parties relating to the use of the Site.
Ninety Five can revise these Terms and Conditions at any time and without notice by updating this webpage.
Ninety Five products and services are available in many parts of the world, however, the Site may describe products and services that are not available worldwide.
You agree to defend, indemnify, and hold Ninety Five, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable attorneys' fees, resulting from, or alleged to result from:
(a) your intentional or unintentional violation of these Terms and Conditions;
(b) your use of the Site, including the Submissions.