Terms and Conditions

Introduction

These Terms and Conditions (“Terms”) govern your access to and use of 2rips.com and the services offered through it (the “Platform”).

These Terms form an agreement between you (“you” or “your”) and Digital Apes GmbH, a limited liability company incorporated under the laws of Austria, registered in the Austrian Commercial Register under number FN 593236g (“Company,” “we,” “us,” or “our”). The Company operates the Platform.

Our registered address is Leopold-Ungar-Platz 2/1. Stock/Stiege 2, 1190 Wien, Austria. You may contact us at support@digitalapes.at.

Please read these Terms carefully. By selecting the checkbox indicating your acceptance of these Terms, you expressly agree to be bound by them. If you do not agree, you must not proceed with any registration or transaction that requires their acceptance.

Definitions

For purposes of these Terms:

"Account" means any account created to access or use the Platform.

"Applicable Law" means all laws, regulations, rules, guidance, codes, orders, judgments, and regulatory requirements applicable to a party, the Platform, or any transaction.

"Collectable" means any physical or digital item offered, sold, stored, redeemed, or otherwise made available through the Platform, including trading cards, memorabilia, comics, sealed products, mystery products, graded items, authenticated items, and any associated packaging, accessories, certificates, or related entitlements.

"Content" means all text, graphics, photos, video, audio, software, data, trademarks, logos, product listings, descriptions, reviews, comments, and other materials made available on or through the Platform.

"Order" means any order, request, reservation, bid, purchase, sale to the Company, redemption, vault release, or other transaction submitted through the Platform.

"Platform" means our website, mobile apps, software, interfaces, APIs, communications, customer support channels, social pages, promotions, services, and all related functionality.

"Randomized Product" means any product, pack, box, drop, reveal, opening, or similar experience where the exact Collectable received is not known to the customer in advance, provided that the customer is purchasing a product and not entering a game of chance for a prize.

"Stored Asset" means any Collectable held by us or our service providers for authentication, grading, safekeeping, vaulting, storage, or fulfillment.

"User Content" means any Content submitted, uploaded, posted, transmitted, or otherwise made available by you.

Eligibility

You may use the Platform only if:

(a) you have reached eighteen (18) years of age or, if higher, the age of majority in your jurisdiction;

(b) you have the legal capacity to enter into these Terms and the transactions you undertake;

(c) you use your Account in your own name and for your own benefit as an individual, and not on behalf of another person, company, or entity;

(d) your access to the Platform and use of its relevant features are permitted by Applicable Law; and

(e) no applicable sanctions, export controls, or other legal restrictions prohibit us from providing the relevant services to you.

The Platform is unavailable to anyone residing in, physically present in, or accessing it from any of the following countries (the “Restricted Territories”):

Afghanistan, Belarus, Bosnia and Herzegovina, Burundi, Central African Republic, China, Cuba, Czechia (the Czech Republic), Democratic Republic of the Congo, Ethiopia, Haiti, Iran, Iraq, Italy, Libya, Lithuania, Mali, Myanmar, Nicaragua, North Korea, Romania, Russia, Somalia, South Sudan, Spain, Syria, Yemen, and Venezuela.

We may revise the Restricted Territories list or introduce additional territorial restrictions by publishing an update on the Platform and providing any notice required by Applicable Law. A country or territory’s absence from this list does not establish that every Platform feature is available or lawful there.

Identity verification is requested on an as-needed basis, except where mandatory checks are required by Applicable Law. We may request information or documents reasonably necessary to confirm your age, identity, residence, or location, prevent fraud, or satisfy legal obligations. Any legally required checks must be completed at the stage required by Applicable Law.

You must provide accurate information and must not use another person’s identity, false documents, a VPN, a proxy, or any other method to circumvent eligibility or territorial restrictions.

We may refuse registration or restrict access or transactions where reasonably necessary to address an eligibility concern or complete required checks. The handling of existing Orders, Collectibles, and amounts owed to you remains subject to Applicable Law and our obligations under these Terms. An eligibility restriction does not, by itself, authorise their forfeiture.

Changes to These Terms

The Company may change these Terms whenever it chooses and at its sole discretion. Whenever a revision is made, the date marked “Last Updated” at the beginning of these Terms will be revised accordingly. By continuing to access or use the Platform after an amended version takes effect, you accept that version.

If a revision restricts your existing rights, otherwise represents a material change, or requires notice under Applicable Law, we will notify you through the Platform or another reasonable channel. You will be required to confirm your acceptance before continuing to use the Platform. If you reject the revised Terms, you must cease using the Platform upon receiving notice of the revision, and the revised Terms will not apply to you.

If you disagree with any revision to these Terms, your sole and exclusive remedy is to discontinue your use of the Platform.

Account Registration and Security

Access to certain or all Platform functions may depend on registering an Account. Information supplied during registration and afterwards must be accurate, complete and up to date, and you must revise it when necessary.

You are responsible for:

keeping your sign-in details and devices secure;

all activity carried out through your Account;

ensuring that your contact details, delivery address, billing details and payout information remain correct; and

informing us without delay of suspected fraud, unauthorised access or any other security incident affecting your Account.

Where reasonably necessary to meet legal obligations, prevent fraud, maintain security and operational integrity, or protect the Platform or its users, we may decline registration, require verification of your identity, suspend or deactivate an Account, reclaim a username, or impose restrictions on an Account.

Platform Role

The Company sells its own inventory through the Platform. Depending on the transaction, we may also provide or coordinate warehousing, fulfillment, authentication, grading, vaulting, storage, logistics, redemption, buybacks, or customer support.

Except to the extent expressly stated for a specific transaction, we do not guarantee that any product listing is accurate, that any Collectable will meet expectations, or that any item is free from defects, disputes, competing claims, or changes in market value.

Nature of Collectables; Assumption of Market Risk

COLLECTABLES ARE SPECULATIVE, SUBJECTIVE, AND OFTEN VOLATILE ASSETS. PRICES CAN MOVE MATERIALLY AND UNEXPECTEDLY WHICH MEANS THE VALUE OF WHAT YOU PURCHASE COULD DECLINE MATERIALLY. POPULATION REPORTS, GRADING TRENDS, ATHLETE PERFORMANCE, FRANCHISE DEVELOPMENTS, PRINT RUNS, CULTURAL RELEVANCE, SCARCITY PERCEPTIONS, MARKET LIQUIDITY, SOCIAL MEDIA ACTIVITY, AND COLLECTOR SENTIMENT CAN ALL AFFECT VALUE.

You acknowledge and agree that:

Collectables are purchased for ownership, collecting, fandom, entertainment, or personal enjoyment, and not with any guarantee of appreciation, liquidity, future resale opportunity, or investment return;

we do not provide investment, financial, tax, legal, or appraisal advice;

historical pricing, comparable sales data, estimated values, floor prices, buyback quotes, ratings, rarity indications, and similar information are informational only and may be inaccurate, incomplete, delayed, or unavailable;

market value can be lower than purchase price and may decline to zero; and

you bear all market and economic risk associated with any Collectable or transaction.

Listings, Product Information, and Errors

We try to present accurate information, but listings, descriptions, images, grading details, metadata, pack checklists, estimated odds, values, artist names, set information, card populations, autographs, provenance, release timing, and availability may contain errors or omissions.

Images may be illustrative only. Packaging, condition, centering, edges, surfaces, corners, print lines, seals, labels, slabs, serial numbers, inserts, accessories, and contents may vary.

We reserve the right to correct any error, inaccuracy, or omission, and to change or update information, cancel affected Orders, or revoke promotions, whether before or after an Order is placed, subject to Applicable Law. All decisions are made according to our sole discretion and shall be considered final and binding.

If we cancel an Order after payment has been taken, our sole obligation will be to refund the amount actually paid for that Order, except where Applicable Law requires otherwise.

Randomized Products; Mystery, Blind, and Pack Mechanics

We may offer Randomized Products. By purchasing a Randomized Product, you acknowledge and agree that:

you are purchasing a product experience, not entering a sweepstakes, contest, or lottery, unless expressly stated otherwise in separate official rules;

the exact Collectable to be received may not be known in advance, but the applicable product page or drop terms may disclose relevant categories, ranges, checklists, probabilities, odds, bands, exclusions, values, conditions, or other product information;

any stated odds, checklists, hit rates, chase rates, pull ranges, expected value information, or illustrative examples are based on the applicable configuration at the time of publication and may be updated or corrected if materially inaccurate;

all reveals, openings, or random allocations conducted by or through the Platform are final once the reveal or opening has been completed, except where Required by Law or where we determine a material technical malfunction occurred;

in our sole discretion, we may void, unwind, re-run, delay, or cancel a reveal, opening, or drop if we reasonably suspect a bug, exploit, manipulation, payment issue, fraud event, botting, or operational error. All decisions are final and binding.

Orders, Payment, and Taxes

By submitting an Order, you make a binding offer to complete the transaction. We may accept, reject, limit, or cancel any Order in our discretion to the extent permitted by Applicable Law, including for pricing errors, suspicious activity, inventory issues, legal restrictions, fraud concerns, sanctions screening, technical issues, operational constraints, legal obligations, or for any other reason we deem necessary.

You authorize us and our payment processors to charge your selected payment method for all amounts due, including product price, shipping, taxes, duties, insurance, service fees, storage fees, authentication fees, redemption fees, processing fees, convenience fees, chargeback-related costs, and any other disclosed amounts.

Availability of payment methods may vary. Certain payment methods, including PayPal and Venmo, are available for receiving refunds, payouts, or other disbursements only if you have previously made a payment or deposit on the Platform using that same payment method. If you have not paid or deposited with a given payment method, that method will not be available to you for receiving funds, and we may require any disbursement to be made to your original payment method or to another supported payment method.

You are responsible for all sales, use, VAT, GST, customs, import duties, brokerage fees, withholding taxes, and similar governmental charges arising from your use of the Platform or any transaction, except taxes based on our net income.

If taxes are not collected at checkout, you remain solely responsible for self-assessing and remitting them where required.

Minimum Deposit Turnover Requirement (1x)

All funds deposited into a user's Account are subject to a minimum one-time (1x) turnover requirement before becoming eligible for withdrawal.

To satisfy this requirement, users must use deposited funds to complete qualifying purchases or transactions on the Platform with an aggregate value equal to at least one hundred percent (100%) of the deposited amount.

Only completed and legitimate purchases or transactions shall count toward the turnover requirement. Cancelled, refunded, reversed, fraudulent, or otherwise invalid transactions shall not qualify.

The turnover requirement applies separately to each deposit and must be fully satisfied before any unused portion of that deposit may be withdrawn.

The Company reserves the right to reject, delay, or restrict any withdrawal request until the applicable turnover requirement has been fully satisfied.

Notwithstanding the foregoing, the Company may, in its sole discretion and subject to Applicable Law, waive or modify this requirement, including in cases involving refunds, account closures, payment errors, suspected fraud, anti-money laundering compliance, or other legal or regulatory obligations.

Any attempt to circumvent or manipulate the turnover requirement, including through artificial transactions, coordinated purchases, or other abusive practices, may result in the suspension or termination of the user's Account and any other measures permitted under these Terms and Applicable Law.

Promotional Credits and Rewards

We may offer credits, rewards, points, coupons, rebates, or promotional balances (collectively, "Promotional Benefits"). Unless expressly stated otherwise in applicable program terms:

Promotional Benefits have no cash value, are personal, non-transferable, revocable, and may expire.

Promotional Benefits are not property, are not bank deposits, do not earn interest, and do not create any fiduciary or custodial relationship.

We may designate certain Promotional Benefits as Free Credits. Free Credits may be earned only through qualifying activity or promotional grants that we make available. Unless we expressly permit otherwise in writing, Free Credits may not be purchased, sold, transferred, assigned, pledged, exchanged for cash, or withdrawn.

Unless expressly stated otherwise in applicable program terms or on the Platform, Free Credits expire forty-five (45) days after your most recent qualifying activity. We may specify additional eligibility, lock, unlock, expiration, redemption, or forfeiture conditions in applicable program terms or on the Platform.

Free Credits may be redeemed only for packs, shipping, or other products or services that we expressly make available on the Platform. Free Credits may not be used for taxes, duties, or other excluded charges unless we expressly permit otherwise.

We may withhold, reverse, cancel, expire, or claw back Promotional Benefits, including Free Credits, where we reasonably determine that fraud, chargeback activity, self-referrals, duplicate accounts, technical error, sanctions or AML concerns, promotional abuse, bug-induced over-crediting, manipulation, or violation of these Terms or applicable program terms has occurred.

Promotional Benefits may be subject to additional program terms, eligibility rules, disclosures, and feature-specific restrictions that we publish on the Platform or otherwise make available.

Payments and deposits made using certain payment methods, including PayPal and Venmo, are not eligible to earn or qualify for Promotional Benefits (including Free Credits), unless we expressly state otherwise in applicable program terms. We may designate any payment method as ineligible for Promotional Benefits at any time.

Referral and Affiliate Program

The Company may, from time to time, offer a referral and/or affiliate program (the "Referral Program") through which eligible users may receive commissions, rewards, credits, bonuses, or other incentives for referring new customers to the Platform.

Participation in the Referral Program is entirely voluntary and remains subject to these Terms and any additional rules, policies, or guidelines published by the Company from time to time.

The Company reserves the absolute right, at any time and in its sole discretion, to:

(a) amend, modify, replace, suspend, restrict or terminate the Referral Program;

(b) change the commission structure, reward amounts, eligibility criteria, payment methodology, payment schedule, qualification requirements, or any other aspect of the Referral Program;

(d) discontinue payment of any category of referral reward or commission; and

(e) determine whether any referral qualifies under the Referral Program.

Application of Changes

Any modification to the Referral Program shall apply prospectively from its effective date to all referral activity and all future referral payments, including payments relating to users who were referred prior to the effective date of the modification.

Participation in the Referral Program does not create any vested, accrued, contractual, or continuing right to receive commissions or rewards under any previous commission structure, nor does it guarantee that any particular commission rate or reward structure will remain available.

The Company shall have no obligation to continue paying referral commissions or rewards under any previous version of the Referral Program.

Self-Referrals

Self-referrals are strictly prohibited.

Without limitation, a self-referral includes any attempt by a participant, directly or indirectly, to obtain referral commissions or rewards through:

creating or controlling multiple accounts;

referring themselves;

referring accounts owned or controlled by them;

referring accounts operated for their benefit;

using family members, friends, businesses, nominees or third parties to circumvent this restriction; or

any arrangement designed to generate referral commissions without genuine independent customer acquisition.

Where the Company determines, in its sole discretion, that self-referral or attempted self-referral has occurred, it may:

refuse to pay any referral commission or reward;

reverse previously credited commissions or rewards;

cancel pending payments;

suspend or terminate participation in the Referral Program;

suspend or close any related account(s); and

take any additional action permitted under these Terms.

Fraud, Abuse and Payment Discretion

The Company reserves the right, in its sole discretion, to investigate any referral activity.

The Company may refuse, withhold, delay, adjust, reverse or cancel any referral commission, reward or payment where it reasonably believes that:

these Terms or the Referral Program rules have been breached;

fraudulent, deceptive or abusive conduct has occurred;

referral activity is artificial or not generated through genuine customer acquisition;

accounts are linked through common ownership, control or coordinated activity;

the participant has engaged in self-referral;

the participant has manipulated, attempted to manipulate, or abused the Referral Program;

the referral activity presents legal, regulatory, AML, fraud, compliance or reputational concerns; or

payment would otherwise be inappropriate or contrary to the legitimate interests of the Company.

The Company's determination regarding eligibility for referral payments and compliance with the Referral Program shall be final and binding.

No Guarantee of Payments

Referral commissions and rewards are conditional incentives only and shall not be considered earned until the Company has completed all required verification and determined, in its sole discretion, that all applicable eligibility requirements have been satisfied.

Nothing in these Terms obliges the Company to make any referral payment where it reasonably determines that payment should not be made under these Terms or the applicable Referral Program rules.

Referral Payments

Referral commissions and other payouts under the Referral Program are contractual payment obligations of the Company only. They are not customer funds, stored value, deposits, or bank balances, and may be designated as pending, available, paid, reserved, or held.

The Company may impose payout schedules, minimum payout thresholds, payment methods, reserves, hold periods, identity verification requirements, tax documentation requirements, clawbacks, reversals, setoff rights, and negative balance enforcement in applicable program terms.

Referrer Conduct

Participants must promote the Platform lawfully, accurately, and in a manner consistent with these Terms. Without limitation, participants must not:

send unsolicited commercial messages or otherwise violate anti-spam, telemarketing, or privacy laws in connection with any referral;

make false, misleading, or unsubstantiated claims regarding the Platform, Collectables, odds, outcomes, potential winnings, or potential earnings;

represent themselves as an employee, agent, or representative of the Company, or use the Company's names, logos, or trademarks except as expressly authorized in writing;

bid on the Company's trademarks or confusingly similar terms in search or app-store advertising, or register domains, handles, or accounts incorporating the Company's marks;

direct referral marketing at minors or at persons in jurisdictions where the Platform or any feature of it is unavailable or unlawful; or

fail to clearly and conspicuously disclose their material connection to the Company where required by Applicable Law, including endorsement and testimonial disclosure requirements.

Any breach of this subsection is a breach of these Terms and may result in the actions described in this Section 12, including forfeiture or reversal of commissions and termination of participation.

No Agency

Participation in the Referral Program does not create any employment, agency, partnership, joint venture, or franchise relationship between any participant and the Company. Participants have no authority to act for, bind, or make any representation, warranty, or commitment on behalf of the Company.

Final Interpretation

The Company reserves the exclusive right to interpret, administer and enforce the Referral Program and these provisions. All decisions relating to referral eligibility, qualification, payment and enforcement shall be made by the Company in its sole discretion and shall be final.

Pricing and Buyback Quotes

Prices, bids, reserve levels, market prices, valuations, and buyback quotes may change at any time. You assume the risk of accepting a buyback quote or instant offer from the Company.

Any buyback quote or instant offer from the Company:

is optional unless expressly stated as guaranteed in writing;

may be subject to quantity caps, condition requirements, identity checks, timing limits, fraud screening, operational availability, product-specific rules, and source-of-funds or source-of-acquisition review;

may specify the form of consideration payable by us, including cash, store credit, Free Credits, or other Promotional Benefits, depending on the applicable product flow or rules published on the Platform;

may differ depending on whether the underlying Collectable was acquired through cash, Free Credits, mixed consideration, promotions, or other product flows, and some items may be ineligible for cash buyback or subject to different buyback mechanics;

may be revised or withdrawn before your acceptance; and

does not guarantee future liquidity, future pricing, or any minimum resale opportunity.

Authentication, Grading, and Condition Disclosures

We may, directly or through third parties, provide or facilitate authentication, condition review, grading, inspection, encapsulation, imaging, or related services.

You acknowledge and agree that:

grading and authenticity assessments are opinion-based and inherently subjective;

two experts may reasonably disagree about grade, condition, centering, authenticity, restoration, trimming, cleaning, recoloring, defects, or alterations;

grades and authenticity determinations may change over time or differ across graders, resubmissions, or holders;

tampering, microscopic defects, hidden defects, or sophisticated counterfeits may not always be detected and we will not be liable for any decrease in value attributable to any such defect or variance;

references to a grading company or authenticator do not constitute our own representation or warranty; and

unless expressly stated otherwise, Collectables are sold in the condition actually delivered, subject to any specific return rights expressly granted by us.

For raw, ungraded, or opened Collectables, condition may vary materially and may include edge wear, corner wear, print defects, centering issues, surface scratches, dents, factory defects, seal variance, staining, fading, and other imperfections, whether visible in images or not. We will not be liable for any decrease in value attributable to any such defect or variance.

Vaulting, Storage, and Custody of Collectables

We may allow Collectables to be stored with us or with third-party custodians, warehouses, depositories, grading partners, or logistics providers.

By electing vaulting, storage, or related services, you acknowledge and agree that:

storage may be pooled, segregated, identified, or managed using internal recordkeeping systems, depending on the service model;

you may receive only contractual rights to delivery, redemption, transfer, or sale to the Company according to our records and procedures;

access to, withdrawal of, or transfer of Stored Assets may be subject to verification, fees, timing constraints, legal holds, sanctions checks, fraud screening, inventory controls, insurance procedures, and operational delays;

we and our service providers may repackage, relabel, image, inspect, scan, barcode, catalog, move, or otherwise handle Stored Assets in the ordinary course;

we may require minimum holding periods or cooling-off periods for fraud prevention, settlement, payment clearing, operational integrity, or any other reason we deem necessary;

storage may be suspended, delayed, or unavailable due to third-party failures, force majeure, security incidents, disputes, legal restrictions, inventory audits, or any other reason we deem necessary.

Unless expressly stated otherwise in writing, title to a Collectable remains with the person shown in our records as the owner of that Collectable, subject to any lien, offset, right of retention, or other rights granted under these Terms.

Risk of Loss; Shipping; Delivery; Redemption

Risk of loss and title transfer as follows, unless otherwise stated in a specific product flow:

for Company direct sales shipped to you, title and risk of loss pass upon our delivery to the carrier;

for Stored Assets, risk of loss is governed by the storage program terms and any insurance limitations disclosed for that program;

for redeemed, withdrawn, or released items, risk of loss passes when the item is handed to the carrier or made available for collection, unless Applicable Law requires a different rule.

Delivery dates are estimates only unless expressly guaranteed. We do not guarantee uninterrupted shipping services, customs clearance timelines, warehouse processing times, or carrier performance.

You are responsible for providing accurate delivery details and for complying with all import, export, customs, sanctions, and local legal requirements applicable to your shipment or redemption. We will not be liable for any loss, delay, or incorrect delivery in the event you provide us with inaccurate delivery details.

Shipping quantity limits. Unless otherwise stated in a specific product flow, each shipping or redemption order may include a maximum of three (3) graded (slabbed) cards and three (3) raw (ungraded) cards. Requests exceeding these limits must be submitted as separate orders, or we may split them into multiple orders or shipments at our discretion. We may update these limits from time to time.

To submit a complaint about any shipment that has not been received, please contact customer support at support@digitalapes.at and provide your order number, the items being shipped, and any information we reasonably request.

Delays, Non-Delivery, and Fulfillment Constraints

We may experience shipment, redemption, grading, storage, authentication, customs, or fulfillment delays. We may also experience delays caused by inventory mismatches, force majeure, fraud checks, payment holds, security incidents, courier issues, weather, labor disruptions, or government action.

Where Applicable Law requires a shipment notice, delayed-shipment consent, substitute option, or refund, we will comply with those requirements. Otherwise, delays do not entitle you to cancel or recover damages unless we expressly agree in writing.

Returns, Refunds, and Cancellations

Except as expressly set out in this Section 18, ALL SALES ARE FINAL.

Orders may not be cancelled once submitted, except where cancellation is required by Applicable Law or expressly approved by us in writing.

The following are non-cancellable, non-returnable, and non-refundable once submitted, completed, opened, revealed, redeemed, or otherwise processed:

opened packs or boxes;

revealed or randomized products;

redeemed items;

personalized or made-to-order items;

auction or bid purchases; and

any item identified as final sale or non-returnable at the time of purchase.

Subject to this Section 18, physical sealed packs purchased directly from us and shipped to you may be returned only if:

the return is requested within fourteen (14) calendar days after confirmed delivery;

the packs are unopened, unused, and in original sealed condition;

all original packaging, inserts, labels, shrink wrap, and accompanying materials are included and intact;

the packs have not been tampered with, damaged, altered, resealed, or materially handled beyond what is reasonably necessary to inspect the exterior of the shipment; and

you obtain return authorization from us before sending the item back.

We reserve the right to reject any return that does not strictly comply with these requirements. All decisions are final and binding.

To request a return, you must contact customer support at ceo@digitalapes.at within the fourteen (14) day period described above and provide your order number, the items you wish to return, and any information we reasonably request.

If the return is approved, we may issue you a return authorization and return instructions. No return will be accepted without prior return authorization.

Authorized returns must be shipped to:

Digital Apes GmbH

Leopold-Ungar-Platz 2/1. Stock/Stiege 2

1190 Vienna, Austria

Unless the return is due to our material error, material misdescription, or an item that arrived damaged before risk of loss passed to you, you are responsible for all return shipping costs, insurance, duties, taxes, and other return-related charges.

You bear the risk of loss for returned items until they are actually received and accepted by us at the return address. We recommend tracked and insured shipping.

All returned items are subject to inspection and verification upon receipt. If we determine, in our reasonable discretion, that the return satisfies this Section 18, we will issue either:

a refund to the original payment method for the purchase price actually paid for the returned item; or

store credit, if expressly agreed by us.

Original shipping charges, insurance charges, taxes, duties, and similar amounts are non-refundable unless required by Applicable Law or unless the return is due to our material error or a damaged or materially misdescribed item.

If a returned item does not satisfy this Section 18, we may reject the return and:

deny any refund or credit;

ship the item back to you at your cost; and/or

hold the item for collection or further instructions for a reasonable period.

If you receive an item that is damaged, incorrect, or materially misdescribed, you must notify us promptly, and in any event within three (3) calendar days after delivery, with reasonable supporting evidence, including photographs, videos, packaging images, and any other information we reasonably request.

If we determine that the item was materially misdescribed by us, materially damaged before risk passed to you, or incorrectly fulfilled, then, as your exclusive remedy except where prohibited by law, we may elect to:

replace the item;

provide store credit;

reverse the transaction; or

refund the amount actually paid.

Any abusive return activity, false damage claims, tampering, resealing, item switching, or other suspected fraud may result in denial of the return, suspension or termination of your account, reversal of credits or benefits, and any other action permitted under these Terms.

Nothing in this Section 18 limits any non-waivable statutory rights you may have under Applicable Law.

Chargebacks and Payment Disputes

You agree not to initiate a chargeback, payment reversal, dispute, or similar claim except in good faith after first contacting customer support to attempt resolution.

If you initiate a chargeback or payment dispute, we may:

suspend or restrict your Account;

reverse credits, rewards, or promotional benefits;

place holds on Stored Assets or payouts;

recover fees, costs, losses, and chargeback amounts to the fullest extent permitted by law;

offset amounts owed to you;

provide transaction records, communications, identity data, shipment records, device data, and account evidence to the payment provider or card network.

Fraudulent or abusive chargebacks are a material breach of these Terms and grounds for termination of your Account.

Prohibited Conduct

You must not, and must not attempt to:

violate any law or regulation;

use the Platform for unlawful, misleading, deceptive, exploitative, or abusive purposes;

use bots, scripts, scrapers, automation, spoofing, or other unauthorized technology;

bypass rate limits, geoblocks, verification controls, or security measures;

manipulate drops, queues, reveals, odds, inventory, pricing, or rankings;

shill bid or collude to manipulate bids or purchases;

upload malware or interfere with Platform operation;

impersonate another person or misrepresent affiliation;

harass, threaten, dox, defame, or infringe rights of others;

submit counterfeit, stolen, resealed, altered, or infringing Collectables or Content;

circumvent fees;

use the Platform for purposes of concealing or otherwise holding funds obtained through illegal means;

use the Platform in a way that could create legal, regulatory, or reputational risk for us or our users.

Compliance, Screening, and Investigations

We may conduct screening, identity verification, sanctions checks, anti-fraud reviews, source-of-funds reviews, geolocation checks, device intelligence reviews, and transaction monitoring.

You agree to provide any information or documentation we reasonably request to verify identity, ownership, payment authorization, source of goods, source of funds, shipping details, tax status, resale status, or legal compliance.

We may delay, reject, freeze, cancel, report, or reverse any transaction, redemption, payout, or transfer where we reasonably suspect fraud, criminal activity, sanctions exposure, counterfeit risk, payment risk, market manipulation, policy abuse, or legal non-compliance. All decisions are final and binding.

Communications; Electronic Records and Signatures

You consent to receive electronic communications from us, including operational emails, receipts, notices, policy updates, fraud alerts, customer service messages, and disclosures.

By using the Platform, you consent to transact electronically, and you agree that your electronic submissions, consents, clicks, and confirmations constitute your signature and acceptance of records and agreements in electronic form.

You are responsible for maintaining a valid and up-to-date email address and other contact information.

Marketing messages are subject to your consent choices and applicable marketing laws.

23A. Intellectual Property

The Platform and all Content other than User Content are owned by us or our licensors and are protected by intellectual property and other laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform for its intended purpose.

You must not copy, modify, distribute, publicly display, reverse engineer, decompile, create derivative works from, or exploit the Platform or any Content except as expressly permitted by us in writing or by Applicable Law.

All trademarks, service marks, logos, trade dress, and brand features are owned by their respective owners. References to third-party brands, leagues, teams, publishers, grading companies, artists, or franchises do not imply affiliation, endorsement, or sponsorship unless expressly stated.

23B. Third-Party Intellectual Property; Rights Holder Complaints; DMCA

We may display third-party product names, card names, game names, character names, logos, artwork, trade dress, and other intellectual property solely to identify genuine products offered or sold by the Company through the Platform. All such intellectual property remains the property of its respective owners. References to third-party intellectual property do not imply any affiliation, endorsement, sponsorship, or approval by the relevant rights holder unless expressly stated by us in writing.

You must not upload, post, transmit, or otherwise make available any content, images, materials, or Collectables that infringe, misappropriate, dilute, counterfeit, or otherwise violate any intellectual property or proprietary rights of any person. Without limiting the foregoing, you must not submit counterfeit goods or use unauthorized third-party images, artwork, logos, or other protected materials in connection with any content you provide.

We may remove or disable access to any content or material, suspend or terminate accounts, freeze payouts, withhold proceeds, or take any other action we reasonably deem appropriate if we suspect infringement, counterfeiting, unauthorized use of intellectual property, or related misconduct.

If you believe any content on the Platform infringes your copyright, you may send a notice under the Digital Millennium Copyright Act to:

Digital Apes GmbH

Email: ceo@digitalapes.at

Attn: DMCA Agent

Your notice must include sufficient detail for us to identify the allegedly infringing material and assess the complaint including the following:

A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may request additional information, remove or disable access to the challenged material, notify the affected user, and take any other action we reasonably deem appropriate.

We reserve the right to terminate, in appropriate circumstances, users or account holders who repeatedly infringe or are reasonably suspected of repeatedly infringing the intellectual property rights of others.

User Content License

You grant us a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, host, store, reproduce, modify for formatting purposes, adapt, display, publish, distribute, and otherwise exploit your User Content in connection with operating, improving, marketing, and protecting the Platform.

You represent and warrant that you have all rights necessary to grant this license and that your User Content does not infringe or violate any third-party rights or Applicable Law.

We may remove, refuse, or moderate User Content in our discretion.

24A. User Content and Community Standards

We are committed to maintaining a safe, respectful, and lawful environment on the Platform.

You must not upload, post, transmit, message, display, or otherwise make available any User Content or other material that:

is unlawful, fraudulent, misleading, defamatory, obscene, sexually explicit, or otherwise objectionable;

promotes or depicts violence, hate speech, terrorism, harassment, bullying, threats, abuse, or discrimination;

infringes, misappropriates, or otherwise violates any intellectual property, privacy, publicity, confidentiality, or other rights of any person;

contains spam, scams, malicious code, malware, phishing content, deceptive links, or other harmful or disruptive material;

impersonates any person or entity or misrepresents affiliation, endorsement, or origin;

facilitates unlawful activity or violates these Terms or any applicable law; or

is otherwise harmful, abusive, inappropriate, or objectionable in our reasonable judgment.

We maintain a zero-tolerance approach to unlawful, abusive, infringing, and other seriously objectionable content.

If you believe content on the Platform violates these Terms, you may report it through any in-app reporting functionality we make available or by contacting us at ceo@digitalapes.at, as applicable. We may review reported content and take any action we reasonably deem appropriate.

Where functionality is made available by us, users may block other users from interacting with them through the Platform's user controls. We do not guarantee that any blocking, filtering, or reporting tool will be available, error-free, or effective in all circumstances.

We reserve the right, in our sole discretion and without notice where permitted by law, to remove, restrict, disable access to, or refuse to display any User Content or other material that we believe violates these Terms or is otherwise unlawful, harmful, abusive, infringing, inappropriate, or objectionable.

We also reserve the right to suspend, restrict, or permanently terminate Accounts of users who violate these Terms, engage in abusive conduct, or create legal, regulatory, security, or reputational risk for us, the Platform, or other users. Repeated or serious violations may result in immediate suspension or termination without prior notice.

We may preserve, review, and disclose content, account information, and related records where reasonably necessary to enforce these Terms, protect users or the Platform, comply with applicable law, respond to legal process, or cooperate with law enforcement or regulatory authorities.

Feedback

If you provide suggestions, ideas, feature requests, comments, or other feedback, you grant us an unrestricted, perpetual, irrevocable, worldwide, royalty-free right to use that feedback for any purpose without compensation or attribution.

Third-Party Services

The Platform may integrate with or link to third-party services, including payment processors, carriers, grading companies, wallet providers, storage vendors, analytics providers, customer support tools, social media platforms, and authentication partners.

We are not responsible for third-party services, their content, availability, security, acts, omissions, or terms. Your use of third-party services may be subject to separate terms and privacy policies.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM, ALL COLLECTABLES, ALL CONTENT, ALL LISTINGS, ALL STORAGE SERVICES, AND ALL RELATED SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

WITHOUT LIMITING THE FOREGOING, WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, ACCURACY, CONDITION, AUTHENTICITY, GRADE, RARITY, VALUE, INVESTMENT PERFORMANCE, MARKETABILITY, COMPATIBILITY, SECURITY, AND AVAILABILITY.

WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HACKS, BUGS, DELAYS, OR DATA LOSS, OR THAT ANY ITEM, REVEAL, DROP, PRODUCT LISTING, OR STORED ASSET WILL MEET YOUR EXPECTATIONS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OPPORTUNITY, DATA, USE, MARKET VALUE, OR EXPECTED SAVINGS;

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM GRADING COMPANIES, AUTHENTICATORS, CARRIERS, PAYMENT PROVIDERS, STORAGE PROVIDERS, OR OTHER THIRD PARTIES;

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Indemnity

You will defend, indemnify, and hold harmless the Company and its affiliates, and their respective officers, directors, employees, contractors, agents, service providers, licensors, successors, and assigns (collectively, the "Company Parties"), from and against any claims, demands, actions, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

your use of the Platform;

your Orders or Stored Assets;

your User Content;

your breach of these Terms;

your violation of Applicable Law or third-party rights;

any allegation that any Collectable or materials you provide are counterfeit, stolen, infringing, unlawful, misdescribed, or otherwise defective.

We may assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate fully.

Suspension and Termination

We may suspend, restrict, or terminate your access to all or any part of the Platform at any time, with or without notice, if we believe:

you breached these Terms;

you pose fraud, legal, regulatory, credit, security, reputational, or operational risk;

your Account is inactive for an extended period (i.e., more than one (1) year);

we are required to do so by law or by a service provider; or

continued provision of the Platform is no longer commercially or operationally viable;

termination is warranted for any other reason in our sole discretion.

Termination does not affect rights and obligations accrued before termination, including payment obligations, indemnities, dispute provisions, limitation provisions, and rights relating to Stored Assets or unresolved transactions.

Unclaimed Property; Abandoned Accounts; Storage Liens

If you fail to pay storage fees, fail to respond to notices, fail to redeem or claim Stored Assets, or abandon your Account or Collectables and such period lasts for more than one (1) year, we may, to the extent permitted by Applicable Law and after any required notice period:

charge storage or administrative fees;

suspend access or withdrawals;

exercise a contractual lien, right of retention, or right of sale against Stored Assets to satisfy unpaid amounts;

transfer unclaimed property as required by law; and/or

dispose of low-value or unsafe items where legally permitted.

You agree that we may offset any unpaid amounts against amounts otherwise payable to you.

Force Majeure

We are not liable for any delay, interruption, failure, loss, or damage caused by events beyond our reasonable control, including acts of God, natural disasters, fire, flood, war, terrorism, civil unrest, labor disputes, embargoes, pandemics, governmental actions, cyberattacks, carrier disruptions, utility failures, vendor failures, internet outages, payment network issues, or shortages of materials or inventory.

Country of Residence, Governing Law and Judicial Forum

Some provisions of Sections 33 and 34 of these Terms are jurisdiction-specific and apply only to users whose Country of Residence corresponds with the stated condition. As used in these Terms, your "Country of Residence" is the country where you maintain your primary legal permanent residence. If you also regularly access the Platform from a different country, your Country of Residence nonetheless shall be determined by your primary legal permanent residence. If you maintain legal permanent residence in more than one country, your Country of Residence shall be the one with which you have the closest and most established connection.

IF YOUR COUNTRY OF RESIDENCE IS THE UNITED KINGDOM OR IN THE EUROPEAN ECONOMIC AREA, NO PROVISION IN THIS SECTION 33 WILL EXCLUDE OR RESTRICT ANY OF YOUR STATUTORY RIGHTS THAT YOU MAY HAVE AS A CONSUMER BASED ON THE APPLICABLE LAWS OF YOUR COUNTRY OF RESIDENCE, INCLUDING YOUR ABILITY TO ASSERT A CLAIM BASED ON THE TERMINATION OR SUSPENSION OF YOUR ACCOUNT.

(a) Governing Law.

Except as otherwise required by Applicable Law, these Terms, your use of the Platform, and our entire relationship (including any Disputes as defined under Section 34) will be interpreted in accordance with and governed by the laws of Austria, without regard to conflict- or choice-of-law principles.

(b) Judicial Forum for Disputes.

Except as otherwise required by Applicable Law, and subject to any valid separate arbitration agreement entered into after the relevant Dispute has arisen in accordance with Section 34(c), you and the Company agree that any Dispute may only be brought in a court of competent jurisdiction in Vienna, Austria. Both you and the Company consent to exclusive venue and personal jurisdiction there.

Nothing in this Section restricts any non-waivable right you may have as a consumer to bring or defend proceedings in another competent court under Applicable Law.

Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction to enforce a valid separate arbitration agreement entered into after the relevant Dispute arose, or to recognize or enforce an arbitral award issued under that agreement.

Dispute Resolution; Post-Dispute Arbitration; Class Action Waiver

Subject to Applicable Law, you and the Company agree that any and all past, present and future disputes, claims or causes of action between you and the Company arising out of or relating to these Terms, the Platform, the formation of these Terms, our relationship, or any other dispute between you and the Company or any of the Company Parties, whether arising prior to or after your agreement to this Section 34 (collectively, "Dispute(s)"), will be governed by the procedure outlined below.

(a) Informal Dispute Resolution.

Except as otherwise required by Applicable Law or provided in Section 34(e), the parties shall first attempt to resolve any Dispute informally for at least sixty (60) days before initiating court proceedings or any separately agreed arbitration.

The informal negotiations begin upon the sending of a properly addressed written notice from one party to the other ("Notice of Dispute").

The Notice of Dispute must:

(i) include the full name and contact information of the complaining party;

(ii) include additional information to identify the complaining party and the relevant Account(s), including postal address and telephone number, email address(es) used to establish the Account(s), and Device ID;

(iii) describe the nature and basis of the Dispute; and

(iv) set forth the specific relief sought.

The Notice of Dispute to the Company shall be sent to ceo@digitalapes.at. The Company will send the Notice of Dispute to your email address, if available.

You agree to participate in at least one telephonic or virtual meeting with us to attempt to resolve the Dispute. We agree to do the same. If you are represented by counsel, your counsel may participate in the meeting, but you must also fully participate in the meeting.

If either party fails or refuses to participate after being given a reasonable opportunity to do so, the other party will be treated as having satisfied the meeting requirement. Such failure or refusal will not extend the sixty (60) day period.

If a Dispute is not resolved within sixty (60) days after the Notice of Dispute is sent, either party may commence court proceedings in accordance with Section 33, or the parties may separately agree to arbitration in accordance with Section 34(c).

To the extent permitted by Applicable Law, a party may seek a stay or dismissal of proceedings commenced by the other party without complying with the applicable requirements of this Section 34(a), and reimbursement of reasonable costs resulting from that failure.

Except as required by Applicable Law or ordered by the competent court or arbitrator, the amount of any settlement offer made by either party may not be disclosed to the court or arbitrator until after the court or arbitrator has determined the amount of the judgment or award, if any, to which either party is entitled.

(b) Judicial Resolution.

Subject to Applicable Law and Section 34(a), Disputes shall be resolved through the courts specified in Section 33, unless both parties enter into a valid separate agreement to arbitrate the particular Dispute after it has arisen, in accordance with Section 34(c).

You and the Company may agree to submit a particular Dispute to arbitration only after that Dispute has arisen and only by entering into a separate written agreement signed by both parties.

Acceptance of these Terms, creation or continued use of an Account, or access to or use of the Platform does not constitute an agreement to arbitrate. Neither party is required by these Terms to enter into an arbitration agreement.

Any such agreement must identify the particular Dispute and the seat of arbitration. It must be contained in a separate document dealing only with matters relating to arbitration of that Dispute and must comply with Applicable Law, including any mandatory requirements concerning signatures, consumer information, and consent. Any required pre-contract consumer information must be provided before the separate arbitration agreement is concluded.

The applicable arbitration procedures, any administering institution, language, appointment of arbitrators, allocation of fees and costs, and any agreed appeal procedure shall be governed by that separate agreement and Applicable Law.

(d) Class Action and Representative Proceedings Waiver.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND SUBJECT TO SECTION 34(e), NEITHER YOU NOR THE COMPANY SHALL BE ENTITLED: TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES; TO PARTICIPATE IN ANY GROUP, CLASS, COLLECTIVE OR MASS LITIGATION; TO LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS; TO LITIGATE ANY DISPUTE IN A PRIVATE ATTORNEY GENERAL CAPACITY; OR OTHERWISE TO SEEK RECOVERY OF LOSSES OR DAMAGES (WHETHER FOR YOURSELF OR OTHERS) INCURRED BY THIRD PARTIES OTHER THAN MEMBERS OF YOUR IMMEDIATE FAMILY OR FOR WHOM YOU HAVE BEEN APPOINTED AS LEGAL GUARDIAN, ADMINISTRATOR, EXECUTOR, CONSERVATOR OR THE EQUIVALENT.

IN CONNECTION WITH ANY DISPUTE, ANY SUCH RIGHTS ARE WAIVED ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

(e) Mandatory Rights and Exceptions.

Nothing in this Section 34 excludes or restricts any non-waivable statutory rights, remedies, or rights of access to a competent court that you may have under Applicable Law, including any right to collective or representative proceedings or remedies that cannot lawfully be waived.

The informal dispute resolution requirements do not prevent either party from seeking urgent interim relief or commencing proceedings where necessary to preserve a claim before an applicable limitation period expires.

Miscellaneous

These Terms, together with any policies, supplemental terms, official rules, order-specific terms, and the Privacy Policy expressly incorporated by reference, constitute the entire agreement between you and us regarding the Platform.

If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect.

Our failure to enforce any provision is not a waiver.

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms freely, including in connection with a merger, sale, financing, reorganization, or asset transfer.

Section headings are for convenience only.

If any provision of these Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent, be severed from these Terms and Conditions. All remaining terms, conditions and provisions will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable will be amended in a manner consistent with the applicable law to reflect, as closely as possible, the Company's original intent.

Contact Information

Digital Apes GmbH

Legal Enquiries: ceo@digitalapes.at

Support Enquiries: support@digitalapes.at