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Terms and Conditions

ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms, always capitalized, are used with the following meaning.
  1. Pokéreus: the user of these general terms and conditions, located at Mina Krusemanstraat 24, 3207 DE in Spijkenisse, registered in the Trade Register under Chamber of Commerce number 84905026.
  2. Customer: anyone with whom Pokéreus has entered into or intends to enter into an Agreement.
  3. Parties: Pokéreus and the Customer jointly.
  4. Agreement: any agreement concluded between the Parties through the ordering process in the Webshop, in the context of which Pokéreus has committed itself to the Customer to deliver Products.
  5. Products: the goods to be delivered by Pokéreus to the Customer in the context of the Agreement, which may include Pokémon articles, such as Pokémon cards.
  6. Webshop: www.pokereus.nl.
  7. Written: communication in writing, communication by e-mail or any other form of communication that can be equated with this in view of the state of the art and the prevailing views in society.
ARTICLE 2. | APPLICABILITY
These general terms and conditions apply to every offer from Pokéreus in the Webshop and every Agreement that has been concluded.
ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT
  1. Any offer from Pokéreus is without obligation and subject to sufficient availability of the Products offered. Pokéreus can still revoke its offer until immediately, at least as soon as possible after the order has been placed by the Customer. If in such a case payment has already been made by the Customer, it will be refunded as soon as possible, but no later than one working day.
  2. The Customer cannot derive any rights from an offer from Pokéreus that contains an obvious error or mistake.
  3. Without prejudice to the provisions of paragraph 1, the Agreement is concluded at the time that the order in the Webshop has been completed and sent by the Customer. Subsequently, without prejudice to the provisions of paragraph 1, the order will be confirmed to the Customer by e-mail as soon as possible.
ARTICLE 4. | RIGHT OF WITHDRAWAL
  1. Subject to the other provisions of this article and in particular the provisions of the following paragraph, the Customer may revoke the Agreement up to 14 days after the Products have been received by or on behalf of it, without giving reasons. If the Customer has added multiple items to the shopping cart in the Webshop, the right of withdrawal can be invoked with regard to each individual item.
  2. The Customer has no right of withdrawal in the case of: the delivery of Products that are not suitable to be returned for reasons of health protection or hygiene and of which the seal has been broken after delivery; the delivery of Products in respect of which the right of withdrawal is otherwise excluded or does not apply pursuant to Section 6.5.2B of the Dutch Civil Code. These grounds are not relevant to Pokéreus' current product range, but if they do arise in future cases, the relevant ground for exclusion will be explicitly stated in the offer for the relevant Product.
  3. The Customer can revoke the Agreement by submitting a request to Pokéreus by using the model withdrawal form offered by Pokéreus, by e-mail or any other unambiguous statement. As soon as possible after Pokéreus has been notified of the Customer's intention to revoke the Agreement and if the conditions of this clause are met, Pokéreus will confirm the revocation of the Agreement by email.
  4. During the period referred to in paragraph 1, the Products to be returned and their packaging must be handled with care. The Customer may handle and inspect the Products only to the extent necessary to assess the nature and characteristics of the Products. The starting point here is that the Products may only be handled and inspected as they would be allowed in a physical store. Delivered Pokémon cards may therefore not be taken out of the fresh packaging. If the Customer acts contrary to the above, Pokéreus is entitled to charge the Customer for a reduction in value in accordance with the provisions of paragraph
  5. If the Customer makes use of the right of withdrawal, he will return the Products undamaged, with any accessories supplied and in the original condition and packaging to Pokéreus.
  6. The Customer is liable for any decrease in value of the Products that is the result of a way of handling the Products that goes beyond what is permitted under paragraph 4. Pokéreus is entitled to charge the Customer for this decrease in value, whether or not this depreciation against the payment already received from the Customer. In the case of delivered Pokémon cards, there is in any case a reduction in value if the sealing of the delivered Pokémon cards is broken.
  7. Return of the relevant Products must take place within 14 days after the Customer has invoked the right of withdrawal in accordance with paragraph 3.
  8. If the Customer makes use of the right of withdrawal, the costs of returning the Products will be borne by the Customer.
  9. Pokéreus will refund any payment already received from the Customer in respect of that part of the order that is being returned, less any reduction in value as referred to in paragraph 6, to the Customer as soon as possible, but no later than 14 days after the cancellation of the Agreement. refund, provided that the Products have been returned to Pokéreus, or if the Customer has demonstrated that the Products have actually been returned. If the right of withdrawal is only applied to part of the order, the shipping costs paid by the Customer in the first instance will not be eligible for refund.
ARTICLE 5. | DELIVERY OF THE PRODUCTS & DELIVERY TERMS
  1. Delivery of the Products takes place by delivery to the delivery address specified by the Customer, unless it has been expressly agreed that the Products will be collected by the Customer at Pokéreus' location at Einsteinweg 11-G in Hellevoetsluis. Collection of the Products as referred to above will only take place on a day and time to be agreed upon between the Parties.
  2. In case of delivery, Pokéreus reserves the right to deliver the order in parts. In that case, any cooling-off period of the Customer in connection with the right of withdrawal will not commence until the last partial delivery from the order has been received by or on behalf of the Customer.
  3. The risk of loss and damage to the Products passes to the Customer at the moment the Products are received by or on behalf of the Customer.
  4. If no delivery period has been expressly agreed, Pokéreus is legally obliged to deliver within thirty days after the conclusion of the Agreement. If a delivery time has been agreed, this is only an indicative, non-fatal period. If Pokéreus does not deliver within thirty days or the agreed delivery period, the default of Pokéreus will not take effect until the Customer has sent Pokéreus a Written notice of default stating a reasonable term within which Pokéreus must still proceed with delivery and delivery also after the expiry of this period. term has expired. The Customer is only entitled to terminate the Agreement for that part to which the default of Pokéreus relates and is entitled to proportional repayment or remission only in the event that Pokéreus is in default. A single exceeding of the delivery term therefore does not entitle the Customer to any compensation.
  5. If Pokéreus incurs additional costs as a result of a circumstance attributable to the Customer, for example in connection with multiple delivery attempts, these additional costs will be borne by the Customer.
ARTICLE 6. | CONFORMITY
  1. Pokéreus guarantees that the Products comply with the Agreement and thus possess those properties that are necessary for normal use thereof (conformity).
  2. The Customer's right to make a claim or defense in connection with the existence of a defect in a Product lapses if no complaint has been made to Pokéreus within two months after the discovery of the defect by the Customer.
  3. No grounds for complaints and claims of non-conformity, are defects of Products as a result of an external cause after delivery or as a result of another circumstance not attributable to Pokéreus. This is understood to mean, without limitation, defects as a result of damage from the outside and incorrect or injudicious use.
  4. Products can, subject to the provisions of Article 4, never be returned without prior Written permission from Pokéreus.
  5. In the event that the Customer makes a valid appeal to non-conformity, the Customer is entitled to repair or replacement or supplementation of what is missing. No costs can be charged to the Customer for exercising these rights. Pokéreus will cooperate within a reasonable time in the repair, replacement or addition of the missing.
ARTICLE 7. | FORCE MAJEUR
  1. Pokéreus is not obliged to fulfill any obligation under the Agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it according to the law, a legal act or generally accepted views (force majeure). Force majeure includes, in addition to what is understood in this regard by law and jurisprudence, transport restrictions, epidemics, pandemics, war and the threat of war, incapacity for work of personnel, fire, measures taken by any government, malfunctions in communication connections or in equipment or software that is used by Pokéreus. is used.
  2. If the force majeure situation makes compliance with the Agreement permanently impossible or continues for more than one month, the Parties are entitled to dissolve the Agreement with immediate effect.
  3. If Pokéreus has already partially fulfilled its delivery obligations upon the occurrence of the force majeure situation, or can only partially fulfill its delivery obligations, it is entitled to separately charge the part of the Agreement that has already been delivered, or the part that can still be delivered, as if there were an independent agreement.
  4. Damage as a result of force majeure is never eligible for compensation, without prejudice to the application of the previous paragraph.
ARTICLE 8. | PRICES, SHIPPING & PAYMENTS
  1. Before the Agreement is concluded, the total price is stated, including VAT and any shipping costs. Shipment is free of charge for the Customer from an order amount of € 150, provided delivery takes place within the Netherlands or Belgium. In case of delivery within Spijkenisse or Hellevoetsluis, delivery is free of charge from an order amount of € 10.
  2. Payment must be made using one of the payment methods offered by Pokéreus. In the event of prepayment, Pokéreus is not obliged to implement the Agreement before the Customer has paid the amount due.
  3. If payment is not made on time, the Client's default will take effect by operation of law. From the day on which the Client is in default, the Client owes the then applicable statutory interest on the outstanding amount.
  4. All reasonable costs, such as judicial, extrajudicial and execution costs, incurred to obtain the amounts owed by the Client, will be borne by the Client. In this respect, there is no derogation from the provisions of the Collection Costs Act to the detriment of the Client.
ARTICLE 9. | LIABILITY
  1. The Customer bears the damage caused by inaccuracies or incompleteness in the information provided by him. Furthermore, the Customer bears the damage caused by a shortcoming in the fulfillment of the Customer's obligations arising from the law or the Agreement, as well as any other circumstance that cannot be attributed to Pokéreus.
  2. The liability of Pokéreus is limited to a maximum of the invoice value of the Agreement, or at least to that part of the Agreement to which the liability of Pokéreus relates, on the understanding that this limitation does not go further than is permitted under Article 7:24 paragraph 2 of the Civil Code.
ARTICLE 10. | COMPLAINT POLICY
  1. Complaints may be submitted to Pokéreus by email or otherwise In Writing.
  2. Complaints submitted to Pokéreus will be answered within a period of seven days after receipt thereof. If a complaint or question requires a longer processing time, a response will be given within the period of seven days with a confirmation of receipt and an indication of when the Customer can expect a more detailed answer.
  3. If a complaint from the Customer cannot be resolved in mutual consultation, the Customer can submit the dispute to the disputes committee via the ODR platform (ec.europa.eu/consumers/odr/).
ARTICLE 11. | FINAL PROVISIONS
  1. Destruction or nullity of one or more of the provisions of these general terms and conditions does not affect the validity of the other provisions. In such a case, the Parties are obliged to enter into mutual consultation in order to make an alternative arrangement with regard to the affected clause. In doing so, the purpose and purport of the original provision will be taken into account as much as possible.
  2. All Products delivered by Pokéreus to the Customer remain the property of Pokéreus until the Customer has fulfilled all its payment obligations in this respect.
  3. Dutch law applies exclusively to each Agreement and all legal relationships arising therefrom between the Parties.
  4. The parties will not appeal to the court until they have made every effort to settle the dispute in mutual consultation.
  5. Only the competent court within the district of the Central Netherlands District Court will be designated in the first instance to take cognizance of any legal disputes between the Parties, without prejudice to the right of Pokéreus to designate another competent court according to the law. However, the Customer is entitled to choose the competent court according to the law within one month after Pokéreus has announced In Writing that it wishes to litigate before the court designated by it.

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