Voorwaarden

These terms and conditions of sale (“Terms”) govern distance sales concluded on https://pokiven.com between POKIVEN TCG (“the Seller”) and anyone placing an order there (“the Customer”). Placing an order means you have read and accepted these Terms. The French version is the authoritative one.

1. The Seller

POKIVEN TCG, trading as POKIVEN TCG — SAS à associé unique (SASU), share capital 500 €, SIREN 984 891 556, RCS Créteil, registered office and shop: 1 rue Charpy, 94000 Créteil, France.

Contact: through the Contact page.

Full legal information is in the legal notice.

2. Scope

The website is aimed at consumers — individuals acting for purposes outside their trade, business, craft or profession — and at businesses. Provisions reserved for “consumers” apply to consumers only. The Customer declares to be of legal age and able to contract; a minor needs the consent of a legal guardian.

3. Products

The Seller offers collectible cards and related products: single Pokémon cards, cards graded by a grading company (PSA, BGS, CGC…), sealed products (displays, boxes, boosters), new releases and pre-orders, and other card games and figures.

• Single cards: each listing gives the set, number, language, rarity and condition (for example Near Mint, Excellent).
• Graded cards: the listing gives the grading company, the grade and the certification number, which the Customer can check with that company.
• Sealed products: sold in their original, unopened packaging.
• Pre-orders and new releases: the release date is an estimate and may be moved by the publisher; the product ships once the Seller has received it.

The description in each listing prevails; photographs are for presentation. Items are offered while stock lasts and are often one-of-a-kind. Pokémon and the other brands mentioned belong to their respective owners; the Seller is neither affiliated with nor sponsored by them.

4. Ordering

The ordering process is:

1. Order request: the Customer picks items, enters their details and delivery address, accepts these Terms and sends the request. No payment is taken at this stage; an e-mail acknowledges receipt.
2. Availability check: the Seller checks that each item is available in the condition described.
3. Payment: the Customer receives, by e-mail and on the order tracking page, the final amount and the way to pay: a secure online payment link or a bank transfer.
4. Preparation and shipping: once payment is received the order is prepared and shipped with tracking.

The contract is concluded when the Customer pays the amount requested; by paying, the Customer acknowledges placing an order with an obligation to pay. If an item is no longer available the Seller informs the Customer, who may keep the rest of the order or cancel it free of charge, and any amount already paid is refunded. The Seller may refuse an order for a legitimate reason (previous dispute, abnormal request, unusable address). The Customer follows their order on the tracking page with the order number and e-mail address, or from their customer account.

5. Prices

Prices are in euros, all applicable taxes included for consumers, excluding delivery costs. Delivery costs are a flat fee: 48 € for delivery to France and 77 € for delivery to any other country served; they are added to the price of the items and shown, with the total to pay, before payment. The applicable price is the one displayed when the order request is made; in case of an obvious pricing error the Seller may cancel the order concerned, informing the Customer and refunding any payment already made.

6. Payment

The Customer pays the total using one of the means offered for their order:

• Online card payment on the secure page of a payment provider (PayMeGate, Paylio, Rivoner or PaymentWings, depending on the gateway available when the order is placed). Card details are entered directly with the provider; the Seller never has access to them. Depending on the provider the amount may be converted into another currency (for example US dollars) at the time of payment; the euro amount shown to the Customer remains the reference, and any currency conversion fees charged by the Customer's bank are theirs to bear.
• Bank transfer to the account whose details are sent by e-mail, quoting the order number; the Customer then sends proof of payment.

Items are held only once payment is received. If payment is not made within a reasonable time the Seller may cancel the order and put the items back on sale. The Seller may offer another means of payment if the one chosen is temporarily unavailable. Items remain the Seller's property until the price is paid in full.

For business customers, late payment automatically triggers penalties of three times the legal interest rate and a fixed recovery fee of €40 (articles L441-10 and D441-5 of the French Commercial Code).

7. Delivery and collection

Orders are shipped with tracking to: France, Belgium, Switzerland, Luxembourg, Germany, Spain, Italy, the Netherlands, the United Kingdom, the United States and Canada. For any other country, contact the Seller before ordering. Delivery within 24 hours in France (48 €) and within 72 hours to other countries (77 €), counted from the dispatch of the order, which takes place once payment is received. Cards and sealed products are packed with suitable protection (sleeves, top-loaders, reinforced boxes).

In any event, delivery takes place within 30 days of the conclusion of the contract at the latest (article L216-1 of the French Consumer Code). In case of delay, a consumer may call on the Seller to deliver within a reasonable additional period and, failing that, terminate the contract under articles L216-2 and L216-3.

For deliveries outside the European Union (Switzerland, United Kingdom, United States, Canada…), any customs duties, taxes and import charges are payable by the Customer. Collection at the shop (address in section 1) is possible by prior agreement with the Seller.

Risk passes to the consumer when they physically take possession of the items (article L216-4) and, for business customers, when the items are handed to the carrier. On receipt the Customer checks the parcel; in case of damage or missing items they state precise reservations to the carrier and tell the Seller within 48 hours, with photographs.

8. Right of withdrawal (consumers)

Consumers have 14 days from receipt of their order to withdraw without giving a reason and without penalty (article L221-18 of the French Consumer Code). They notify the Seller by an unambiguous statement, for example with the form below, through the Contact page.

They return the items, complete and in their original condition, no later than 14 days after telling the Seller of their decision, following the Seller's instructions and packing the cards, which are fragile, with care. Returns are free: the Seller pays the return shipping costs. The consumer contacts the Seller before sending the items back to receive the return instructions (article L221-23). The Seller refunds all sums paid, including standard delivery costs, within 14 days of being informed of the withdrawal, and may withhold the refund until the items are received or proof of shipment is provided. The refund uses the same means of payment as the initial payment unless the consumer agrees otherwise.

The consumer is liable for any loss in value of the items resulting from handling beyond what is necessary to establish their nature and characteristics: for example a card taken out of its sleeve and damaged, or an opened sealed product. A sealed product that has been opened can no longer be taken back as sealed. The right of withdrawal also applies to items won by a consumer in an online auction. It does not apply to business customers.

9. Legal guarantees and authenticity

Legal guarantee of conformity and hidden defects. Consumers benefit from the legal guarantee of conformity (articles L217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 to 1649 of the French Civil Code).

The consumer has two years from delivery to rely on the legal guarantee of conformity if a lack of conformity appears. During that period the consumer only has to prove the lack of conformity, not when it arose. The guarantee entitles the consumer to repair or replacement within thirty days of the request, free of charge and without major inconvenience. If the item is repaired under the guarantee, the guarantee is extended by six months. If the seller refuses to repair or replace, if this takes longer than thirty days or causes major inconvenience, the consumer may obtain a price reduction while keeping the item, or terminate the contract and be fully refunded against return of the item; there is no right to terminate if the lack of conformity is minor. These rights derive from articles L217-1 to L217-32 of the French Consumer Code. The guarantee against hidden defects may be exercised within two years of discovering the defect and entitles the buyer to a price reduction or a refund against return of the item.

Conformity is assessed against the listing description: the condition of a collectible card (for example Near Mint) is an assessment made according to market practice; graded cards are guaranteed to match the grade and certification shown, and sealed products to be in their original sealed state. Normal wear on an item described as used is not a lack of conformity.

Business customers. Items are sold in the condition described in the listing. Any conformity claim (nature, condition, quantity) must be made in writing, with photographs, within 8 days of receipt; otherwise the order is deemed accepted. If non-conformity is established the Seller offers, at its choice, replacement, a credit note or a refund of the non-conforming part.

10. Online auctions

Some items are offered at auction on the site. The following rules apply in addition to these Terms:

• Every bid is binding: the bidder provides their details and delivery address and undertakes to buy the item if declared the winner.
• The minimum next bid is shown on the listing. The system may bid automatically on the bidder's behalf up to their maximum, never beyond it; the price displayed is the current price, not the maximum entered.
• If a bid is placed in the last minutes, the closing time is extended by the duration shown on the listing.
• If a reserve price is announced and not reached at closing, the item is not sold.
• At closing the winner is notified by e-mail with the amount to pay and the means of payment; payment must be made within the period stated in that message. Otherwise the Seller may cancel the sale and offer the item to another bidder or put it back on sale.
• The Seller may pause or cancel an auction in case of an obvious error or if the item is unavailable.

11. Selling your cards to the Seller

The Seller buys cards from individuals and businesses. A buy-back request sent from the site, with or without photographs, is only an invitation to talk: the Seller replies with an indicative offer, which may be adjusted after examining the cards. The sale is concluded only when both parties agree on the price and the cards concerned. The Seller may ask for proof of identity and record the transaction in the register that the law requires of buyers of second-hand goods. A person selling cards guarantees that they own them and that they are genuine. Payment is made by bank transfer or at the shop. Requests can be followed from the customer account.

12. Customer account

Customers may create an account to follow their orders, save addresses, keep favourites, receive back-in-stock and price-drop alerts, follow auctions and manage their collection. The Customer chooses a personal password and keeps it confidential; they can edit their details, export their data or delete their account at any time. The Seller may suspend an account in case of fraudulent use or use contrary to these Terms.

13. Intellectual property

Texts, images, logos and graphics on the site belong to the Seller or are used with their owners' permission. Unauthorised reproduction is prohibited. Game and character names mentioned are trademarks of their owners; POKIVEN TCG is not affiliated with any of them.

14. Liability and force majeure

The Seller is not liable for failure or delay in performing the contract caused by force majeure (article 1218 of the French Civil Code), by a third party or by the Customer. Towards business customers, the Seller's liability is limited to the amount of the order concerned and excludes indirect loss (loss of revenue, margin or customers).

15. Personal data

Personal data is processed in accordance with our privacy policy and our cookie policy.

16. Complaints and consumer mediation

Complaints may be sent through the Contact page, quoting the order number. The Seller aims to answer within a few days.

If a dispute remains unresolved after a written complaint, the consumer may use, free of charge, the consumer mediator the Seller has joined; the details are provided on simple request.

17. Governing law and jurisdiction

These Terms are governed by French law and drafted in French, which prevails. A consumer may bring proceedings, at their choice, before the courts of the place where they lived when the contract was concluded or when the damage occurred, or any other competent court. For business customers the courts of the Seller's registered office have sole jurisdiction.

Annex — Withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To POKIVEN TCG, 1 rue Charpy, 94000 Créteil:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*):

• Order number:
• Ordered on (*) / received on (*):
• Name of consumer(s):
• Address of consumer(s):
• Signature of consumer(s) (only if this form is notified on paper):
• Date:

(*) Delete as appropriate.