Terms and Conditions
Terms and conditions
These terms and conditions apply to all orders and deliveries by Cards Center. Click on an article to expand it, or use the search field to quickly find the right topic.
The terms and conditions
Definitions
- Cards Center: Cards Center, established in Hulst under Chamber of Commerce (KvK) no. 80699502.
- Customer: the party with whom Cards Center has entered into an agreement.
- Parties: Cards Center and the customer together.
- Consumer: a customer who is also an individual and who acts as a private person.
Applicability of the terms and conditions
- These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Cards Center.
- The parties may only deviate from these terms and conditions if they have expressly agreed to do so in writing.
- The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Prices
- All prices used by Cards Center are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated or agreed otherwise.
- Cards Center may change at any time all prices it uses for its products, on its website or that have otherwise been made known.
- Increases in the cost prices of products or parts thereof, which Cards Center could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
- In the event of a pricing error, Cards Center has the right to cancel the sale of the individual item, which will result in a refund of the item concerned to the consumer.
- The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.
Payments and payment term
- When entering into the agreement, Cards Center may require a deposit of up to 50% of the agreed amount.
- The customer must have made deferred payments via Klarna within the agreed number of days after delivery.
- Payment terms are regarded as strict deadlines. This means that if the customer has not paid the agreed amount by the last day of the payment term at the latest, they are in default by operation of law, without Cards Center having to send the customer a reminder or give notice of default.
- Cards Center reserves the right to make a delivery conditional on immediate payment or to demand security for the total amount of the services or products.
Consequences of late payment
- If the customer does not pay within the agreed term, Cards Center is entitled to charge the statutory interest of 2% per month for non-commercial transactions and the statutory interest of 8% per month for commercial transactions from the day the customer is in default, whereby part of a month is counted as a whole month.
- When the customer is in default, they also owe Cards Center extrajudicial collection costs and any damages.
- The collection costs are calculated on the basis of the Dutch Extrajudicial Collection Costs (Compensation) Decree (Besluit vergoeding voor buitengerechtelijke incassokosten).
- If the customer does not pay on time, Cards Center may suspend its obligations until the customer has fulfilled their payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Cards Center's claims against the customer become immediately due and payable.
- If the customer refuses to cooperate in the performance of the agreement by Cards Center, they are still obliged to pay the agreed price to Cards Center.
Right of reclamation
- As soon as the customer is in default, Cards Center is entitled to invoke the right of reclamation with regard to the unpaid products delivered to the customer.
- Cards Center invokes the right of reclamation by means of a written or electronic notification.
- As soon as the customer has been notified that the right of reclamation has been invoked, the customer must immediately return the products to which this right relates to Cards Center, unless the parties make other arrangements about this.
- The costs of collecting or returning the products are borne by the customer.
Right of withdrawal
- A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason.
- The 14-day cooling-off period referred to in paragraph 1 starts on the day after the consumer has received the last product of 1 order.
- If you exercise your right of withdrawal, the product must be returned to the trader with all supplied accessories and – if reasonably possible – in its original condition and packaging.
- The consumer can make known their invocation of the right of withdrawal via info@cards-center.nl or via the customer service at www.cards-center.nl.
- The consumer is obliged to return the product to Cards Center within 14 days of making known their right of withdrawal, failing which their right of withdrawal will lapse.
- The consumer will be credited within 14 days of registering the returned product.
- By agreeing to purchase digital products, the consumer waives the right of withdrawal.
Respectable purchases
Cards Center is committed to distributing products and single cards as fairly as possible. As a consumer, you are not permitted to buy up the entire stock of a particular product with the aim of taking the best product or card from it and consequently returning all the other products. If this does happen, Cards Center may withhold 15% of the refund of the entire order after a return.
Reimbursement of delivery costs
If the consumer exercises their right of withdrawal and has returned the order as a result, Cards Center will not reimburse the consumer for the shipping costs paid.
Reimbursement of return costs
If the consumer invokes their right of withdrawal and returns the entire order on time, the costs of returning the entire order are borne by the consumer.
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.
Right of retention
- Cards Center may invoke its right of retention and in that case retain products of the customer until the customer has paid all outstanding invoices to Cards Center, unless the customer has provided sufficient security for those costs.
- The right of retention also applies on the basis of previous agreements under which the customer still owes payments to Cards Center.
- Cards Center is never liable for any damage that the customer may suffer as a result of the exercise of its right of retention.
Set-off
Unless the customer is a consumer, the customer waives their right to set off a debt owed to Cards Center against a claim on Cards Center.
Retention of title
- Cards Center remains the owner of all delivered products until the customer has fully met all of their payment obligations to Cards Center under any agreement concluded with Cards Center, including claims relating to failure in performance.
- Until that time, Cards Center may invoke its retention of title and take back the goods.
- Before ownership has passed to the customer, the customer may not pledge, sell, transfer or otherwise encumber the products.
- If Cards Center invokes its retention of title, the agreement is deemed to have been dissolved and Cards Center has the right to claim damages, lost profits and interest.
Delivery
- Delivery takes place while stocks last.
- Delivery takes place at Cards Center, unless the parties have agreed otherwise.
- Products ordered online are delivered to the address specified by the customer.
- If the agreed amounts are not paid, or not paid on time, Cards Center has the right to suspend its obligations until the agreed part has been paid.
- In the event of late payment, there is creditor's default, with the result that the customer cannot hold a late delivery against Cards Center.
Subsequent delivery
Cards Center strives to keep accurate stock records. Nevertheless, it may happen that an ordered item is not (or no longer) in stock or that an error occurs when picking the order.
- Item not (or no longer) available: If an ordered item is not (or no longer) available, Cards Center will inform the customer of this without delay. The agreement relating to that item will then be dissolved. Any amount paid for that item will be refunded without delay.
- Item mistakenly not included (missing item): If an item was mistakenly not included, the customer must report this to Cards Center within 14 days of receiving the parcel.
For missing items with a combined value of €13,50 or more, Cards Center will by default send a subsequent delivery free of charge.
For missing items with a lower value, Cards Center reserves the right, in the interest of efficient handling, to offer a refund of the purchase amount by default.
Cards Center reserves the right to offer an alternative solution in the event of repeated or implausible reports.
Delivery time
- The delivery times stated by Cards Center are indicative and, if exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
- The delivery time starts at the moment the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation of this from Cards Center.
- Exceeding the stated delivery time does not entitle the customer to compensation, nor to the right to terminate the agreement, unless Cards Center is unable to deliver within 14 days after having been given written notice to do so, or the parties have agreed otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by them can take place in good time.
Transport costs
Transport costs are payable by the customer, unless the parties have agreed otherwise.
Packaging and shipping
- If the packaging of a delivered product has been opened or damaged, the customer must, before accepting the product, have the forwarder or courier make a note of this, failing which Cards Center cannot be held liable for any damage.
- If the customer arranges transport of a product themselves, they must report any visible damage to products or packaging to Cards Center prior to transport, failing which Cards Center cannot be held liable for any damage.
Storage
- If the customer takes delivery of ordered products later than the agreed delivery date, the risk of any loss of quality lies entirely with the customer.
- Any additional costs resulting from early or late acceptance of products are entirely payable by the customer.
Warranty
- The warranty on products applies exclusively to defects caused by faulty manufacture, construction or material. Misprints, miscuts or other defects caused by the production of The Pokémon Company are not covered by the warranty conditions of Cards Center. These can only be reported directly to The Pokémon Company, which will handle these complaints further.
- The warranty does not apply in the case of normal wear and tear or damage resulting from accidents, modifications made to the product, negligence or improper use by the customer, nor when the cause of the defect cannot be clearly established. The customer must always take care to store and keep purchased products properly.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties passes to the customer at the moment they are legally and/or actually delivered, or at least come under the control of the customer or of a third party who receives the product on behalf of the customer.
Exchanges
- Exchanging purchased items is only possible if the following condition is met: the exchange takes place within 14 days of purchase upon presentation of the original invoice, the product is returned in its original packaging or with the seal intact without visible signs of use, and the product has not yet been used.
- Reduced items, bundle products, second-hand single cards, mystery boxes and gift cards cannot be exchanged.
Indemnification
The customer indemnifies Cards Center against all claims by third parties relating to the products and/or services supplied by Cards Center.
Customer responsibility for parcels not received
If a parcel is shown as delivered according to the tracking information but has not been received, the customer is obliged to report this within 24 hours to the parcel service and to us, Cards Center. You can do so via this link.
If a parcel has been marked by the carrier as "delivered" at the delivery address but has not been received by the customer, the claim must be submitted within 10 days of the date and time at which the carrier marked the parcel as delivered.
If this is not done within this period, an investigation and/or claim is no longer possible and Cards Center is no longer responsible for the parcel not being received.
Complaints
- In the event of complaints, a consumer must first contact the trader. If the webshop is affiliated with WebwinkelKeur, and in the case of complaints that cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option of having their complaint handled by the independent disputes committee appointed by WebwinkelKeur; its ruling is binding and both trader and consumer agree to this binding ruling. Submitting a dispute to this disputes committee involves costs, which must be paid by the consumer to the committee concerned. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
- The customer must examine a product supplied or service provided by Cards Center for any shortcomings as soon as possible.
- If a product supplied or service provided does not meet what the customer could reasonably expect from the agreement, the customer must inform Cards Center as soon as possible, but in any event within 24 hours of discovering the shortcomings.
- Consumers must inform Cards Center of this no later than 48 hours after discovering the shortcomings.
- In doing so, the customer must provide as detailed a description of the shortcoming as possible, so that Cards Center is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in no event result in Cards Center being obliged to carry out work other than that which has been agreed.
- If the customer is dissatisfied with the services of Cards Center, the customer shall inform Cards Center of this as soon as possible and the parties will try to reach an informal solution.
- If the route followed in paragraph 1 does not lead to a satisfactory solution, the customer may submit a complaint to the disputes committee of WebwinkelKeur.
- If a complaint is found to be justified by the trader, the trader will, at its discretion, either replace or repair the products supplied free of charge.
Notice of default
- The customer must give notice of default to Cards Center in writing.
- It is the responsibility of the customer to ensure that a notice of default actually reaches Cards Center (in good time).
Joint and several liability of the customer
If Cards Center enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts they owe to Cards Center under that agreement.
Liability of Cards Center
- Cards Center is only liable for any damage suffered by the customer if and insofar as that damage was caused by intent or deliberate recklessness.
- If Cards Center is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
- Cards Center is never liable for indirect damage, such as consequential damage, loss of profit, missed savings or damage to third parties.
- If Cards Center is liable, this liability is limited to the amount paid out under a (professional) liability insurance policy taken out, and in the absence of (full) payment of the amount of damage by an insurance company, the liability is limited to the (part of the) invoice amount to which the liability relates.
- All images, photos, colours, drawings and descriptions on the website or in a catalogue are for guidance only and approximate, and cannot give rise to compensation and/or (partial) termination of the agreement and/or suspension of any obligation.
Limitation period
Any right of the customer to compensation from Cards Center lapses in any event 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right of termination
- The customer has the right to terminate the agreement if Cards Center attributably fails to fulfil its obligations, unless this failure, given its special nature or minor significance, does not justify termination.
- If performance of the obligations by Cards Center is not permanently or temporarily impossible, termination can only take place after Cards Center is in default.
- Cards Center strives for accurate pricing. All offers and prices on the website or in other communications are without obligation and may contain errors. Cards Center reserves the right not to accept orders based on obvious or conspicuous pricing errors, or to annul the agreement concluded on that basis on the grounds of error. Cards Center will inform the customer of this in writing or by email as soon as possible. Any payment already made will be refunded without delay. Cards Center is not obliged to deliver at an incorrect, obviously erroneous price.
- Cards Center has the right to terminate the agreement with the customer if the customer does not fulfil its obligations under the agreement in full or on time, after the customer has been given notice of default in writing or by email and has been given a reasonable period of at least 14 days to remedy the failure, or if Cards Center has become aware of objective circumstances that give good reason to fear that the customer will not be able to fulfil its obligations and the customer, at the request of Cards Center, does not provide sufficient security for performance within a reasonable period.
- Cards Center reserves the right to terminate the agreement with the customer if the customer engages in intimidation or abuse through telephone or written contact, including the use of swear words or offensive language.
- Cards Center reserves the right to unilaterally terminate an agreement with the customer, or not to process or to cancel an order, if it has reasonable grounds to believe that the order is susceptible to fraud.
- Circumstances susceptible to fraud include, but are not limited to: an unusual or inconsistent pattern of payment attempts, the use of varying or incorrect personal details, orders of unusually high value, or other actions that conflict with reasonable commercial practice.
- When applying this article, Cards Center will inform the customer of this as soon as possible and any payments already made will be refunded.
Force majeure
- In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Cards Center to fulfil any obligation towards the customer cannot be attributed to Cards Center in a situation beyond the control of Cards Center, which wholly or partly prevents the fulfilment of its obligations towards the customer or as a result of which the fulfilment of its obligations cannot reasonably be required of Cards Center.
- The force majeure situation referred to in paragraph 1 also includes, but is not limited to: states of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, couriers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a force majeure situation arises as a result of which Cards Center cannot fulfil one or more obligations towards the customer, those obligations will be suspended until Cards Center is able to fulfil them again.
- From the moment a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement wholly or partly in writing.
- In a force majeure situation, Cards Center owes no compensation whatsoever, not even if it derives any benefit as a result of the force majeure situation.
Amendment of the agreement
- If, after the agreement has been concluded, it proves necessary for its performance to amend or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.
- The preceding paragraph does not apply to products purchased in a physical shop.
Amendment of the general terms and conditions
- Cards Center is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be implemented at any time.
- Cards Center will discuss major substantive changes with the customer in advance wherever possible.
- In the event of a material change to the general terms and conditions, consumers are entitled to cancel the agreement.
Transfer of rights
- Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Cards Center.
- This provision applies as a stipulation with effect under property law as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general terms and conditions prove to be null and void or voidable, this does not affect the other provisions of these terms and conditions.
- In that case, a provision that is null and void or voidable will be replaced by a provision that comes closest to what Cards Center had in mind on that point when drawing up the terms and conditions.
Applicable law and competent court
- Every agreement between the parties is governed exclusively by Dutch law.
- The Dutch court in the district where Cards Center is established / practises / has its office has exclusive jurisdiction to hear any disputes between the parties, unless the law mandatorily prescribes otherwise.



