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Terms & Conditions

ARTICLE 1 - DEFINITIONS
The following definitions apply to these terms and conditions:

  1. Entrepreneur: the natural or legal products and / or remote services and consumer services;
  2. Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the entrepreneur;
  3. Distance agreement: an agreement in which, within the framework of a system for the distance sale of products and/or services organized by the entrepreneur, exclusive use is made of one or more techniques for distance communication until the conclusion of the agreement;
  4. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time; 5. Withdrawal period: the period within which the consumer can exercise his right of withdrawal;
  5. Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
  6. Day: calendar;
  7. Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
  8. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unchanged reproduction of the stored information.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
PokePackShop.nl is part of Codiro BV
bellow road 6
1764KB Breezand
The Netherlands
Phone number: +31 (0)6 58 94 50 12
E-mail address hello@pokepackshop.nl
Chamber of Commerce: 71320180
VAT identification number: NL858668221B01

ARTICLE 3 – APPLICABILITY

These general conditions apply to every offer of the entrepreneur and any agreement reached at a distance between businesses and consumers.

  1. Before the distance contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, indicated that the general conditions for the entrepreneur to see and they will be sent. As soon as possible free of charge to the consumer
  2. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be read by the consumer. are stored in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
  3. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most advantageous to him.

ARTICLE 4 – THE OFFER

  1. If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
  • The price including taxes;
  • the possible costs of delivery;
  • the manner in which the agreement is concluded and what actions are required for this;
  • whether the right of withdrawal applies;
  • the method of payment, delivery or execution of the agreement;
  • the period for accepting the offer or the period for retaining the price;
  • the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the basic rate;
  • if the agreement is archived after conclusion, how the consumer can consult it;
  • the way in which the consumer can take note of actions that he does not want before concluding the agreement, as well as the way in which he can undo them before concluding the agreement;
  • the possible languages ​​in which, in addition to Dutch, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; And
  • the minimum duration of the distance contract if it concerns an agreement that extends to continuous or periodic delivery of products or services.

ARTICLE 5 – THE AGREEMENT

  1. The agreement is concluded, with due observance of the provisions of paragraph 4, when the consumer accepts the offer and meets the conditions set.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer can terminate the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur can - within the law - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
  5. The entrepreneur sends the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
    the visiting address of the entrepreneur's branch where the consumer can go with complaints; B. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    C. the information about existing after-sales service and warranties;
    D. the information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer for the execution of the agreement;
    e. the requirements for terminating the contract if the contract has a duration of more than one year or is indefinite.
  6. If the entrepreneur undertakes to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.

ARTICLE 6A – RIGHT OF WITHDRAWAL ON DELIVERY OF PRODUCTS

  1. When purchasing products, the consumer has the option to terminate the agreement without giving reasons within fourteen working days. This period starts on the day after receipt of the product by or on behalf of the consumer. You also have another fourteen days to return the product to us.
  2. During this period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

ARTICLE 6B – RIGHT OF WITHDRAWAL ON DELIVERY OF SERVICES

  1. When providing services, the consumer has the option to terminate the agreement without giving reasons within fourteen working days, starting on the day of entering into the agreement. You also have another fourteen days to return the product to us.
  2. To exercise his right of withdrawal, the consumer must adhere to the reasonable and clear instructions that the entrepreneur has provided with the offer and/or at the latest upon delivery.

ARTICLE 7 – COSTS OF WITHDRAWAL

  1. If the consumer exercises his right of withdrawal, the maximum costs of return shipping will be borne.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than fourteen days after return or cancellation.

ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL

  1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time before concluding the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    a) that have been created by the entrepreneur in accordance with the consumer's specifications;
    b) which are clearly personal in nature;
    c) which by their nature cannot be returned;
    d) which can spoil or age quickly;
    e) the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
    f) for loose newspapers and magazines;
    g) for audio and video recordings and computer software of which the consumer has broken the seal.
    h) for products whose price is subject to fluctuations in the crypto market over which the entrepreneur has no influence;
  3. Exclusion of the right of withdrawal is only possible for services:
    a) concerning accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
    b) the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
    c) regarding betting and lotteries.

ARTICLE 9 – THE PRICE

  1. During the period of validity stated in the offer, the prices of the products and / or services being offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. In contrast to the previous paragraph, the entrepreneur can offer products or services with variable prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This link to fluctuations and the fact that all prices quoted are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legislation or regulations.
  4. Price increases 3 months after the conclusion of the contract are only permitted if the trader has agreed to this and:
    a) they are the result of legal regulations or provisions; or
    b) the consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.
  5. The prices in the range of products or services include VAT.

ARTICLE 10 – CONFORMITY AND WARRANTY

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. regulations.
  2. A scheme offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert with regard to a shortcoming in the fulfillment of the entrepreneur's obligations towards the entrepreneur under the law and/or or the distance contract. .

ARTICLE 11 – DELIVERY AND PERFORMANCE

  1. The entrepeneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has informed to the company.
  3. Taking into account what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs.
  4. In case of dissolution in accordance with the preceding paragraph, the trader will refund the consumer as soon as possible, but no later than paid 30 days after repudiation.
  5. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are borne by the entrepreneur.
  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

ARTICLE 12 – DURATION OF TRANSACTIONS

  1. The consumer can cancel an agreement that has been entered into for an indefinite period at any time, taking into account the agreed cancellation rules and a notice period of a maximum of one month.
  2. An agreement entered into for a fixed period has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the agreement will be continued as an agreement for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.

ARTICLE 13 - PAYMENT

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of an agreement to provide a service, within 14 days after delivery of the related documents. agreement .
  2. When selling products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the advance payment has been made.
  3. The consumer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.
  4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
  5. If the order is paid with cryptocurrency, it will be canceled. We can only re-determine the value in cryptocurrency at the current rate because it will be exchanged for fiat upon completion.

ARTICLE 14 – COMPLAINTS

  1. The entrepreneur has a well-publicized complaint and handles complaints in the context of this procedure.
  2. Complaints about the implementation of the agreement must promptly, fully and clearly described to be submitted to the entrepreneur, after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within a period of 14 days with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the online store is affiliated with WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer must contact WebwinkelKeur (www.webwinkelkeur.nl ), it will mediate free of charge. Check whether this webshop has an ongoing membership via https://www.webwinkelkeur.nl/ledenlijst/. If a solution is not yet found, the consumer has the option to have his complaint handled by the independent dispute committee appointed by WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this dispute committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

ARTICLE 15 – ADDITIONAL OR OTHER PROVISIONS
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

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