Terms of service

Document type: terms and conditions — Author: RareCards — Date: 15-01-2025 — Status: final — Version: 1.0

These terms and conditions were drawn up in Dutch. In the event of any discrepancy between this translation and the Dutch original, the Dutch text prevails.

General Terms and Conditions

Article 1 - Definitions
Article 2 - Identity of the trader
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in the event of withdrawal
Article 8 - Exclusion of the right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and performance
Article 12 - Continuing transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or differing provisions
Article 17 - Margin scheme

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise their right of withdrawal.
Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the trader.
Day: calendar day.
Continuing transaction: a distance contract relating to a series of products and/or services, the obligation to supply and/or purchase of which is spread over time.
Durable medium: any means enabling the consumer or trader to store information addressed personally to them in a way that permits future consultation and unaltered reproduction.
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period.
Model form: the form the trader makes available for withdrawal.
Trader: the natural or legal person who offers products and/or services to consumers at a distance.
Distance contract: a contract concluded using only one or more means of distance communication.
Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being in the same room at the same time.
General Terms and Conditions: these general terms and conditions of the trader.

Article 2 - Identity of the trader

RareCards
Pick-up location: Cruquiuszoom 51, 2142 EW Cruquius (the Netherlands)
Telephone number: +31 6 22050926 (WhatsApp)
Email address: info@rarecards.nl
Chamber of Commerce (KvK) number: 42030260
VAT identification number: NL869384806B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
Before a distance contract is concluded, the text of these terms and conditions is made available to the consumer. If this is not possible, it will be stated where the terms and conditions can be inspected and that they will be sent free of charge on request.
If the contract is concluded electronically, the text of these terms and conditions may be made available electronically in such a way that the consumer can easily store it on a durable medium.
If, in addition to these terms and conditions, specific product or service conditions also apply, the consumer may, in the event of conflicting terms, rely on the provision that is most favourable to them.
If any provision proves to be void or voidable, the remaining provisions remain in force and the provision concerned will be replaced by one that approximates the original as closely as possible.
Situations not covered by these terms and conditions will be assessed in the spirit of these terms and conditions. Any ambiguities will likewise be interpreted in the spirit of these terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be stated explicitly in the offer.
The offer is without obligation. The trader is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to assess the offer properly. If the trader uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on the trader.
All images and specifications in the offer are indicative and cannot give rise to compensation or cancellation of the contract.
Images accompanying products are a truthful representation of the products offered. The trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
Every offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price including taxes;
any shipping costs;
the way in which the contract will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the period for accepting the offer, or the period within which the trader guarantees the price;
the rate for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract will be archived after conclusion and, if so, how the consumer can consult it;
the way in which the consumer can check and, if desired, correct the data they have provided in connection with the contract before the contract is concluded;
any languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader has subscribed and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuing transaction.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions attached to it.
If the consumer has accepted the offer electronically, the trader will confirm receipt of the acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may cancel the contract.
If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures for this purpose.
The trader may – within the limits of the law – investigate whether the consumer is able to meet their payment obligations, as well as all facts and factors that are relevant to responsibly entering into a distance contract. If, on the basis of this investigation, the trader has good grounds for not entering into the contract, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
The trader will send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:

the visiting address of the trader's establishment where the consumer can go with complaints;
the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded;
information about warranties and existing after-sales service;
the details set out in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided these details to the consumer before performance of the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of a continuing transaction, the provision in the previous paragraph applies only to the first delivery.
Every contract is entered into subject to the condition precedent of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

For the delivery of products:

When purchasing products, the consumer has the option of cancelling the contract without giving reasons for a period of 14 days. This cooling-off period begins on the day after the consumer, or a representative designated in advance by the consumer and made known to the trader, receives the product.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. If the product is damaged, or the packaging is damaged more than is necessary to try out the product, the trader may charge the consumer for this reduction in value. So please handle the product with care and make sure it is well packed when you return it.
If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the trader of this within 14 days of receiving the product. The consumer must give this notification using the model form. After the consumer has stated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered were returned in time, for example by means of proof of postage.
Please note: these are the return conditions for consumer orders. The right of withdrawal under the Dutch Civil Code applies only to consumers. The right of withdrawal does not apply to business orders (B2B) of trading cards. For those, please see the return conditions on our website under the heading Shipping and Returns.

For the delivery of services:

When services are delivered, the consumer has the option of cancelling the contract without giving reasons for a period of at least 14 days, beginning on the day the contract is entered into.
In order to exercise their right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or at the latest upon delivery.

Article 7 - Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, they will bear no more than the costs of returning the goods.
If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer, or that conclusive proof of complete return can be provided. Refunds will be made using the same payment method that the consumer used, unless the consumer expressly consents to a different payment method.
If the product is damaged as a result of careless handling by the consumer themselves, the consumer is liable for any reduction in the value of the product.
The consumer cannot be held liable for any reduction in the value of the product if the trader has not provided all legally required information about the right of withdrawal; this must be done before the purchase agreement is concluded.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, or at least in good time before the contract is concluded.
Exclusion of the right of withdrawal is only possible for products:

that have been created by the trader in accordance with the consumer's specifications;
that are clearly personal in nature;
that by their nature cannot be returned;
that can spoil or age quickly;
whose seal has been broken, such as booster packs, sealed boxes and other closed products;
whose price is subject to fluctuations on the financial market over which the trader has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software whose seal the consumer has broken;
for hygiene products whose seal the consumer has broken.

Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period;
the delivery of which has begun with the consumer's express consent before the cooling-off period has expired;
concerning betting and lotteries.

Article 9 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, the trader may offer products or services with variable prices where the prices are subject to fluctuations on the financial market over which the trader has no influence. This link to fluctuations, and the fact that any prices stated are target prices, will be stated with the offer.
Price increases within 3 months of the conclusion of the contract are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:

they result from statutory regulations or provisions; or
the consumer is entitled to terminate the contract with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
Please note: the warranty lapses for trading card products that have been opened or damaged. Exchanging single cards is not possible.
A warranty provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract.
Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks of delivery. If the product is damaged, or the packaging is damaged more than is necessary to try out the product, the trader may charge the consumer for this reduction in value. So please handle the product with care and make sure it is well packed when you return it.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

the consumer has repaired and/or modified the delivered products themselves, or has had them repaired and/or modified by third parties;
the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly, or have been handled contrary to the trader's instructions and/or the instructions on the packaging;
the defect is wholly or partly the result of regulations that the government has laid down or will lay down regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

The trader will exercise the greatest possible care when receiving and performing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to cancel the contract free of charge. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any periods stated. Exceeding a period does not entitle the consumer to compensation.
In the event of cancellation in accordance with paragraph 3 of this article, the trader will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
If delivery of an ordered product proves impossible, the trader will make every effort to provide a replacement item. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the trader.
The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.
Cards that have been opened, removed from their packaging or visibly tampered with will not be accepted back. Only unopened products in their original condition and packaging are eligible for return.

Article 12 - Continuing transactions: duration, termination and renewal

Termination

The consumer may at any time terminate a contract entered into for an indefinite period which extends to the regular delivery of products (including electricity) or services, observing the agreed termination rules and a notice period of no more than one month.
The consumer may at any time terminate a contract entered into for a fixed period which extends to the regular delivery of products (including electricity) or services, with effect from the end of the fixed term, observing the agreed termination rules and a notice period of no more than one month.
The consumer may, with regard to the contracts referred to in the previous paragraphs:

terminate them at any time and not be restricted to termination at a specific time or during a specific period;
terminate them at least in the same way as they entered into them;
always terminate them with the same notice period as the trader has stipulated for themselves.

Renewal

A contract entered into for a fixed period which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
Contrary to the previous paragraph, a contract entered into for a fixed period which extends to the regular delivery of daily newspapers, news magazines, weeklies and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer can terminate this renewed contract towards the end of the renewal with a notice period of no more than one month.
A contract entered into for a fixed period which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months where the contract extends to the regular but less than monthly delivery of daily newspapers, news magazines, weeklies and magazines.
A contract of limited duration for the regular introductory delivery of daily newspapers, news magazines, weeklies and magazines (a trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed term.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days of the start of the cooling-off period referred to in Article 6. In the case of a contract for the provision of a service, this period begins after the consumer has received confirmation of the contract.
The consumer has a duty to report any inaccuracies in payment details provided or stated to the trader without delay.
In the event of non-payment by the consumer, the trader has the right, subject to statutory restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the trader are answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will reply within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, the consumer may turn to WebwinkelKeur (www.webwinkelkeur.nl), with which the trader is affiliated. WebwinkelKeur will mediate free of charge. Check whether this webshop has a current membership at: https://www.webwinkelkeur.nl/leden/
If no solution is 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 the trader and the consumer agree to this binding ruling. Submitting a dispute to this disputes committee involves costs which the consumer must pay to the committee concerned.
A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
If the trader finds a complaint to be well founded, the trader will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Contracts between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law. This also applies if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or differing provisions

Additional provisions, or provisions differing from these general terms and conditions, may not be to the consumer's detriment and must be recorded in writing, or in such a way that the consumer can store them in an accessible manner on a durable medium.

Article 17 - Margin scheme

Certain products in RareCards' range fall under the margin scheme. This mainly concerns second-hand goods, collectibles and other items for which VAT is not calculated on the selling price but only on the profit margin.
For products that fall under the margin scheme, no VAT is stated on the invoice. Instead, the following text is included on the invoice: "(margin scheme)".
The margin scheme does not apply to new products, or to products for which it is explicitly stated that they are excluded from the margin scheme.
For further information about the margin scheme, or about specific products that fall under this scheme, the consumer can contact RareCards using the contact details stated in Article 2 of these general terms and conditions.