General terms and conditions

Definitions
1. TC&BG: Trading Cards & Board Games, established in Leuven under Chamber of Commerce no. BE0890.813.158.
2. Customer: the person with whom TC&BG has entered into an agreement.
3. Parties: TC&BG and Customer together.
4. Consumer: a Customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions
1. These conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of TC&BG.
2. The parties may only deviate from these conditions if they have expressly agreed to do so in writing.
3. Parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the client or third parties.
 
Offers and quotations
1. Offers and quotations from TC&BG are without obligation, unless explicitly stated otherwise.
2. An offer or quotation is valid for a maximum of 1 month, unless another acceptance period is stated in the offer or quotation. 
3. If the client does not accept an offer or quotation within the applicable period, the offer or quotation shall lapse.
4. Offers and quotations do not apply to repeat orders, unless the parties have expressly agreed this in writing.
 
Acceptance 
1. In the event of acceptance of a quotation or offer without obligation, TC&BG reserves the right to withdraw the quotation or offer within 3 days of receipt of acceptance, without the Customer being able to derive any rights from this. 
2. Verbal acceptance by the client is only binding on TC&BG after the client has confirmed it in writing (or electronically).
 
Prices
1. All prices charged by TC&BG are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless expressly stated otherwise or agreed otherwise.
2. TC&BG may change all prices quoted on its products or services, on its website or otherwise made known at any time. 
3. Increases in the cost price of products or parts thereof that TC&BG could not foresee at the time when it made the offer or concluded the agreement may give rise to price increases. 
4. 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.
 
Samples/models 
If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless parties have explicitly agreed that the products to be delivered correspond with the sample or model. 
 
Consequences of failure to pay on time
1. If the client fails to pay within the agreed period, TC&BG is entitled to charge interest of 1% per month from the day the client is in default, with part of a month being counted as a whole month.
2. If the client is in default, he will also owe TC&BG extrajudicial collection costs and any damages. 
3. The collection costs are calculated on the basis of the Compensation for Extrajudicial Collection Costs Decree (Besluit vergoeding voor buitengerechtelijke incassokosten). 
4. If the client fails to pay on time, TC&BG may suspend its obligations until the client has fulfilled its payment obligation. 
5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the client, TC&BG's claims against the client are immediately due and payable. 
6. If the Customer refuses to cooperate in the execution of the agreement by TC&BG, it is still obliged to pay TC&BG the agreed price. 
 
Right of Claim 
1. As soon as the Customer is in default, TC&BG is entitled to invoke the right to complain about the unpaid products delivered to the Customer.
2. TC&BG invokes the right of complaint by means of a written or electronic communication.
3. As soon as the Customer has been informed of the right of complaint invoked, the Customer must immediately return the products to which this right relates to TC&BG, unless the parties agree otherwise. 
4. The costs of retrieving or bringing back the products will be borne by the Customer.

Right of withdrawal 
1. A consumer may cancel an online purchase during a 14-day cooling-off period without giving a reason, provided that:
- the product has not been used
- it's not a product that can spoil quickly, such as food or flowers
- it is not a product specially made or adapted for the consumer
- it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.).
- the seal is still intact in the case of data carriers with digital content (DVDs, CDs, etc.)
- the product is not a travel, transport ticket, catering order or form of leisure activity
- the product is not a loose magazine or newspaper
- it does not concern (an order for) emergency repairs
- the consumer has not waived his right of withdrawal
2. The cooling-off period of 14 days referred to in paragraph 1 shall commence:
o on the day after the consumer has received the last product or part of 1 order
o as soon as the consumer has received the first product with a subscription
o as soon as the consumer has purchased a service for the first time
o as soon as the consumer has confirmed that he is going to purchase digital content via the Internet
3. Consumers may exercise their right of withdrawal via [email protected], if they so wish, using the withdrawal form which can be downloaded from the TC&BG website, www.tcbg.be.
4. The consumer is obligated to return the product to TC&BG within 14 days after stating his right of withdrawal, failing which his right of withdrawal will lapse. 
5. TC&BG will only be liable for the costs of returning the product if the complete order is returned.
6. If the purchase costs and any other costs (such as postage and return costs) are eligible for a refund under the law, TC&BG will refund these costs to the consumer within 14 days of receipt of timely recourse to the right of withdrawal, provided that the consumer has returned the product to TC&BG in good time.
 
Right of suspension 
Unless the customer is a consumer, the customer waives the right to suspend the fulfilment of any obligation arising from this agreement. 
 
Right of retention 
1. TC&BG may invoke its right of retention and, in that case, retain the Customer's products until the Customer has paid all outstanding invoices in respect of TC&BG, unless the Customer has provided sufficient security for those costs. 
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to TC&BG.
3. TC&BG will never be liable for any loss or damage that the Customer may suffer as a result of exercising its right of retention.
 
Settlement 
Unless the Customer is a consumer, the Customer waives its right to set off a debt to TC&BG against a claim against TC&BG.  
 
Retention of title 
1. TC&BG will remain the owner of all products supplied until the Customer has fully complied with all its payment obligations to TC&BG under any agreement concluded with TC&BG, including claims relating to failure to perform.
2. Until that time TC&BG may invoke its retention of title and take back the goods. 
3. Before ownership is transferred to the client, the client may not pledge, sell, alienate or otherwise encumber the products. 
4. If TC&BG invokes its retention of title, the contract is deemed to have been dissolved and TC&BG is entitled to claim damages, loss of profit and interest. 
 
Delivery
1. Delivery takes place as long as stocks last.
2. Delivery will take place at TC&BG, unless the parties have agreed otherwise.
3. Products ordered online will be delivered to the address indicated by the client. 
4. If the agreed amounts are not paid or are not paid on time, TC&BG is entitled to suspend its obligations until the agreed part has been paid. 
5. In the event of late payment, the client is in default of payment, with the result that the client cannot invoke a late delivery against TC&BG.
 
Delivery time 
1. The delivery times stated by TC&BG are indicative and, if exceeded, do not entitle the client to rescission or compensation, unless the parties have expressly agreed otherwise in writing.
2. The delivery period commences after the quotation signed for approval by the client to TC&BG has been confirmed to the client by TC&BG in writing or electronically.
3. Exceeding the stated delivery time does not entitle the Customer to compensation or the right to dissolve the agreement, unless TC&BG is unable to deliver within 14 days of being notified in writing or the parties have agreed otherwise. 

Actual delivery 
The customer must ensure that the actual delivery of the products ordered by him can take place on time. 

Transport costs 
Transport costs are for the account of the customer, unless parties have agreed otherwise. 
 
Packaging and shipping
1. If the packaging of a delivered product has been opened or damaged, the Customer must have a note made of this by the forwarder or deliveryman before accepting the product, failing which TC&BG cannot be held liable for any damage.
2. If the client is responsible for the transport of a product, he must report any visible damage to the product or its packaging to TC&BG prior to transport, failing which TC&BG cannot be held liable for any damage. 
 
Storage 
1. If the customer orders products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs as a result of premature or delayed purchase of products shall be entirely at the expense of the customer.
 
Warranty
1. The warranty with respect to products only applies to defects caused by faulty manufacture, construction or material. 
2. The warranty does not apply in the case of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred 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 takes delivery of the product for the customer.

Exchange 
1. Exchange is only possible if the following conditions are met:
- Exchange takes place within 30 days after purchase on presentation of the original invoice.
- the product is returned in its original packaging or with the original (price) tags still attached.
- the product has not yet been used
2. Discounted items, non-durable items such as groceries, custom-made items or items specially adapted for the customer cannot be exchanged. 
 
Disclaimer 
The Customer indemnifies TC&BG against all claims from third parties relating to the products and/or services supplied by TC&BG. 
  
Complaints
1. The client must examine a product or service supplied by TC&BG for any shortcomings as soon as possible.
2. If a product supplied or service provided does not meet the client's reasonable expectations of the agreement, the client must inform TC&BG of this as soon as possible, but in any case within one month of discovery of the shortcomings. 
3. Consumers must inform TC&BG within 2 months at the latest of discovery of the defects.
4. 4. The client will provide as detailed a description as possible of the shortcoming so that TC&BG is able to respond to it adequately. 
5. The client must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to work in progress, this cannot in any case result in TC&BG being required to perform work other than that agreed.
 
Notice of default
1. The client must notify TC&BG of any notice of default in writing.
2. It is the client's responsibility to ensure that a notice of default actually reaches TC&BG (on time). 
 
Joint and several liability of the client 
If TC&BG enters into an agreement with several customers, each of them will be jointly and severally liable for the full amounts owed to TC&BG on the basis of that agreement.

TC&BG liability
1. TC&BG is only liable for any damage suffered by the client if and insofar as such damage is caused by intent or deliberate recklessness.
2. If TC&BG is liable for any damage, it will only be liable for direct damage arising from or in connection with the execution of an agreement.
3. TC&BG is never liable for indirect damage, such as consequential loss, loss of profit, lost savings or damage to third parties.
4. If TC&BG is liable, such liability will be limited to the amount paid out under a (professional) liability insurance policy taken out and in the absence of (full) payment by an insurance company of the amount of the loss or damage, liability will be limited to (part of) the invoice amount to which the liability relates.
5. All images, photographs, colours, drawings, descriptions on the website or in a catalogue are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
 
Expiry date 
Any right of the client to compensation from TC&BG will in any event lapse 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
 
Right of dissolution
1. The Customer is entitled to dissolve the agreement if TC&BG fails imputably in the fulfilment of its obligations, unless this failure does not justify the dissolution in view of its special nature or minor importance. 
2. If it is not permanently or temporarily impossible for TC&BG to comply with its obligations, termination can only take place after TC&BG is in default. 
3. TC&BG is entitled to terminate the agreement with the Customer if the Customer fails to fulfil its obligations under the agreement in full or on time, or if TC&BG has become aware of circumstances that give it good reason to fear that the Customer will not be able to fulfil its obligations properly. 

Force majeure
1. In addition to the provisions of Section 6:75 of the Dutch Civil Code, a breach by TC&BG in the performance of any obligation to the Client cannot be attributed to TC&BG in a situation independent of the will of TC&BG, as a result of which the performance of its obligations to the Client is wholly or partly impeded or as a result of which the performance of its obligations cannot reasonably be required of TC&BG. 
2. The force majeure situation referred to in paragraph 1 also includes, but is not limited to: a state of emergency (such as civil war, uprising, riots, natural disasters, etc.); default and force majeure on the part of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecoms disruptions; computer viruses, strikes, government measures, unforeseen transport problems, adverse weather conditions and work stoppages. 
3. If a situation of force majeure occurs as a result of which TC&BG is unable to comply with one or more obligations to the client, those obligations will be suspended until TC&BG is able to comply with them again. 
4. From the moment that a situation of force majeure has lasted for at least 30 calendar days, either party may dissolve the contract in whole or in part in writing. 
5. In a situation of force majeure, TC&BG will not owe any compensation or damages, even if it enjoys any advantage as a result of the force majeure situation.
 
Modification of the agreement 
If, after the conclusion of the contract for its performance, it appears necessary to amend or supplement its content, the parties shall, in good time and by mutual agreement, amend the contract accordingly. 
 
Amendment of general terms and conditions
1. TC&BG is entitled to amend or supplement these general terms and conditions. 
2. Changes of minor importance may be made at any time. 
3. Where possible, TC&BG will discuss major changes of substance with the client in advance.
4. Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions. 
 
Transfer of rights
1. Customer rights arising from an agreement between the parties cannot be transferred to third parties without TC&BG's prior written consent. 
2. This provision shall be deemed to have effect under the law of property within the meaning of Section 3:83(2) of the Dutch Civil Code. 

Consequences of nullity or voidability
1. If one or more provisions of these general terms and conditions prove to be null and void or voidable, this shall not affect the other provisions of these terms and conditions. 
2. A provision that is null and void or voidable will in that case be replaced by a provision that comes closest to what TC&BG had in mind when drawing up the terms and conditions on that point.
 
Applicable law and competent court
1. Any agreement between the parties shall be governed exclusively by Dutch law. 
2. The Dutch court in the district where TC&BG has its registered office / maintains its practice / maintains its office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Drawn up on 01 March 2020.

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