Terms of sale

1. Seller identity and scope

These General Terms and Conditions of Sale govern sales made on poke-geek.fr between:

Media Discount 77, a French single-member simplified joint-stock company with share capital of €1,000, registered with the Meaux Trade and Companies Register under number 834 277 857, whose registered office is at 1 Rue des Peupliers, 77177 Brou-sur-Chantereine, France, trading as Poke-Geek, email: info@poke-geek.fr, telephone: 01 71 40 12 49, hereinafter “Poke-Geek” or the “Seller”;

and any person making a purchase on the website, hereinafter the “Customer”.

Any order placed on the website entails acceptance of these General Terms and Conditions of Sale. The Customer represents that they have the legal capacity required to enter into a contract. Consumer-protection provisions apply to a consumer Customer under the conditions provided by law.

2. Products, descriptions and availability

Poke-Geek offers, among other things, collectible cards, trading card games, sealed products, boosters, displays, sets, accessories, board games, figurines, merchandise and derivative products, including products from the Pokémon, One Piece Card Game, Magic: The Gathering, Yu-Gi-Oh!, Disney Lorcana and Dragon Ball universes and other collectible universes.

Poke-Geek endeavours to present products as accurately as possible on the basis of information provided by publishers, manufacturers, distributors or suppliers. Images are provided for illustration. Minor differences may exist, particularly where a publisher or manufacturer changes the packaging, edition, language, version, marking or presentation.

In the event of a material error or manifest inconsistency in a product page, the Customer is invited to contact customer service before opening, using or unsealing the product. This invitation does not deprive the Customer of any statutory rights.

Orders are generally prepared and dispatched within 24 to 48 business hours after payment has been confirmed, excluding pre-orders, periods of high activity, stocktaking, stock shortages or special circumstances.

In the event of a stock shortage or inability to obtain supplies, the Customer is informed as soon as possible. A credit note, replacement or other solution may replace a refund legally due only with the Customer’s express agreement.

3. Orders

The Customer must provide accurate and complete information, including their name, delivery address, email address and telephone number. They must check this information before confirming the order.

The order is recorded after payment has been confirmed. A confirmation email is sent to the address provided at the time of purchase.

Poke-Geek may refuse or cancel an order in the event of suspected fraud, attempted abuse, an ongoing payment dispute, a manifestly invalid address, an abnormal order, an obvious pricing error or a serious difficulty that legally prevents performance. The Customer is informed and the sums due to them are refunded, without prejudice to their mandatory rights.

4. Pre-orders

Certain products may be offered for pre-order. A pre-order allows a product to be reserved before its official release, subject to availability from publishers, manufacturers, distributors or suppliers.

A pre-order constitutes a firm purchase commitment, subject to the consumer’s mandatory rights. Its status as a pre-order does not, in itself, create a general exclusion from the right of withdrawal, statutory warranties, delivery rules or the right to a refund where one is legally due.

Release, arrival and dispatch dates may depend on the schedules of publishers, manufacturers, distributors or suppliers and on allocations. A schedule change does not deprive the Customer of their statutory rights relating to delivery, termination of the contract and reimbursement.

If a release is cancelled, supply becomes permanently impossible or allocation is insufficient, Poke-Geek informs the Customer and refunds the sums legally due for unavailable products. A replacement product or credit note may be offered only with the Customer’s express agreement.

Where an order contains both in-stock and pre-order products, the entire order is dispatched once all products are available, unless another option was offered when the order was placed or a specific arrangement was agreed with customer service. Separate dispatch may incur additional delivery charges accepted by the Customer in advance.

Outside the exercise of a statutory right, a request for goodwill cancellation of a pre-order may be considered on a case-by-case basis.

5. Prices and payment

Prices are stated in euros (€), inclusive of all taxes where VAT applies, excluding delivery charges. Delivery charges are displayed before the order is finally confirmed.

The applicable prices are those displayed when the order is confirmed, except in the event of an obvious pricing error. Poke-Geek may change its prices at any time, without retroactive effect on orders already confirmed.

The available payment methods are those offered when the order is placed and may include bank card, PayPal, Klarna, Shop Pay or other payment solutions.

The order is confirmed only after payment in full. If payment is refused, incomplete, disputed or cancelled, Poke-Geek may suspend or cancel the order.

For dispatches outside the European Union or to territories where they apply, customs duties, local taxes, import charges or administrative fees are borne by the Customer.

Goodwill cancellation or return

Outside a statutory right, Poke-Geek may accept a cancellation or return on a goodwill basis, assessed case by case. The exact terms of this commercial solution are communicated to the Customer before they agree.

A credit note may be offered, but it replaces a refund legally due only with the Customer’s express agreement. No fee is deducted from a full refund required by law.

6. Preparation, delivery, shipment and tracking

Orders are generally prepared and dispatched within 24 to 48 business hours after payment has been confirmed, excluding pre-orders, periods of high activity, stocktaking, stock shortages or special circumstances.

This period covers preparation by Poke-Geek and handover of the parcel to the carrier. Acceptance by the carrier, transit time and activation of tracking are separate stages.

The goods are delivered on the date or within the timeframe communicated to the Customer, unless otherwise agreed by the parties. Where no date or timeframe has been agreed, the statutory delivery rules apply.

If the delivery timeframe is not met, the consumer Customer may exercise the remedies provided by law, including requesting performance within a reasonable additional period where this step is required, and then terminating the contract if the statutory conditions are met. The Customer may terminate immediately in the circumstances provided by law, in particular where the date or timeframe was an essential condition and was not observed. In the event of valid termination, the sums paid are refunded within the statutory period.

The available delivery methods and carriers depend in particular on the destination, the contents of the cart, the method chosen and the options offered when the order is placed. Mondial Relay, Chronopost or Shop2Shop, Colissimo and UPS are non-exhaustive examples.

A tracking number or link is provided after dispatch or acceptance of the parcel. Its activation may be delayed depending on the carrier.

Warehouse collection

Where this option is offered when the order is placed, collection is possible after availability has been confirmed by email, by appointment, Monday to Saturday from 10 a.m. to 3 p.m., on presentation of an identity document bearing the name used for the order.

Practical information and the collection address are specified in the confirmation sent to the Customer. Collection cannot be guaranteed without prior confirmation of availability and an appointment.

Incorrect address, refused or unclaimed parcel

If the Customer identifies an address error before dispatch, they must contact Poke-Geek immediately, without any guarantee that a change will still be possible.

If a parcel is returned because of an incorrect or incomplete address, refusal, failure to collect it from a parcel shop, or another delivery failure attributable to information supplied or inaction by the Customer, a new dispatch may be offered subject to payment of new carriage charges.

Any other financial consequence is assessed according to the actual circumstances, after the parcel has been returned and inspected, within the limits permitted by law and without affecting any statutory right of the Customer. No automatic deduction is applied.

Transfer of risk and damaged parcel

The risk of loss or damage remains with Poke-Geek until the Customer, or a third party designated by the Customer other than the carrier, takes physical possession of the parcel. Where the Customer personally chooses a carrier that was not offered by Poke-Geek, risk passes to the Customer when the goods are handed over to that carrier, without prejudice to any remedies the Customer may have against it.

The Customer is invited to check the apparent condition of the parcel upon delivery, make specific reservations with the carrier where possible, retain the packaging and take useful photographs. The absence of reservations upon delivery does not deprive the Customer of any statutory warranties or remedies.

7. Right of withdrawal and returns

The consumer Customer has 14 days from receipt of the goods to exercise their right of withdrawal without having to give a reason. Where several goods from the same order are delivered separately, the period runs from receipt of the last item.

The Customer may exercise their right of withdrawal by sending a clear and unambiguous statement to info@poke-geek.fr or by using the online withdrawal function made available on the website.

A model withdrawal form is available at the end of the Return and Refund Policy. Its use is not compulsory where the statement unambiguously expresses the intention to withdraw.

The Customer returns the products no later than 14 days after notifying their decision. The direct cost of returning them is borne by the Customer, except in the event of an error attributable to Poke-Geek, where Poke-Geek agrees to bear it or where the law provides otherwise. Return instructions are provided by customer service; these terms do not create a separate return address.

Products must be returned complete, properly protected and, where relevant, with their accessories and original packaging.

Products that have been opened, unsealed, used, or whose packaging has been altered are not accepted for return or exchange under our commercial policy. Mandatory statutory rights remain applicable.

The only exceptions to the right of withdrawal are those provided by law, and they are applied only where their conditions are actually met. Opening, unsealing, the condition of the packaging or the promotional nature of the product does not, in itself, create a general exclusion.

In the event of valid withdrawal, Poke-Geek refunds the sums legally due, including standard delivery costs where applicable, without undue delay and no later than 14 days from the date on which Poke-Geek is informed of the decision. The refund may be withheld until the goods have been recovered or proof of dispatch has been received, whichever occurs first.

The refund is made using the same payment method as for the original transaction, unless the Customer expressly agrees to another method that does not incur any fees. Additional costs associated with choosing a more expensive delivery method than the standard method are not refunded. No Shopify Payments, PayPal, Klarna or other transaction fee is deducted from a full refund required by law.

Discounted, sale, promotional or clearance products benefit from the same statutory rights as other products.

8. Fulfilment error, defective product and statutory warranties

In the event of an error attributable to Poke-Geek or a damaged, defective or non-conforming product, the Customer is invited to contact customer service, stating their order number and attaching, where useful, photographs of the parcel, label, packaging and product.

Products benefit from the applicable statutory warranties, including the statutory warranty of conformity and the warranty against hidden defects. Remedies are determined in accordance with the law and may include, depending on the circumstances, bringing the product into conformity, replacement, a price reduction or termination of the sale.

Collectible cards and TCG products may present variations arising from printing, cutting, centring, packaging or random allocation decided by the publisher. These characteristics are assessed case by case and do not create any general exclusion from statutory warranties.

Seller responsible for the conformity of the goods: Media Discount 77 — 1 Rue des Peupliers, 77177 Brou-sur-Chantereine, France — info@poke-geek.fr — 01 71 40 12 49.

The consumer has a period of two years from delivery of the goods in which to invoke the statutory warranty of conformity if a lack of conformity appears. During this period, the consumer is required to establish only the existence of the lack of conformity and not the date on which it appeared.

Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory warranty applies to that digital content or digital service throughout the scheduled supply period. During this period, the consumer is required to establish only the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.

The statutory warranty of conformity requires the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The statutory warranty of conformity entitles the consumer to repair or replacement of the goods within thirty days of the request, free of charge and without major inconvenience.

If the goods are repaired under the statutory warranty of conformity, the consumer benefits from a six-month extension of the original warranty.

If the consumer requests repair of the goods but the seller requires replacement, the statutory warranty of conformity is renewed for a period of two years from the date on which the goods are replaced.

The consumer may obtain a reduction in the purchase price while retaining the goods or terminate the contract and obtain a full refund against return of the goods if:

1° The trader refuses to repair or replace the goods;

2° Repair or replacement of the goods takes place after a period of thirty days;

3° Repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or bears the cost of installing the repaired or replacement goods;

4° The lack of conformity persists despite the seller’s unsuccessful attempt to bring the goods into conformity.

The consumer is also entitled to a reduction in the price of the goods or termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is then not required first to request repair or replacement of the goods.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are unavailable for repair or replacement suspends the remaining warranty period until the repaired goods are delivered.

The rights referred to above arise from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who, in bad faith, obstructs implementation of the statutory warranty of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the statutory warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code for two years from discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are retained or a full refund against return of the goods.

9. Complaints and fraud prevention

The Customer is invited to report any visible issue as soon as possible, ideally within 48 hours of receipt, to facilitate findings and recourse against the carrier. This timeframe is a handling recommendation and does not deprive the Customer of any statutory warranties or remedies.

Any attempted fraud, false statement, return of a different product, deliberately incomplete return or abusive conduct may result in the rejection of an unfounded request, suspension or closure of the account and, where appropriate, suitable action being taken. This provision does not prevent the good-faith exercise of a statutory right.

10. Liability

In relation to a consumer Customer, Poke-Geek is strictly liable for the proper performance of the obligations arising from the distance contract, whether those obligations are performed by Poke-Geek or by other service providers, without prejudice to its right of recourse against them.

Poke-Geek may be released from all or part of its liability only by proving that non-performance or improper performance is attributable to the Customer, to the unforeseeable and unavoidable act of a third party to the contract, or to force majeure.

A supplier or carrier delay, partial allocation or supply shortage may explain a delay or unavailability, but does not automatically extinguish the Customer’s statutory rights.

Nothing in these General Terms and Conditions of Sale excludes or limits liability where it cannot legally be excluded or limited.

11. Personal data and intellectual property

Personal data is processed in accordance with the Privacy Policy published on the website. Any request may be sent to info@poke-geek.fr.

Elements of the website, including texts, visuals, logos, graphics, structure and layout, are protected by applicable intellectual property rights. The Pokémon, One Piece Card Game, Magic: The Gathering, Yu-Gi-Oh!, Disney Lorcana, Dragon Ball and other trademarks, licences, names and visuals belong to their respective owners.

12. Consumer mediation, governing law and competent courts

In the event of a dispute, the consumer Customer is invited first to submit a written complaint to Poke-Geek customer service at info@poke-geek.fr in order to seek an amicable solution.

If this prior complaint does not produce a satisfactory solution, the consumer Customer may use, free of charge, the consumer mediator to which Media Discount 77 belongs:

CM2C — Centre de Médiation de la Consommation de Conciliateurs de Justice
49 rue de Ponthieu
75008 Paris
www.cm2c.net

These General Terms and Conditions of Sale are governed by French law.

For consumer Customers, the competent courts are determined in accordance with the applicable statutory rules.

13. Contact

Poke-Geek customer service: info@poke-geek.fr — 01 71 40 12 49.