Terms of service
TERMS OF SERVICE
1. Introduction
These terms of service (the “Terms”) establish the contractual relationship between Kimochi Kardz and their customers and apply to all purchases made through this website.
These Terms take precedence over any other conditions unless expressly agreed to in writing by Kimochi Kardz.
Kimochi Kardz reserves the right to modify these Terms at any time. Any changes will apply to orders placed after the updated Terms are published on the website.
By accessing or using this website, you agree to comply with these Terms.
2. Account registration
To make purchases, you must create an account.
By creating an account, you confirm that you have read and accepted these Terms.
You are responsible for maintaining the confidentiality of your account credentials and for all activities carried out under your account.
3. Goods and services
The products and services offered are those displayed on the website, subject to availability.
Product descriptions are provided by the supplier whenever applicable.
Product photographs are for illustrative purposes only and may differ slightly from the actual item.
4. Prices
All prices are displayed in Euros (€) and include the applicable Luxembourg VAT where required by law.
Customers must pay the price displayed in Euros at the time the order is placed.
Kimochi Kardz reserves the right to modify prices at any time. Price changes will not affect orders that have already been confirmed.
5. Pick-up only policy
Kimochi Kardz does not offer shipping or delivery services.
All orders are available for collection (pick-up) only from the collection address communicated to the customer after the order has been confirmed.
Orders are accepted only from customers who reside in:
- Luxembourg; or
- Nearby cross-border cities and regions in Belgium, France, or Germany that reasonably allow pick-up.
Kimochi Kardz reserves the right to cancel any order if it determines that the customer does not reside in Luxembourg or an eligible nearby cross-border area and is therefore unable to reasonably collect the order.
To purchase a product or service, the customer must:
a. Complete payment as required; and
b. Review and confirm the order before submission.
By confirming an order, the customer:
- Accepts these Terms;
- Confirms that all information provided is accurate;
- Acknowledges having read and understood these Terms; and
- Waives the application of any conflicting terms or conditions.
An order confirmation will be sent once the order has been successfully registered.
Kimochi Kardz reserves the right to refuse or cancel orders, or refuse future sales, where a customer has engaged in abusive, threatening, fraudulent, dishonest, bad or unlawful conduct.
Customers must collect their order within fourteen (14) calendar days from the date they are notified that the order is ready for collection, unless a different deadline is communicated by Kimochi Kardz.
If an order is not collected within this period and no alternative arrangement has been agreed in writing, Kimochi Kardz reserves the right to:
- Cancel the order;
- Return the products to available stock for resale; and
- Issue a refund where applicable, less any non-refundable fees or deposits if stated at the time of purchase.
8. Right of withdrawal
Consumers have the statutory right to withdraw from their purchase within fourteen (14) calendar days from the date they collect their order.
To exercise the right of withdrawal, the customer must notify Kimochi Kardz by email at info@kimochikardz.lu or order@kimochikardz.lu within the applicable withdrawal period.
The returned product must be in its original condition.
The following items are excluded from the right of withdrawal unless required by applicable law:
- Individual trading cards (single cards);
- Opened, damaged or unsealed products; and
- Any item that cannot be resold as new due to its condition.
Refunds will be processed using the original payment method after the returned products have been received and inspected.
9. Payment
We accept various payment methods, including credit/debit cards and bank transfers.
Available payment methods will be displayed during checkout.
Additional fees may apply depending on the selected payment method.
By providing your payment information, you authorise Kimochi Kardz to charge the applicable amount for your order.
If payment authorization fails, the order may be delayed or cancelled.
Ownership of the products remains with Kimochi Kardz until full payment has been received.
10. Preorders
Preorders are subject to product availability and supplier confirmation.
Unless otherwise stated, payment is required at the time the preorder is placed.
Preorders are generally final and cannot be modified or cancelled except where required by law or in the event of a price increase before release. In such a case, the customer may either accept the new price or cancel the preorder for a full refund.
Release dates are estimates only and may change without notice.
When available, preorder items will be held for collection and must be collected within the pick-up deadline specified in Section 7.
If a preorder cannot be fulfilled, Kimochi Kardz will notify the customer and provide an appropriate refund or alternative if available.
11. Data protection
Personal data is processed in accordance with the General Data Protection Regulation (GDPR) and applicable Luxembourg data protection laws.
Customer information is used solely for order processing, payment processing, customer service, and legal obligations.
Digital records maintained by Kimochi Kardz constitute proof of communications, orders, payments, and transactions.
12. Liability
To the fullest extent permitted by applicable law, Kimochi Kardz shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to loss of profits, loss of revenue, loss of business opportunities, loss of goodwill, loss of anticipated savings, diminution in value of products, or claims brought by third parties, arising out of or in connection with the purchase, collection, possession, or use of any products sold by Kimochi Kardz.
Kimochi Kardz does not guarantee or warrant:
- The contents of sealed products, including but not limited to pull rates, card rarity, hit rates, pack or box distribution, or the inclusion of any particular card or product;
- That any card will achieve a particular grading result from any grading company;
- The future market value, resale value, collectability, appreciation, or investment potential of any product or card; and/or
- That products will be free from manufacturing defects, factory imperfections, printing errors, centering issues, surface defects, packaging defects, or other quality issues originating from the manufacturer.
Kimochi Kardz shall not be liable for damage, deterioration, or loss resulting from improper handling, misuse, accidents, negligence, environmental conditions, improper storage, exposure to heat, moisture, sunlight, or any other action or omission by the customer or any third party after collection of the products.
Kimochi Kardz reserves the right to refuse refunds, replacements, or compensation where there is reasonable evidence of fraud, abuse, attempted product tampering, resealing, card swapping, false claims, or any other conduct intended to obtain an unfair advantage.
Kimochi Kardz shall not be liable for delays, shortages, allocation reductions, cancellations, or failures to supply products resulting from actions or omissions of manufacturers, distributors, wholesalers, logistics providers, customs authorities, governmental authorities, or any event beyond its reasonable control, including but not limited to force majeure, strikes, transport disruptions, natural disasters, pandemics, cyberattacks, or supply chain interruptions.
13. Allocation and supply
All preorders are subject to confirmation and product allocation by our distributors and suppliers.
Kimochi Kardz reserves the right to cancel, reduce, or partially fulfil any preorder if the quantity allocated by its distributor or supplier is reduced, cancelled, or otherwise differs from the quantity originally ordered by Kimochi Kardz.
Where an allocation is reduced, Kimochi Kardz may, at its sole discretion, allocate available products among customers using fair and reasonable criteria, including but not limited to the chronological order in which preorders were placed, customer purchase history, or other allocation methods deemed appropriate.
If Kimochi Kardz is unable to fulfil all or part of a preorder due to reduced distributor allocation, product shortages, manufacturer cancellation, or any circumstance beyond its reasonable control, Kimochi Kardz reserves the right to cancel the affected preorder, in whole or in part, without incurring any liability.
In the event of such cancellation, the customer's sole remedy shall be a refund of any amounts actually paid for the unfulfilled portion of the preorder. Kimochi Kardz shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from the cancellation or non-fulfilment of a preorder due to distributor allocation reductions or supply shortages.
14. Pricing errors and products error
Kimochi Kardz makes every reasonable effort to ensure that product descriptions, images, prices, availability, release dates, product specifications, and other information displayed on the website are accurate and up to date. However, errors, omissions, delays in updating information, or technical malfunctions may occasionally occur.
Kimochi Kardz reserves the right to correct at any time any typographical, clerical, pricing, product description, inventory, technical, or administrative error appearing on the website, including errors relating to prices, availability, product names, product variants, quantities, release dates, product specifications, promotional offers, or any other information, without incurring liability.
If a product is displayed with an incorrect price or incorrect information due to a typographical error, technical malfunction, system failure, supplier error, human error, or any other unforeseen circumstance, Kimochi Kardz reserves the right, at its sole discretion, to refuse, cancel, or amend the affected order, even after an order has been placed or payment has been received.
15. Purchase limits and commercial orders
Kimochi Kardz primarily sells products to end consumers and collectors. To promote fair access to highly sought-after products, Kimochi Kardz reserves the right to limit the quantity of products that may be purchased by any individual customer, household, account, payment method, business, or delivery or billing address, whether in a single transaction or across multiple transactions.
16. Intellectual Property
All content on this website, including text, images, logos, graphics, and other materials, is protected by copyright and intellectual property laws.
No content may be copied, reproduced, or distributed without the prior written consent of Kimochi Kardz.
17. Governing Law and Jurisdiction
These Terms are solely governed by the laws of the Grand Duchy of Luxembourg.
Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the competent courts of Luxembourg.