1. Company Information

Grab A Pack is operated by:

Obiva Holding B.V.
Zandbos 1
2134 DA Hoofddorp
The Netherlands

Chamber of Commerce (KvK): 83475834

Customer service contact details are made available on the Grab A Pack website.

2. About Grab A Pack

Grab A Pack sells physical pre-packed collectible trading card products through an online vending-machine-style interface.

Products may contain Pokémon trading cards and related collectible trading card products.

Each Grab A Pack mystery pack is physically assembled before it is offered for sale.

Each pack is assigned a unique identifying number or code. The physical contents associated with that pack are determined before the customer completes the purchase.

The customer therefore purchases a specific, pre-assembled physical product.

The contents are not generated or determined by an algorithm, random-number generator, roulette wheel or other digital randomisation mechanism after payment.

3. Mystery Packs and Unknown Contents

The nature of a mystery pack means that the exact contents are not disclosed to the customer before purchase unless expressly stated otherwise.

The customer understands before purchasing that different packs within the same product category may contain different cards and may have different collectible or market values.

However, all packs are prepared before sale and their contents are fixed before the individual pack is purchased.

Purchasing a pack does not guarantee that the customer will receive any particular card, character, set, grade, market value or resale value unless such guarantee is explicitly stated on the applicable product page.

4. Guaranteed Contents

Each product page describes the minimum guaranteed contents of that particular product category.

Where Grab A Pack states that every pack contains a certain type of card or product, that item is guaranteed to be included.

For example, where a product is advertised as containing at least one Illustration Rare (“IR”) or Special Illustration Rare (“SIR”), every pack sold under that offer will contain at least one qualifying card.

Any additional contents depend on the composition of the applicable batch.

The product page and/or applicable batch information takes precedence if it contains more specific information.

5. Batch Composition and Transparency

Grab A Pack may sell products in predetermined batches.

Where additional items such as booster packs, graded cards, chase cards or other special items are distributed across a batch, Grab A Pack may publish the relevant batch composition or availability on the website.

For example, Grab A Pack may state that:

“10 PSA graded cards are included across a batch of 100 packs.”

or:

“1 chase card is included across a batch of 100 packs.”

Such statements describe the composition of the relevant batch and do not guarantee that a particular customer will receive the additional item unless explicitly stated otherwise.

Where percentages or odds are displayed, they must relate to the applicable batch and are calculated based on the original composition of that batch.

Grab A Pack will not knowingly provide false or misleading information regarding batch composition or advertised availability.

6. Pack Identification

Every pack offered through the Grab A Pack vending-machine system is assigned a unique identifying number or code.

Once a specific pack has been sold, it is removed from availability and cannot subsequently be sold to another customer.

Grab A Pack does not replace the contents of a purchased pack with the contents of another pack after the purchase has been completed.

7. Digital Reveal

After purchasing a pack, customers may be offered the option to digitally reveal the contents associated with their purchased pack.

The reveal function is a visual and informational feature.

It does not determine the contents of the pack.

The contents were already assigned to the specific physical pack before purchase.

Using the reveal function therefore does not cause:

a new pack to be selected;
a random number to be generated;
the contents to be changed;
a card or prize to be awarded by an algorithm; or
the physical pack to be exchanged for another pack.

The customer will receive the physical contents associated with the purchased pack.

8. Collectible Values

Trading cards and other collectibles may have secondary-market values.

Such values can change substantially over time and can differ between marketplaces, countries, sellers and buyers.

Any market values shown by Grab A Pack are therefore estimates or reference values only unless expressly stated otherwise.

Grab A Pack does not guarantee:

future market value;
resale value;
investment returns;
grading results;
card appreciation;
liquidity;
that a third party will purchase a card for a particular amount.

Customers should purchase Grab A Pack products as collectible products and not on the basis of guaranteed financial returns.

9. Card Condition and Grading

Unless explicitly described as graded, cards sold through Grab A Pack are ungraded.

Card condition may vary.

Minor manufacturing imperfections may occur, including variations in:

centering;
print quality;
edges;
corners;
surfaces; and
other characteristics commonly associated with trading cards.

Grab A Pack does not guarantee that an ungraded card will receive any particular grade from PSA, Beckett, CGC or another grading company.

Where a professionally graded card is included, the grade stated by the applicable grading company will be disclosed where relevant.

10. Prices

All applicable prices are displayed before the customer completes the order.

Prices are shown including applicable VAT where required by law, unless clearly stated otherwise.

Shipping charges and other mandatory costs charged by Grab A Pack will be disclosed before the customer completes the purchase.

For international orders, customs duties, import taxes or other charges imposed by the destination country may apply.

Where such charges are not collected by Grab A Pack, they may be payable separately by the customer.

11. Order Process

An agreement is formed when the customer’s order has been accepted by Grab A Pack.

The customer will receive electronic confirmation of the order.

Grab A Pack reserves the right to cancel or refuse an order where reasonably necessary, including in cases involving:

suspected fraud;
obvious pricing or technical errors;
payment fraud;
abuse of the platform;
duplicate technical transactions; or
products that are unexpectedly unavailable.

Where Grab A Pack cancels an order for which payment has already been received, the applicable amount will be refunded unless Grab A Pack is legally entitled to withhold payment.

12. Shipping and Delivery

Grab A Pack will process and ship orders within the delivery timeframe communicated on the website or, where no specific timeframe is agreed, within the period required by applicable law.

Delivery estimates may be affected by postal carriers, customs procedures or circumstances outside Grab A Pack’s reasonable control.

For purchases made by consumers, the risk of loss of or damage to the products remains with Grab A Pack until the customer, or a third party designated by the customer other than the carrier, has physically received the products, except where applicable law provides otherwise.

This provision does not limit the customer’s statutory rights.

This replaces your old provision saying that risk passes as soon as PostNL receives the parcel. That old provision was problematic for consumer sales.

13. Statutory Right of Withdrawal

Consumers purchasing online generally have a statutory right to withdraw from the purchase agreement within 14 days without giving a reason, subject to the exceptions provided by applicable law. ACM confirms this general 14-day rule for online product purchases.

The withdrawal period generally expires 14 days after the day on which the consumer, or a third party designated by the consumer other than the carrier, receives the product.

Customers may also exercise their right of withdrawal before delivery.

To exercise the right of withdrawal, the customer must make an unequivocal statement informing Grab A Pack of the decision to withdraw.

Customers may contact Grab A Pack using the contact details provided on the website.

14. Returning Products After Withdrawal

After validly exercising the right of withdrawal, the customer must return the applicable products within 14 days.

Unless Grab A Pack has agreed otherwise or applicable law requires otherwise, the customer bears the direct cost of returning the products.

The customer is responsible for handling the products only to the extent necessary to establish their nature, characteristics and functioning.

Where a customer handles a product beyond what is necessary for that purpose and this results in a reduction in value, Grab A Pack may, where permitted by law, hold the customer responsible for that reduction in value.

Opening or digitally revealing a mystery pack does not automatically remove statutory withdrawal rights unless an applicable statutory exception validly applies.

This last sentence is important. ACM specifically says consumers normally have 14 days and that opening/trying a product doesn’t automatically eliminate the right; excessive handling can instead lead to compensation for diminished value.

15. Refunds Following Withdrawal

Where a consumer validly withdraws from the entire purchase, Grab A Pack will reimburse payments as required by applicable consumer law, including standard outbound delivery costs where legally required.

Grab A Pack may withhold reimbursement until the returned products have been received or until the customer provides evidence that the products have been returned, whichever occurs first, where permitted by law.

Refunds will normally be made using the same payment method used for the original transaction unless otherwise agreed.

Additional delivery costs resulting from the customer’s choice of a delivery method more expensive than the standard delivery method offered by Grab A Pack do not have to be reimbursed to the extent permitted by law.

16. Incorrect, Damaged or Non-Conforming Products

Customers have statutory rights if a delivered product does not conform to the purchase agreement.

Examples may include situations where:

the wrong pack was delivered;
the physical contents do not correspond with the purchased/revealed pack;
guaranteed contents are missing;
products are materially damaged before delivery; or
the product otherwise does not meet the reasonable expectations arising from the agreement.

Customers are requested to contact Grab A Pack as soon as reasonably possible after discovering a problem.

Failure to report an issue within seven days does not automatically remove any statutory rights the customer may have.

Where legally required, Grab A Pack will provide an appropriate remedy, which may include replacement, repair where applicable, price reduction or refund.

ACM confirms that statutory conformity/guarantee rights apply to consumer products and that there is no single fixed Dutch statutory guarantee period that you can simply replace with a seven-day complaint period.

17. Lost Shipments

If an order is not delivered, the customer should contact Grab A Pack.

Grab A Pack may initiate an investigation with the relevant postal or courier service.

For consumer orders, Grab A Pack remains responsible for delivery in accordance with applicable law.

If a shipment is confirmed as lost or otherwise not properly delivered, Grab A Pack will provide the remedy required by applicable law.

Customers are responsible for providing complete and accurate delivery information.

If delivery fails solely because the customer supplied incorrect or incomplete address information, reasonable additional costs resulting from reshipment may be charged where permitted by law.

18. Authenticity

Grab A Pack intends to sell genuine trading card products unless a product is expressly identified as a custom, proxy, fan-made or otherwise unofficial product.

Grab A Pack will not knowingly represent counterfeit cards as authentic products.

If a customer reasonably believes that an item sold as authentic is counterfeit, the customer should contact Grab A Pack so that the matter can be investigated.

This provision does not affect statutory consumer rights.

19. Marketing, Chase Cards and Batch Claims

Grab A Pack may advertise notable cards or products included in a batch.

Where a specific chase card or special item is advertised as being included in a batch, Grab A Pack will ensure that the advertised item is genuinely included in that batch at the time the batch is made available, subject to any clearly disclosed conditions.

Grab A Pack will not intentionally:

advertise a chase card that was never included;
remove an advertised chase item after sales have begun without appropriate disclosure;
falsely increase stated probabilities;
falsely claim that an item remains available after Grab A Pack knows that it has already been sold where such a claim would be misleading; or
manipulate the contents of sold packs after purchase.

Marketing communications must be read together with the applicable product page and batch information.

20. No Cash-Out

Grab A Pack sells physical collectible products.

Unless explicitly stated otherwise, Grab A Pack does not offer customers the ability to:

exchange revealed cards for cash;
exchange an unwanted pack for another pack based on its revealed contents;
wager a received card for another outcome; or
convert a reveal result into platform credit based on the market value of the card.

A purchased pack is intended to result in physical delivery of its contents.

21. Platform Integrity

Grab A Pack maintains records linking individual pack identifiers to their predetermined contents where reasonably necessary to operate and verify the system.

Grab A Pack may use these records to investigate:

customer disputes;
packing errors;
shipping errors;
fraud;
technical problems; or
discrepancies involving reveals.

Grab A Pack may retain appropriate records in accordance with applicable privacy and data-protection laws.

22. Fraud and Abuse

Grab A Pack may take reasonable measures to prevent fraud and abuse.

This may include refusing or cancelling transactions where there are reasonable grounds to suspect:

payment fraud;
identity fraud;
chargeback abuse;
manipulation of the website;
exploitation of technical errors;
automated purchasing intended to disrupt the platform; or
other unlawful activity.

Any measures taken under this section will not limit mandatory statutory consumer rights.

23. Liability

Grab A Pack is liable where and to the extent required by applicable law.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law.

To the extent legally permitted, Grab A Pack is not liable for losses resulting solely from fluctuations in the secondary-market value of collectible cards.

Grab A Pack does not guarantee that collectible products will retain or increase their value.

Any limitation of liability in these Terms applies only to the extent permitted by mandatory Dutch and European law.

I would use this instead of your old “our maximum liability shall never exceed…” clause.

24. Intellectual Property and Pokémon Disclaimer

Grab A Pack is an independent reseller of collectible trading card products.

Grab A Pack is not affiliated with, sponsored by, authorised by or endorsed by Nintendo, The Pokémon Company, Game Freak or Creatures Inc., unless expressly stated otherwise.

Pokémon and related names, characters, logos and trademarks are the property of their respective rights holders.

References to third-party trademarks are used only to identify the products being resold or discussed.

25. Website and Technical Availability

Grab A Pack aims to keep the website and vending machine platform available and functioning correctly.

Temporary interruptions may occur due to maintenance, hosting issues, software errors or circumstances outside Grab A Pack’s reasonable control.

If a technical error materially affects an order, Grab A Pack will investigate the transaction and provide an appropriate solution in accordance with applicable law.

A visual error or animation does not change the physical contents associated with a purchased pack.

26. Obvious Errors

Grab A Pack is not required to honour an obvious pricing, description or technical error where the customer knew or reasonably should have understood that an error had occurred, to the extent permitted by applicable law.

Grab A Pack will notify affected customers as soon as reasonably possible and refund payments where appropriate.

27. Privacy

Personal data is processed in accordance with Grab A Pack’s Privacy Policy and applicable data-protection legislation, including the General Data Protection Regulation (GDPR/AVG).

The Privacy Policy is made available separately on the Grab A Pack website.

28. Complaints

Customers with a complaint should first contact Grab A Pack through the customer-service contact details provided on the website.

Grab A Pack will endeavour to respond to complaints within a reasonable period.

Nothing in this complaints procedure affects a consumer’s statutory right to seek another available legal remedy.

29. Changes to These Terms

Grab A Pack may amend these Terms and Conditions from time to time.

The version applicable to an order is generally the version made available to the customer at the time the order was placed.

Changes will not retrospectively remove statutory rights arising from an existing purchase.

30. Governing Law

These Terms and Conditions are governed by Dutch law.

For consumers residing in another EU or EEA country, this choice of law does not deprive the consumer of mandatory protections available under the law that would otherwise apply to them.

Disputes will be submitted to the competent court in accordance with applicable law.

Nothing in these Terms restricts any mandatory right a consumer may have regarding jurisdiction or dispute resolution.

31. Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, the remaining provisions will continue to apply to the extent legally possible.

Where appropriate, the invalid provision will be interpreted or replaced in a manner that most closely reflects its intended purpose while complying with applicable law.

32. Mandatory Consumer Rights

Nothing contained in these Terms and Conditions is intended to exclude, restrict or replace rights that consumers have under mandatory Dutch or European consumer law.

Where these Terms conflict with mandatory consumer legislation, the applicable mandatory legislation prevails.