Business Customers — Terms

These terms govern two things: purchases from addictimon.com made other than as a consumer, and every sale of cards or collections to us. They are business terms — deliberately firmer than our consumer terms. If you are an individual buying for yourself outside any trade or business, our consumer Terms & Conditions apply to you instead, and nothing on this page reduces your rights under them.

1. Who we are

addictimon.com (“the Website”) is operated by THOR PARKER LTD, a company registered in England & Wales, Company No. 12093609, registered office in the TW14 0DU postcode area (“Addictimon”, “we”, “us”, “our”). Contact: info@addictimon.com or WhatsApp +44 7845 244813.

2. Application and entire agreement

Sections 3 to 11 of these terms apply where you buy goods from us wholly or mainly for the purposes of a trade, business, craft or profession — including buying for resale — whether you buy through the Website, by WhatsApp, by email or otherwise (a “Business Customer”). Section 12 applies to anyone who sells cards to us. By placing an order, requesting a quotation or agreeing a sale to us, you accept these terms in full.

These terms constitute the entire agreement between us in respect of their subject matter, to the exclusion of any terms you seek to impose or incorporate and of any terms implied by trade, custom, practice or course of dealing. You acknowledge that you have not relied on any statement, promise or representation not set out in these terms or in the relevant listing or written quotation. Nothing in these terms excludes liability for fraud or fraudulent misrepresentation.

3. Orders, quotations and acceptance

Your order is an offer to purchase. No contract exists until we accept the order, and acceptance occurs only on dispatch. We may decline, limit or cancel any order at our sole discretion at any point before dispatch; if we do, we will refund sums paid for the cancelled order in full, and that refund is the whole of our liability in respect of it. Any quotation we give is valid for 5 days unless we withdraw it earlier, and is an invitation only — not an offer capable of acceptance so as to bind us.

4. Mystery packs bought for trade

Our packs are mystery products. Contents are allocated to packs on a randomised basis against the card pool and odds printed on the listing, before the pack is sealed; every buyer gets the same chance, and once sealed the allocation is final. As a Business Customer you acknowledge that you buy mystery products for the purposes of your trade in reliance on your own commercial judgement: the identity and value of pack contents vary by design, and we make no representation and give no warranty as to the market value, resale value, resale margin or grading potential of the contents of any pack. The listing — pool, odds and condition tier — is the entirety of what is promised.

5. Finality of sale

All sales to Business Customers are final. You have no right to cancel, return, exchange or obtain a refund for any reason — including dissatisfaction with pack contents, market movements, over-ordering or delay within the agreed delivery period — except as expressly set out in section 6. Any goods sent back to us without our prior written agreement remain yours, at your risk and cost, and their receipt by us creates no obligation of any kind.

6. Inspection, misdescription and damage — your sole remedy

You must inspect the goods on delivery. If goods are damaged in transit, materially misdescribed, or short-delivered, you must notify us in writing within 2 working days of delivery, with photographs sufficient to evidence the issue. Goods not so notified are deemed accepted in full conformity with the contract, and we shall have no liability in respect of them.

Where a notified issue is established, we will — at our option — replace the affected goods, adjust the price, or refund the price of the affected goods, and that remedy is your sole and exclusive remedy. Wear consistent with the stated condition tier of a vintage card, minor variance within a tier, and the ordinary characteristics of 1996–2003 cardboard are not damage and not misdescription. All conditions, warranties and other terms implied by statute or common law — including as to satisfactory quality, fitness for purpose and correspondence with description — are excluded to the fullest extent permitted by law, the express remedy in this section standing in their place.

7. Delivery

Orders normally dispatch from London within 3–5 working days. We are a small operation assembling every pack by hand, and restocks, sourcing and large trade orders can take materially longer: by placing an order you agree that the delivery period is up to 120 working days from the date of the order, and time of delivery is not of the essence. Delay within that agreed period is not a breach and gives no right to cancel or to damages. If we fail to deliver within the agreed period, your sole remedy is cancellation of the undelivered goods and a refund of sums paid for them. We may deliver in instalments; each instalment is a separate contract, and a problem with one instalment gives no right to cancel any other.

8. Risk and retention of title

Risk in the goods passes to you when we hand the goods to the carrier. We will use tracked services and will provide reasonable assistance with any carrier claim, but transit is at your risk.

Title to the goods remains with us until we have received in full, in cleared funds, all sums due in respect of the goods and any other sums due from you to us on any account. Until title passes you hold the goods as bailee for us, must store them identifiably as ours, must keep them insured, and must not pledge or charge them. You may resell the goods in the ordinary course of your business as principal, in which case title passes to you immediately before the moment of resale. If any sum is overdue, or you take any step towards insolvency, bankruptcy, administration or an arrangement with creditors, your right to possess and resell the goods ends immediately and we may require their return and may enter any premises where they are kept in order to recover them.

9. Prices and payment

The price is as displayed at your checkout or as agreed with us in writing. Payment is due at the point of order unless we agree otherwise in writing, and must be made in full, in cleared funds, without set-off, counterclaim, deduction or withholding of any kind. Interest runs on overdue sums at 8% a year above the Bank of England base rate, accruing daily before and after judgment, and we may suspend deliveries while any sum is overdue. If a displayed price is an error, we may cancel affected orders before dispatch and refund them; that refund is the whole of our liability for the error.

10. Claims, evidence, reversed payments and conduct

Orders are photographed and weighed during packing, packing takes place on CCTV, and every parcel travels tracked. You agree that we may rely on our packing, weight, CCTV and carrier tracking evidence in resolving any claim or payment dispute. Where that evidence demonstrates a claim to be false, we may decline it, cancel outstanding orders (refunding sums paid for undispatched goods), decline future orders, and report the matter to the relevant payment provider and, where appropriate, the authorities. Where a payment is reversed in respect of goods our evidence shows were delivered, the price remains a debt due, together with interest under section 9 and the reasonable costs of recovery.

We deal with every customer courteously and personally, and require the same. If communication directed at us or anyone working with us is abusive, threatening or harassing, we may refuse service, cancel outstanding orders — refunding sums paid for undispatched goods, which refund is the whole of our liability in respect of them — and decline future orders. This applies to abuse, not to firm, civil complaint.

11. Liability

Our total liability to a Business Customer arising out of or in connection with any order — whether in contract, tort (including negligence), breach of statutory obligation or otherwise — is limited to the price paid for that order. We shall have no liability for loss of profit, loss of revenue, loss of business, loss of goodwill, loss of data, business interruption, or any indirect, special or consequential loss, in each case whether or not foreseeable. Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law.

12. When we buy from you

We buy singles, binders and whole collections continuously. This section applies to every sale of cards to us, whether you sell in the course of a business or as a private individual, and whether the sale is agreed on WhatsApp, by email or otherwise. If you sell to us as a private individual, nothing in this section affects any right you have under law that cannot be excluded.

12.1 How a sale is agreed. You send us photographs and a description of what you are offering; we make an offer; a contract is formed when we and you agree the itemised contents and the price and we send payment. Our offers are open for acceptance for 7 days unless we withdraw or revise them earlier, and any offer is made on the basis that the goods are as shown and described to us.

12.2 Payment. We pay the agreed price by PayPal Goods & Services on agreement, before you ship. Payment of the price in that manner is full consideration for the goods; no further sum is payable unless agreed in writing.

12.3 Your warranties. By agreeing a sale you warrant that: you are at least 18; you are the sole owner of the goods with full unencumbered right to sell them, free of any third-party claim or interest; the goods were lawfully acquired; every item is genuine — no counterfeit, reprint, proxy, rebacked, trimmed, recoloured or otherwise altered card presented as original; and the goods match the photographs and description you gave us, including as to edition, set and condition.

12.4 Shipping at your risk. You must ship within 5 working days of receiving payment, on a tracked service, packaged so that the cards are properly protected in transit. The goods remain at your risk until they are physically received by us. If a consignment is lost or damaged in transit, the claim against the carrier is yours to make; we will provide reasonable assistance, but sums already paid for goods never received by us must be repaid.

12.5 Verification. We inspect incoming goods within 5 working days of receipt. If the goods conform to the agreed itemised contents and description, the sale is final on both sides.

12.6 Misdescription. If on inspection the goods are materially not as described — wrong edition or set, condition materially below what was shown, missing items — we may at our option either propose a revised price, or unwind the sale in whole or in part. If we propose a revised price and you accept, the difference is settled promptly on both sides. If you decline, or do not respond within 14 days, we may unwind. On an unwinding you must repay the sums we paid for the affected goods, and we will return them to you, at your cost, promptly after repayment.

Any issue under this section will be notified to the seller within 5 working days of physical receipt of the items; if no such notice is given within that period, the sale is final for both parties.

12.7 Counterfeit or altered items. If any item is counterfeit or altered contrary to clause 12.3, the sale of that item is void and you must repay the amount attributed to it. Because counterfeit cards must not re-enter the market, we may permanently mark any such item as counterfeit before returning it, and where the law requires we may instead surrender it to the relevant authorities; you agree we have no liability for doing either.

12.8 Indemnity. You will indemnify us in full against all losses, claims, damages and costs (including reasonable legal costs) arising from any breach of the warranties in clause 12.3, including any third-party claim that goods you sold us were stolen, encumbered or not yours to sell.

13. General

Notices and communications. Notices under these terms are validly given by email or WhatsApp to the addresses or numbers each party has provided, and are treated as received on the next working day after sending. Our details are in section 1.

Events outside our control. We are not liable for delay or failure caused by events outside our reasonable control, and affected timescales (including the agreed delivery period) are extended by the duration of the event. If such an event continues for 60 working days beyond the agreed delivery period, either party may cancel the undelivered goods, and we will refund sums paid for them.

Assignment. We may assign or transfer our rights and obligations under these terms to a successor of the business. You may not assign or transfer yours without our prior written consent.

Severability, waiver, variation, third parties. If any provision of these terms is found unenforceable, it is severed and the remainder stands. No failure or delay in enforcing a right is a waiver of it. No variation of these terms or of any contract under them is effective unless in writing and agreed by us. No one other than you and us has any right to enforce any of these terms.

14. Governing law and jurisdiction

These terms, every order and every sale to us under them, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), are governed by the law of England & Wales, and the courts of England & Wales have exclusive jurisdiction.