1. The Promoter
1.1 The Promoter is Moneta Communications Ltd (Company Number 05208625), whose registered office is at Albert House, 256-260 Old St, London EC1V 9DD (“Epic Pulls”, “we”, “us” or the “Promoter”).
1.2 If you wish to contact us for any reason, please email [email protected].
2. The Competition
2.1 These terms and conditions apply to all competitions, prize draws and instant win games listed on the Promoter’s website at https://epicpulls.com/ (the “Website”) (each a “Competition”).
2.2 By entering a Competition (whether by paid entry or free postal entry), you confirm that you have read, understood and agree to be bound by these terms and conditions.
3. How to Enter
3.1 Each Competition will run from and including the opening and closing dates and times specified on the Website. These dates and times shall be referred to as the “Opening Date” and “Closing Date” respectively. All times and dates referred to are the times and dates in London, England (GMT or BST as applicable).
3.2 If it is absolutely necessary to do so, the Promoter reserves the right to change the Opening Date and/or Closing Date of any Competition. If the Promoter does change the Opening Date and/or the Closing Date of a Competition, the new details will be displayed on the Website. The Promoter will not extend the Closing Date simply to sell more entries.
3.3 All paid Competition entries must be received by the Promoter by no later than the time specified on the Closing Date. Entries received after that time may be disqualified without a refund.
3.4 The maximum number of entries to a Competition will be stated on the Website. Unless stated otherwise the maximum number of entries is equal to 15% of the total number of entries (to the nearest whole ticket). The number of entries you are able to make may be limited if the maximum number of entries is reached.
3.5 To enter a Competition online (paid entry):
- visit the Website and view the Competition;
- select the required number of entries;
- complete the checkout process and submit the online entry form; and
- complete the payment to receive your order confirmation.
3.6 All entries must be submitted in the English language. Entries in any other language will be disqualified without a refund.
3.7 For paid online entries, the Promoter will send confirmation of receipt and your allocated ticket number(s) to the email address registered to your account.
3.8 The Promoter will not accept responsibility for Competition entries that are not successfully completed, are lost or are delayed regardless of cause, including, for example, as a result of any equipment failure, technical malfunction, system, satellite, network, server, computer hardware or software failure of any kind, or any postal delay or non-delivery.
3.9 By purchasing entries and submitting a Competition entry, you are entering into a contract with the Promoter and agree to be bound by these terms and conditions.
Free Postal Entry Route
3.10 You may enter any paid Competition free of charge by following the postal entry process set out in this clause 3.10. The free postal entry route has exactly the same chance of winning as a paid entry, and postal entries are treated in the same way as paid entries for the purposes of determining a winner.
3.11 To submit a free postal entry, you must:
- have an active registered account on the Website prior to sending your postal entry. The full name, email address and postal address on the postcard must match exactly the details registered to your account. Postal entries received without a corresponding registered account, or where the details do not match, cannot be processed and will be rejected without notification;
- send your entry on an unenclosed postcard, or on a single sheet of paper inside an unsealed envelope, by first or second class Royal Mail post (or equivalent standard service) to: Moneta Communications Ltd, Albert House, 256-260 Old St, London EC1V 9DD. Special delivery, signed for, tracked or any other premium-rate postage method does not constitute free entry and entries sent by such methods will be rejected.
- ensure that the entry is hand-written. Typed, printed, photocopied, computer-generated or mechanically reproduced entries will not be accepted and will be disqualified without notification or refund of postage. The hand-writing must be legible – incomplete or illegible entries will be disqualified;
- include with your entry the following information, all hand-written:
- your full legal name;
- your full postal address (no PO Box addresses accepted);
- the email address registered to your Epic Pulls account;
- a contact telephone number; and
- the exact name of the Competition you wish to enter, as displayed on the Website.
3.12 A maximum of one (1) entry is permitted per postcard or envelope. There is no limit to the number of separate postcards or envelopes you may send across different Competitions, but each must comply with clause 3.10. Bulk entries containing multiple Competitions on a single postcard will be counted as one entry only and the Promoter will determine which Competition the entry is applied to.
3.13 A maximum of one (1) postal submission is permitted per postcard or envelope. There is no limit to the number of separate postal submissions an entrant may make to the same Competition, save that postal entries (including all tickets allocated under this clause) count towards any per-person entry cap published for that Competition. To ensure equivalence with paid entry, each valid postal submission will be allocated the number of tickets equal to the cost of a Royal Mail second class stamp divided by the ticket price for that Competition (rounded down to the nearest whole ticket, with a minimum of one (1) ticket). For example, if a second class stamp costs £0.85 and the ticket price is £0.20, your postal submission will be allocated four (4) tickets (£0.85 ÷ £0.20 = 4.25, rounded down to 4).
3.14 To be valid, your postal entry must be received by the Promoter (at the postal address set out in clause 3.11(b)) by no later than 5:00pm (GMT or BST as applicable) on the working day immediately preceding the Closing Date of the Competition you wish to enter. The Promoter recommends allowing at least 3 to 5 working days for Royal Mail delivery. Postal entries received after this cut-off may be disqualified or, at the Promoter’s discretion, applied to a later eligible Competition.
3.15 The Promoter will process valid postal entries within forty-eight (48) hours of receipt. Once processed, the entry will be applied to the entrant’s registered Website account in the same manner as a paid entry, and an allocated ticket number (or numbers) will be visible in the entrant’s account. The application of the entry to the account constitutes acknowledgement of receipt; the Promoter will not separately notify entrants of receipt by email, post or telephone.
3.16 If the maximum number of paid entries for a Competition is reached before a postal entry is received, the postal entry will not be entered into that Competition. In such circumstances the Promoter is not obliged to refund postage costs or to apply the entry to an alternative Competition. Entrants are encouraged to send postal entries as early as possible to reduce the risk of a Competition reaching its entry cap before their entry arrives.
3.17 Where a Competition includes Instant Win prizes, postal entries are eligible for those Instant Wins on the same basis as paid entries. The Instant Win check is performed at the point the postal entry is processed onto the entrant’s account. Any Instant Win result will be displayed on the entrant’s account in the same way as for paid entries.
3.18 The Promoter will not return postcards, envelopes or any materials submitted as part of a postal entry.
4. Choosing a Winner
4.1 All valid entrants (whether by paid or free postal entry) will be entered into the draw on equal terms. The system that determines prizes does not distinguish between paid and free entry routes. The winner will be chosen by random draw, which will take place as soon as reasonably possible and in any event within seven (7) days of the Closing Date (the “Draw Date”).
4.2 All entrants will have their names and ticket numbers entered into a draw spreadsheet, which will be visible during the live draw. If you wish to have your name censored from the spreadsheet during the live draw, please contact [email protected] with reasonable time before the draw takes place.
4.3 For help with entries, please email [email protected].
5. Eligibility
5.1 The Competition is open only to residents of the United Kingdom and Ireland aged 18 years or over, except:
- current and previous employees of the Promoter;
- employees of agents or suppliers of the Promoter who are professionally connected with the Competition or its administration; or
- members of the immediate families or households of (a) and (b) above.
5.2 By entering the Competition, you confirm that you are eligible to do so and eligible to claim any prize you may win. The Promoter may require you to provide proof of eligibility. If you fail to provide such proof or other information that the Promoter may reasonably require within a reasonable time, you may be disqualified from the Competition without refund.
5.3 The Promoter will not accept Competition entries that are:
- automatically generated by computer;
- incomplete or illegible; or
- in the case of postal entries, not hand-written in accordance with clause 3.11(c).
5.4 The Promoter reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of the prize Competition.
5.5 No refunds of paid entry fees will be given in any event, including:
- if, following your entry, you subsequently find that you are not eligible to enter the Competition or claim the prize;
- if, following your entry, the eligibility criteria for entering or claiming the prize change and you are no longer eligible; or
- if you are disqualified from the Competition by the Promoter for any reason.
5.6 Entrants may enter each Competition as many times as they wish (subject to per-person and overall entry caps published for that Competition). For the avoidance of doubt, free postal entries count towards any per-person entry cap. Bulk entries, if received, will not be accepted and will only be counted as one single entry.
5.7 An entry will be declared void (without any refund) if the entrant engages in:
- any form of fraud (actual or apparent);
- fraudulent misrepresentation;
- fraudulent concealment;
- hacking or interference with the proper functioning of the Website; or
- amending, or unauthorised use of, any of the code that constitutes the Website.
5.8 Only one entrant is allowed per household per Competition. If this limit is exceeded, all entries from that address will be disqualified and no refunds will be given.
6. The Prize
6.1 The prize for each Competition is described on the Website (the “Prize”) and may include, without limitation, individual trading cards, graded cards, sealed boxes, packs or other Pokémon Trading Card Game (“Pokémon TCG”) product. Details of the Prize are, to the best of the Promoter’s knowledge, information and belief, correct as at the Opening Date.
6.2 Prizes are subject to availability. The Promoter reserves the right to substitute the Prize with a prize of equal or greater value. If any details of the Prize change, the Promoter will endeavour to update the Website as soon as reasonably possible.
6.3 The Promoter makes no representations and gives no warranties about the Prize, its value, its condition (including, in the case of graded cards, the accuracy of any third-party grading) or any other information provided on the Website. The Promoter makes no representations and gives no warranties that the information provided on the Website is accurate, complete or up to date.
6.4 The Prize may be supplied by a third-party supplier (the “Supplier”). Details of the Supplier (if any) will be provided on the Website.
6.5 The Promoter reserves the right to substitute the Prize for an alternative cash prize (“Cash Prize”) in the following circumstances:
- the Prize becomes unavailable;
- other circumstances beyond the reasonable control of the Promoter make it necessary to do so; or
- the winner opts for a Cash Prize instead of the Prize. Where offered, the cash alternative will be calculated by reference to [market/trade valuation method – e.g. an independent card-market pricing index]. Any cash values advertised are an approximate price and the cash alternative value will be confirmed at the current market value at the time of the sale.
6.6 The Prize is not negotiable or transferable.
7. Winners
7.1 The decision of the Promoter is final and no correspondence or discussion will be entered into.
7.2 The winner’s full name will be announced during the live draw. If you wish for your name to be censored during the live draw, please contact [email protected] with reasonable time before the draw takes place.
7.3 The Promoter will contact the winner immediately after the Draw Date, via email and the account section provided with the Competition entry (this contact constitutes “notification” for the purposes of this clause). All Prizes must be claimed within thirty (30) days of the winner being notified. If the winner cannot be contacted, is not available, or fails to successfully claim the Prize within this thirty (30) day period, the Prize will expire and the winner’s entitlement to it will be forfeited. In such circumstances, the Promoter reserves the right (but is under no obligation) to offer the Prize to another entrant (the “Alternate Winner”) selected at random from the remaining valid entries received before the Closing Date. Any Alternate Winner shall have thirty (30) days from notification of their status to claim the Prize before it expires.
7.4 The Promoter must publish or make available information that indicates that a valid award took place. To comply with this obligation, the Promoter will publish the full name and winning ticket number of major prize winners on its social media pages.
7.5 If you object to any or all of your full name, county/town of residence and winning entry being published or made available, please contact the Promoter at [email protected] prior to the Closing Date. In such circumstances, the Promoter must still provide the information to the Advertising Standards Authority on request.
7.6 Before any Prize is released, the Promoter will take reasonable steps to verify the identity and eligibility of the winner. This may include requiring the winner to provide a copy of their passport or driving licence, proof of current address, and (in the case of a paid entry) confirmation that the winning entry was made using a debit/credit card belonging to the winner or used with the express authorisation of the cardholder. The Promoter may withhold the Prize, and the thirty (30) day claim period in clause 7.3 will not be treated as satisfied, until the Promoter is reasonably satisfied as to the winner’s identity and eligibility.
8. Claiming the Prize
8.1 You must claim the Prize personally. The Prize may not be claimed by a third party on your behalf. Details of how the Prize will be delivered to you (or made available for collection) are published on the Website, or available on request. As set out in clause 7.6, the winner may be required to forward a copy of their passport or driving licence to the Promoter to prove their identity and (in the case of a paid entry) that their entry was made using a valid debit/credit card belonging to the entrant or used with the express authorisation of the cardholder.
8.2 If your personal details, including contact information, change at any time, you should notify the Promoter as soon as reasonably possible by emailing [email protected]. Notifications must include details of the Competition you have entered, your old details and your new details. If your details change within ten (10) days of the Closing Date, the Promoter will use your old details if it needs to try to contact you.
8.3 Any Cash Prize will be transferred directly to the winner’s nominated bank account. The winner must provide evidence that they are the sole or joint beneficiary of the bank account. Failure to provide this evidence and successfully claim the Cash Prize within thirty (30) days of the prize being won will result in disqualification from the Competition, the expiration of the Prize, and the permanent forfeiture of the winnings. In such circumstances, the Promoter reserves the right (but is under no obligation) to offer the Prize to the next eligible entrant selected from the valid entries received before the Closing Date.
8.4 The Promoter does not accept any responsibility and is not liable to pay any compensation if you are unable to or do not take up the Prize.
8.5 High-value Prizes (including graded cards and sealed product above a value threshold set out on the Website) will be sent using a signed-for, tracked and/or insured delivery service. Proof of identity and, where required, a signature on delivery may be requested before the Prize is dispatched or handed over.
9. Limitation of Liability
9.1 Insofar as is permitted by law, the Promoter, its agents or distributors will not in any circumstances be responsible or liable to compensate the winner or accept any liability for any loss, damage, personal injury or death occurring as a result of taking up the Prize except where it is caused by the negligence of the Promoter, its agents or distributors or that of their employees. Your statutory rights are not affected.
10. Data Protection and Publicity
10.1 By entering the Competition, you agree that any personal information provided by you with the Competition entry may be held and used only by the Promoter or its agents and suppliers to administer the Competition or as otherwise set out in the Promoter’s Privacy Policy, a copy of which is available on the Website.
10.2 If you are the winner of the Competition, you agree that the Promoter may use your name, image and town or county of residence to announce the winner of the Competition. You further agree to participate in any reasonable publicity required by the Promoter.
10.3 If you do not wish to participate in any publicity, you must notify the Promoter prior to the Closing Date. This will not affect your chances of winning the Prize. If you do not agree to participate in any publicity, the Promoter may still provide your details to the Advertising Standards Authority. This is a legal requirement that the Promoter must comply with to prove that the Competition has been properly administered and the Prize awarded.
10.4 If you are the winner of the Competition, you may be required to provide further personal information and proof of your identity in order to confirm your eligibility to claim the Prize and to transfer ownership of the Prize to you. You consent to the use of your information in this way. You are entitled to request further details about how your personal information is being used. You may also withdraw your consent to your personal information being used in such way, but by doing so you may prevent the Prize being transferred to you. In such circumstances, you will be deemed to have withdrawn from the Competition and forfeit the Prize. You will not be entitled to any refund of your entry fee. The Promoter reserves the right to offer the Prize to the next eligible entrant selected from the valid entries received before the Closing Date.
10.5 Please note that under data protection laws you are entitled to request that the Promoter does not contact you and removes your details from its database. If you make such a request, you will be withdrawing from the Competition as it will not be possible to contact you in the event that you are the winner. You will not be entitled to any refund of any entry fee if you withdraw from the Competition. If you do not wish any of your personal details to be used by the Promoter for promotional purposes, please email the Promoter at [email protected] prior to the Closing Date.
11. General
11.1 The Promoter reserves the right to amend these terms and conditions from time to time. The latest version of these terms and conditions will be available on the Website.
11.2 If there is any reason to believe that there has been a breach of these terms and conditions, the Promoter may, at its sole discretion, reserve the right to exclude you from participating in the Competition and any future Competitions.
11.3 The Promoter reserves the right to hold void, suspend, cancel or amend the prize Competition at any time where it becomes necessary to do so. If the Competition is cancelled, the Promoter will return the entry fees to each entrant (either by bank card refund or by cheque, and in one combined payment where several entries have been made by an entrant). Where the entry fee is returned, the Promoter shall have no further liability to the entrant or to any other person. For the avoidance of doubt, no refund of postage is payable in respect of free postal entries in any circumstances.
11.4 The Competitions on the Website are in no way sponsored, endorsed, administered by or associated with Facebook, The Pokémon Company, Nintendo, Game Freak, Creatures Inc., or any other social media platform, trademark owner or rights holder. By entering the Competitions, entrants agree that no such platform, company or rights holder has any liability and is not responsible for the administration or promotion of the Competitions.
11.5 There is no minimum number of entries required for a Competition. The Promoter will not hold void, suspend, cancel, extend the Closing Date of, or otherwise amend, a Competition due to a lack of entries. The Draw will take place, and the Prize will be awarded, as scheduled regardless of the number of entries received.
11.6 You should print a copy of these terms and conditions and keep them for your records.
12. Sale of Products
General
12.1 In addition to Competitions, the Promoter sells Pokémon TCG and related products through the Website, including individual (“single”) cards, graded cards, sealed booster packs, boxes and other sealed product, and accessories (each a “Product”). This clause 12 applies to every order you place for Products (an “Order”). When selling Products, references in these terms and conditions to the Promoter, “we” or “us” include the Promoter acting as seller, and references to “you” mean the person placing the Order.
12.2 Products are sold to consumers for their own domestic and private use. If you are buying Products in the course of a business, trade or profession, clauses 12.24 to 12.29 (Your Right to Cancel) do not apply to you.
12.3 To place an Order you must be aged 18 or over and provide a delivery address in the United Kingdom or Ireland.
Placing an Order
12.4 To place an Order online:
- visit the Website and select the Product(s) you wish to purchase;
- add the Product(s) to your basket and proceed to checkout;
- check your Order, including delivery details and charges, and correct any errors before submitting it; and
- complete the payment.
12.5 After you submit an Order, we will send you an email acknowledging it. This acknowledgement does not mean your Order has been accepted. Our acceptance of your Order takes place when we email you to confirm that the Product(s) have been dispatched (the “Dispatch Confirmation”), at which point a contract between you and us will come into existence.
12.6 We may decline an Order for any reason before sending the Dispatch Confirmation, including where the Product is out of stock, there is an error in the price or description of the Product, we are unable to obtain authorisation for your payment, the Order exceeds a published purchase limit, or we reasonably suspect fraud or the use of automated purchasing software. If we decline your Order, we will tell you and refund any payment taken in full.
Product Descriptions and Condition
12.7 We take reasonable care to ensure that Product descriptions and images on the Website are accurate. Images of sealed product and stock images are for illustration only. Where a photograph shows the actual single or graded card you will receive, this will be stated on the Website.
12.8 Ungraded single cards are described using the condition grades published on the Website [e.g. Near Mint / Lightly Played / Moderately Played / Heavily Played / Damaged – link to condition guide]. Condition grading involves a degree of judgement, and reasonable variation within a stated grade is not in itself a fault.
12.9 Graded cards are sold as graded by the third-party grading company named in the Product listing (for example, PSA, CGC or Beckett). The grade is the opinion of that grading company and we do not regrade cards. Minor surface marks on the protective case consistent with normal handling, which do not affect the card inside, are not in themselves a fault. We will not knowingly sell a graded card whose case has been opened, resealed or otherwise tampered with.
12.10 Sealed Products (including booster packs, booster boxes, Elite Trainer Boxes and similar) are sold in their original factory-sealed condition. The cards contained in sealed Products are randomly inserted by the manufacturer. We do not open, search, weigh or otherwise tamper with sealed Products, and we do not guarantee that any sealed Product will contain any particular card, rarity or pull rate. The contents you receive when opening a sealed Product are not grounds for a refund or claim unless the Product is faulty or not as described (for example, it is not genuine or has been resealed).
12.11 All Products sold on the Website are genuine and are sourced from [authorised distributors / other trusted sources]. If any Product we supply is not genuine, you will be entitled to a full refund, including delivery costs, in addition to your statutory rights.
Pricing and Payment
12.12 Prices are shown in pounds sterling (£) and [include VAT where applicable / the Promoter is not VAT registered and no VAT is charged]. Delivery charges are shown at checkout before you submit your Order.
12.13 If we discover an error in the price of a Product you have ordered, we will contact you before sending the Dispatch Confirmation to ask whether you wish to continue with the Order at the correct price or cancel it for a full refund. If the pricing error is obvious and could reasonably have been recognised by you as a mispricing, we may cancel the Order and refund you in full even after sending the Dispatch Confirmation.
12.14 Payment must be made in full at the time you place your Order using one of the payment methods shown on the Website.
12.15 We may set purchase limits per customer, household, address or payment method for some Products, particularly new releases and high-demand items. We may cancel, in whole or in part, any Order that exceeds a published limit, is placed using automated software, or that we reasonably believe is being placed for commercial resale, and we will refund you in full for any part of the Order we cancel.
Pre-Orders
12.16 Some Products may be offered for pre-order before their release date. Payment for pre-orders is [taken in full at the time of the pre-order]. Release and dispatch dates shown for pre-orders are estimates based on information from the manufacturer or distributor and may change. We will keep you informed of any significant change.
12.17 Our stock of a pre-order Product depends on the allocation we receive from our distributors. If our allocation is reduced or cancelled, we may reduce or cancel your pre-order, fulfilling pre-orders in the order in which they were received, and we will refund you for any Products we cannot supply within fourteen (14) days of telling you.
12.18 You may cancel a pre-order at any time before we send the Dispatch Confirmation by emailing [email protected], and you will receive a full refund. Your right to cancel under clause 12.24 also applies once the Products have been delivered.
Delivery
12.19 We deliver to addresses in the United Kingdom and Ireland. Delivery options, charges and estimated dispatch times are shown on the Website. Unless otherwise agreed or stated on the Website (including for pre-orders), we will deliver your Order within thirty (30) days of the date on which you place it.
12.20 Orders with a value of more than [£X] will be sent using a signed-for, tracked and/or insured delivery service, and a signature on delivery may be required.
12.21 The Products will be your responsibility from the time they are delivered to the address you gave us, or collected by you or a person you have nominated. You will own the Products once they have been delivered and we have received payment in full.
12.22 If your Order has not arrived within [X] working days of the estimated delivery date, or arrives damaged, please contact us at [email protected] as soon as possible (and, for damaged parcels, ideally within [48 hours] of delivery), with your order number and photographs of the packaging and Products. We will investigate with the carrier and, where the Products have been lost or damaged in transit, we will replace them or refund you. This does not affect your statutory rights.
12.23 If a delivery cannot be completed because you gave us an incorrect address, or the parcel is not collected and is returned to us, we will contact you to arrange redelivery and may charge you for the additional delivery cost. If we cannot contact you or arrange redelivery within [fourteen (14)] days, we may end the contract and refund the price of the Products, less any delivery costs we have reasonably incurred.
Your Right to Cancel
12.24 Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you are a consumer you have the right to cancel your contract for Products within fourteen (14) days without giving any reason. The cancellation period ends fourteen (14) days after the day on which you, or a person you nominate (other than the carrier), receive the Products. Where Products in one Order are delivered on different days, the period ends fourteen (14) days after the day you receive the last of them.
12.25 To cancel, you must tell us of your decision by a clear statement sent to [email protected]. You may use the model cancellation form set out in the Schedule to these terms and conditions, but you do not have to. You will have met the deadline if you send your notice of cancellation before the cancellation period ends.
12.26 You must send the Products back to us at [returns address] without undue delay and in any event no later than fourteen (14) days after the day on which you tell us you are cancelling. You will be responsible for the direct cost of returning the Products. We recommend that you obtain proof of postage and, for higher-value Products, use a tracked and insured service.
12.27 We will refund all payments received from you for the cancelled Products, including the cost of standard delivery (but not any additional cost of a premium delivery option you chose). We will make the refund within fourteen (14) days of the day we receive the Products back or, if earlier, the day you provide evidence that you have sent them back. If you cancel before the Products are dispatched, we will refund you within fourteen (14) days of the day you tell us. Refunds will be made using the same payment method you used for the Order, and you will not be charged any fees for the refund.
12.28 You may handle the Products only to the extent necessary to establish their nature, characteristics and functioning, as you would in a shop. We may reduce your refund to reflect any reduction in the value of the Products caused by handling beyond this, including where:
- the factory seal, shrink-wrap or packaging of a sealed Product has been opened, removed or damaged;
- the protective case of a graded card has been cracked, opened or tampered with, or its label altered; or
- a single card has been removed from its protective sleeve or holder and handled or played with so that its condition has deteriorated.
12.29 Because the contents of an opened sealed Product cannot be verified or resold as sealed, the reduction applied under clause 12.28 in respect of an opened sealed Product may be up to its full price.
Faulty Products or Products Not as Described
12.30 We are under a legal duty to supply Products that conform with our contract with you. If you are a consumer, the Consumer Rights Act 2015 says Products must be as described, fit for purpose and of satisfactory quality. In summary: (a) if a Product is faulty or not as described, you may reject it for a full refund within thirty (30) days of delivery; (b) after thirty (30) days, or if you do not reject it, you are entitled to a repair or replacement, and if that is not possible or does not fix the problem, to a price reduction or a refund; and (c) you may have up to six (6) years (five (5) years in Scotland) to bring a claim. Nothing in these terms and conditions affects these legal rights. For more information, visit the Citizens Advice website.
12.31 If you believe a Product is faulty or not as described, please email [email protected] with your order number, a description of the problem and photographs. Where a Product is faulty or not as described, we will pay the reasonable cost of returning it to us.
12.32 The following are not, in themselves, faults or grounds for a claim: the random contents of sealed Products as described in clause 12.10; reasonable variation in condition within a stated grade for single cards; and the opinion of a third-party grading company in respect of a graded card, provided the card and its case are as described.
Our Liability for Products
12.33 If we fail to comply with these terms and conditions in respect of an Order, we are responsible for loss or damage you suffer that is a foreseeable result of our breach or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
12.34 Products are supplied for domestic and private use only. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of any anticipated resale, collectable or investment value of any Product (including the value of any card you hoped to obtain from a sealed Product).
12.35 We do not exclude or limit in any way our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your statutory rights in relation to the Products, including under the Consumer Rights Act 2015; or for defective products under the Consumer Protection Act 1987.
12.36 Subject to clause 12.35, our total liability to you in respect of any Order will not exceed the total price paid by you for that Order, including delivery charges.
12.37 We will not be responsible for delays or failures to perform our obligations in respect of an Order caused by events outside our reasonable control, including manufacturer or distributor delays and carrier disruption. If such an event occurs, we will contact you as soon as possible, and if there is a substantial delay you may cancel the Order and receive a refund for any Products you have paid for but not received.
13. Governing Law
13.1 These terms and conditions, and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales.
13.2 The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions.
13.3 If you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in respect
of the Products or a Competition in the courts of your home country, and nothing in this clause 13 deprives you
of the protection of any mandatory consumer law of the country in which you live.
14. Mobile Terms of Service
The Moneta Communications mobile message service (the “Service”) is operated by Moneta Communications (“Moneta Communications”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Moneta Communications’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Moneta Communications through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Moneta Communications. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to Epic Pulls or click the unsubscribe link (where available) in any text message to cancel. You’ll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Moneta Communications mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.
For Service support or assistance, text HELP to Epic Pulls or email [email protected].
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.