Terms of Service
OVERVIEW
Welcome to POKEDEALTCG. The terms “we”, “us”, and “our” refer to POKEDEALTCG. POKEDEALTCG operates this store and website, including all information, content, features, tools, products, and services provided to you, the customer, to deliver a curated shopping experience (the “Services”). POKEDEALTCG is powered by Shopify, which enables us to provide the Services.
These Terms of Service, together with all policies referenced herein (collectively, the “Terms”), set out your rights and responsibilities when using the Services.
Please read these Terms carefully — they contain important legal information, including disclaimers and limitations of liability.
By accessing, browsing, or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or the Privacy Policy, you must not use our Services.
SECTION 1: ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you are at least the age of majority in the state or province where you reside, and that you consent to any minor dependents in your care using the Services on devices you own, purchase, or manage.
To use the Services — including accessing or browsing our online store, or purchasing any products or services — you may be required to provide certain details, such as your email address, billing address, payment method, and shipping address. You represent and warrant that all information provided to our store is accurate, current, and complete, and that you hold all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity conducted under your account. You may not transfer, sell, or assign your account to any third party, nor grant any rights related to your account to others.
SECTION 2: OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online store. However, please note that product colours or appearance may differ from what you see on your screen, depending on the device and display settings you use to access the store.
We do not guarantee that the appearance or quality of products or services you purchase will match your expectations or be identical to the representations shown in our online store.
All product descriptions are subject to change at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time, and may limit the quantity of products made available to any person, geographic region, or jurisdiction, as applicable.
SECTION 3: ORDERS
When you place an order, you are making an offer to purchase. POKEDEALTCG reserves the right to accept or reject any order for any reason, at our sole discretion. Your order is not considered accepted until confirmed by POKEDEALTCG. We must receive and process your payment for an order to be accepted. Please review your order carefully before submission, as we may be unable to process cancellation requests once an order has been accepted.
If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, or phone number provided at the time of purchase.
Purchases are subject to returns or exchanges only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use only, and not for resale or commercial export.
SECTION 4: PRICING AND BILLING
Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service will be the rate in effect at the time your order is placed, and will be confirmed in the order confirmation email sent to you. Unless explicitly stated otherwise, displayed prices do not include taxes, shipping, handling, customs duties, or import fees.
Prices shown in our online store may differ from those offered in physical stores, other online platforms, or channels operated by third parties. From time to time, we may offer promotions related to the Services; these promotions may affect pricing and are governed by terms and conditions separate from these Terms. In the event of a conflict between promotion terms and these Terms, the promotion terms shall prevail.
For all purchases made through our store, you agree to provide current, complete, and accurate purchase, payment, and account information. You also agree to promptly update your account details — including your email address, credit card numbers, and expiration dates — so that we may complete your transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorised to use that card for the purchase; (iii) your card issuer will cover the charges incurred by you; and (iv) you will pay all applicable charges at the displayed rates, including shipping, handling, and taxes where applicable.
SECTION 5: SHIPPING AND DELIVERY
We are not liable for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We accept no responsibility for delays caused by carriers, customs processing, or events beyond our control. Once products are handed over to the carrier, ownership and risk of loss or damage pass to you.
SECTION 6: INTELLECTUAL PROPERTY
Our Services — including but not limited to trademarks, branding, text, samples, images, graphics, product reviews, video, and audio, as well as the design, selection, and arrangement of such content — are the property of POKEDEALTCG, its affiliates, or its licensors, and are protected by United States and international copyright laws and other intellectual property regulations.
These Terms grant you the right to use the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material contained within the Services without our prior written consent.
Unless expressly stated herein, no part of these Terms shall be construed as granting you any licence or right to use any patent, trademark, copyright, or other intellectual property belonging to POKEDEALTCG, Shopify, or any third party. Unauthorised use of the Services may constitute a violation of applicable federal, state, or international intellectual property laws. All rights not expressly granted herein are reserved by POKEDEALTCG.
The names, logos, product and service names, designs, and slogans of POKEDEALTCG are trademarks of POKEDEALTCG, its affiliates, or its licensors. You may not use these trademarks without our prior written consent.
Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify Inc. All other names, logos, product and service names, designs, and slogans appearing within the Services are trademarks of their respective owners.
SECTION 7: OPTIONAL TOOLS
As part of the Services, we may provide access to third-party tools that we do not monitor, control, or contribute to.
You acknowledge and agree that we provide access to such tools on an “as-is” and “as-available” basis, without warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or related to your use of optional third-party tools.
Your use of optional tools offered through the site is entirely at your own discretion and risk, and you are responsible for ensuring that you are familiar with and approve of the terms under which such tools are provided by the relevant third-party providers.
We may also introduce new features or services through the platform in the future — including new tools and resources. These new offerings shall also be deemed part of the Services and subject to these Terms.
SECTION 8: THIRD-PARTY LINKS
The Services may contain material and links to websites operated or maintained by third parties (including embedded third-party functionality). We are not responsible for the review, evaluation, or accuracy of any external sites or content you choose to access. If you leave our Services to access third-party materials or platforms, you do so entirely at your own risk.
We accept no liability for any loss or damage related to your access to or use of third-party websites, products, services, or resources. Please carefully review the policies and practices of any external service providers, and ensure you understand them, before entering into any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to those providers directly.
SECTION 9: RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and must not be removed or modified.]
POKEDEALTCG is powered by Shopify technology, which enables us to provide the Services. However, all sales and purchases made through our store are contracts directly between you and POKEDEALTCG.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and POKEDEALTCG, including injury, loss, or damage caused by products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liability arising from or related to your purchases and dealings with POKEDEALTCG.
SECTION 10: PRIVACY POLICY
All personal information we collect through the Services is governed by our Privacy Policy, available here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, available at https://privacy.shopify.com/en. By using the Services, you confirm that you have read and understood these policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal data related to your access and usage to provide, support, and improve the platform. To deliver services, information you submit through the Services will be transmitted to and shared with Shopify and third-party service providers, which may be located outside your country of residence.
For more details on how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].
SECTION 11: SUBMISSIONS
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Submissions”), you hereby grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Submissions in any media and for any purpose — including commercial use.
For example, we may use rights under this licence to operate, support, evaluate, optimise, improve, and promote the Services, and to fulfil our obligations and enforce our rights under these Terms.
You also represent and warrant that: (i) you hold all necessary rights and permissions for all Submissions; (ii) you have disclosed any compensation or incentives received in connection with providing the Submission; and (iii) your Submissions comply with these Terms.
We are under no obligation to: (1) treat Submissions as confidential; (2) provide payment or compensation for any Submissions; or (3) respond to or acknowledge Submissions.
We may — but are not required to — monitor, edit, or remove Submissions that, in our sole judgment, are illegal, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate the intellectual property rights of any party or these Terms.
You agree that your Submissions will not infringe any rights of third parties, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also agree that Submissions will not contain defamatory, unlawful, abusive, or obscene material, nor computer viruses or other malicious code that could affect the operation of the Services or any related website.
You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties regarding the origin of any Submission. You are solely responsible for the content and accuracy of any Submissions you contribute. We are not liable for any content posted by you or by any third party.
SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS
From time to time, information within the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or availability.
We reserve the right to correct any such errors, inaccuracies, or omissions, and to change, update, or cancel orders where information is incorrect, at any time and without prior notice — even after an order has been placed.
SECTION 13: PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not, directly or indirectly, use or interact with the Services:
- (a) For unlawful or fraudulent activities;
- (b) In violation of any international, federal, provincial, state, or local laws, regulations, or ordinances;
- (c) To infringe or violate our intellectual property rights or the rights of others;
- (d) To harass, abuse, insult, harm, defame, slander, disparage, or intimidate our staff or any third party;
- (e) To transmit false or misleading information;
- (f) To send, knowingly receive, upload, download, use, or re-use material that does not comply with these Terms;
- (g) To transmit or facilitate the sending of spam, chain letters, junk mail, or similar communications;
- (h) To impersonate or attempt to impersonate any person or entity;
- (i) To engage in any conduct that restricts or inhibits any person’s use or enjoyment of the Services, or that we determine may harm or expose POKEDEALTCG, Shopify, or other users to liability or prejudice.
Additionally, you agree not to:
- (a) Upload or transmit viruses or other malicious code that may affect the functionality or performance of the Services;
- (b) Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without authorisation;
- (c) Collect or track personal information of others;
- (d) Send unsolicited messages, engage in phishing, pharming, spoofing, spidering, crawling, or scraping of the website;
- (e) Interfere with or bypass security features of the Services, related sites, or the internet generally.
We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have breached any part of these Terms.
SECTION 14: TERMINATION
We may terminate this agreement or suspend or restrict your access to the Services (or any part thereof) at our sole discretion and at any time, without prior notice. You remain liable for all amounts owed up to and including the date of termination.
The following sections shall survive termination: Intellectual Property, Submissions, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature are intended to remain in effect.
SECTION 15: DISCLAIMER OF WARRANTIES
All information provided through the Services is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is at your own risk. We disclaim all liability arising from reliance placed on such materials by you, other visitors to the Services, or anyone who may be informed of its content.
UNLESS EXPRESSLY STATED OTHERWISE BY POKEDEALTCG, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND — INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
We do not warrant or represent that your use of the Services will be uninterrupted, timely, secure, or error-free.
Some jurisdictions do not allow limitations or exclusions on implied warranties, so some of the above exclusions may not apply to you.
SECTION 16: LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POKEDEALTCG, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS — NOR THOSE OF SHOPIFY OR ITS AFFILIATES — BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DAMAGE, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL — INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, SAVINGS, DATA, OR REPLACEMENT COSTS — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, ARISING FROM YOUR USE OF ANY PART OF THE SERVICES, OR FROM ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT.
THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, AND REGARDLESS OF WHETHER ANY LOSS OR DAMAGE ARISES FROM USE OR MISUSE OF THE SERVICES OR ANY CONTENT OR PRODUCT PUBLISHED, TRANSMITTED, OR MADE AVAILABLE THROUGH THE SERVICES.
SECTION 17: INDEMNIFICATION
You agree to indemnify, defend, and hold harmless POKEDEALTCG, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, liability, claim, or demand — including reasonable legal fees and costs — made by any third party due to or arising out of:
- Your breach of these Terms or any document incorporated herein;
- Your violation of any law or the rights of a third party; or
- Your access to or use of the Services.
We will notify you of any claim subject to indemnification; however, failure to notify promptly does not relieve you of your obligations unless you suffer material prejudice as a result.
We may, at your expense, control the defence and settlement of such claims — including choice of legal counsel — provided we will not settle claims that impose non-monetary obligations on you without your consent (to be given without unreasonable delay). You agree to cooperate fully in the defence of any such claim, including by providing relevant documentation and information.
SECTION 18: SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such a determination shall not affect the validity or enforceability of any remaining provisions.
SECTION 19: WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with any policies or operating rules published by us on this site or regarding the Services, constitute the entire agreement and understanding between you and us. They govern your use of the Services and supersede all prior or contemporaneous agreements, communications, and proposals — whether oral or written — between you and us (including any earlier versions of the Terms).
No ambiguity in the interpretation of these Terms shall be construed against the drafting party.
SECTION 20: ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempt to do so will be deemed void and of no effect.
We may freely transfer, assign, or delegate these Terms and any rights or obligations hereunder, without notice or consent.
SECTION 21: GOVERNING LAW
These Terms and any separate agreements under which we provide Services shall be governed by and construed in accordance with the laws and courts of the jurisdiction in which POKEDEALTCG is established. You and POKEDEALTCG irrevocably consent to the exclusive jurisdiction of such courts for any dispute arising under these Terms.
SECTION 22: HEADINGS
Section headings used throughout these Terms are included for convenience only and shall not limit or otherwise affect the interpretation or application of these Terms.
SECTION 23: CHANGES TO THE TERMS OF SERVICE
You may review the most current version of these Terms at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting revisions or updated terms on our website. It is your responsibility to check our site periodically for changes.
We will notify you of any material changes to these Terms as required by applicable law. Revisions become effective as of the date specified in the notice. Your continued use of or access to the Services after changes are posted constitutes your acceptance of the updated Terms.
SECTION 24: CONTACT INFORMATION
Please direct any questions regarding these Terms to us at:
POKEDEALTCG
Email: info@pokedealtcg.com
Address: Calle Son Bonet N9 1D, 28044 Madrid, Spain
Tax / ID Number: B22928766
