Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Pokemonke! The terms "we", "us" and "our" refer to Pokemonke. Pokemonke operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Pokemonke is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products. However, colors or product appearance may differ from how they appear on your screen due to your device, display, or settings.

Product packaging, artwork, and other details may also vary from manufacturer images where applicable.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction.

Unless otherwise stated, Pokémon trading card products sold by Pokemonke are sold as sealed products.

Pokemonke is an independent retailer and is not affiliated with, endorsed by, or sponsored by The Pokémon Company International, Nintendo, Game Freak, or Creatures Inc. Pokémon and related trademarks belong to their respective owners.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Pokemonke reserves the right to accept or decline an order for any reason at its discretion. Your order is not accepted until Pokemonke confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Pokemonke may be unable to accommodate cancellation requests after an order has entered processing or has shipped.

If we decline, modify, or cancel an order, we will attempt to notify you using the contact information provided with the order.

Purchases are subject to our Return and Refund Policy.

We reserve the right to limit or cancel quantities purchased per person, household, account, or order when reasonably necessary, including suspected fraud, pricing errors, abuse, or unauthorized commercial activity.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect when the order is placed and will be shown during checkout or in your order confirmation.

Unless otherwise expressly stated, posted prices do not include applicable taxes or shipping charges.

You agree to provide current, complete, and accurate purchase, payment, and account information for purchases made through our store.

You represent that you are authorized to use the payment method provided and agree to pay all charges associated with your order, including applicable shipping charges and taxes.

SECTION 5 - SHIPPING AND DELIVERY

Orders are shipped only to destinations currently supported by Pokemonke.

Orders are generally processed within 1–2 business days unless otherwise stated. Processing times may be longer during product releases, restocks, holidays, or periods of unusually high order volume.

Estimated transit or delivery times displayed at checkout are estimates and are not guarantees. Pokemonke is not responsible for delays caused by shipping carriers, severe weather, incorrect customer-provided addresses, or other circumstances outside our reasonable control.

Tracking information will be provided when available after an order has been fulfilled.

Customers are responsible for providing a complete and accurate shipping address. If an order is returned because of an incorrect or incomplete address supplied by the customer, additional shipping charges may apply before the order is resent.

For additional information, please review our Shipping Policy.

SECTION 6 - RETURNS AND REFUNDS

Returns are governed by our Return and Refund Policy.

Eligible return requests must be submitted within 14 days of delivery.

All returns require prior approval from Pokemonke. Customers must not mail or ship a return until they have received approval and return instructions from us.

Pokémon trading card products and other collectible products must remain unopened, unused, and in their original factory-sealed condition to qualify for a discretionary return.

Products that have been opened, had factory seals or shrink wrap removed, altered, used, or otherwise tampered with are not eligible for return unless otherwise required by applicable law.

Customer-remorse returns, including returns due to changing your mind or no longer wanting an item, require the customer to pay return shipping unless otherwise stated by Pokemonke.

Approved refunds are issued after the returned merchandise has been received and inspected.

Nothing in these Terms limits rights or remedies that cannot legally be excluded under applicable law.

SECTION 7 - INTELLECTUAL PROPERTY

The content and design of the Pokemonke website, excluding third-party trademarks, product imagery, intellectual property, and other materials owned by their respective rights holders, are protected by applicable intellectual property laws.

You may use our Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, republish, or commercially exploit Pokemonke-owned website materials without permission.

Pokémon and related names, characters, logos, product artwork, and trademarks are the property of their respective rights holders. Their appearance on our store is for purposes such as identifying and describing authentic products offered for sale and does not imply sponsorship or endorsement of Pokemonke.

SECTION 8 - OPTIONAL TOOLS

You may be provided access to tools offered by third parties as part of the Services that we do not control.

Such third-party tools are provided subject to the terms and policies of their respective providers. Your use of third-party tools is at your own risk and discretion.

We may offer new features, tools, or resources through the Services in the future. Such features will also be subject to these Terms where applicable.

SECTION 9 - THIRD-PARTY LINKS

The Services may contain links to websites or services operated by third parties.

We are not responsible for the content, accuracy, policies, products, services, or practices of third-party websites. If you leave our Services to access a third-party website, you do so at your own discretion.

Please review the policies and terms of third parties before entering into transactions with them.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Pokemonke is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases made through our store are transactions directly between you and Pokemonke.

By using the Services, you acknowledge that Shopify is not the seller of products purchased from Pokemonke and is not responsible for Pokemonke's fulfillment of your order except to the extent required by applicable law.

SECTION 11 - PRIVACY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Because the Services are hosted by Shopify, Shopify and other service providers may process information necessary to provide ecommerce, payment, security, analytics, shipping, and related functionality.

Please review the Privacy Policy available through our website for additional information.

SECTION 12 - FEEDBACK

If you submit reviews, suggestions, ideas, feedback, or other content to Pokemonke, you represent that you have the right to provide that content and that it does not violate applicable law or the rights of others.

We may use feedback submitted to us for legitimate business purposes, including improving and promoting our Services, subject to applicable law.

You may not submit unlawful, abusive, fraudulent, defamatory, obscene, malicious, or infringing content.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, inventory, or availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information where permitted by law.

If an order is affected by a material pricing, inventory, or listing error, we reserve the right to cancel the affected order and issue an appropriate refund.

SECTION 14 - PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services to violate applicable laws, infringe intellectual property rights, harass or harm others, transmit fraudulent or misleading information, distribute malicious software, interfere with the operation or security of the Services, impersonate another person or entity, or engage in fraudulent payment activity.

We reserve the right to suspend or terminate access to the Services when we reasonably determine that these Terms have been violated.

SECTION 15 - TERMINATION

We may suspend or terminate access to the Services where permitted by law, including in response to violations of these Terms, fraud, abuse, security threats, or unlawful activity.

Any provisions that by their nature should survive termination will continue to apply following termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE.

NOTHING IN THIS SECTION EXCLUDES WARRANTIES, RIGHTS, OR REMEDIES THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POKEMONKE AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY WHERE SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY APPLICABLE LAW.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold Pokemonke and its affiliates, partners, employees, contractors, and service providers harmless from third-party claims arising from your material violation of these Terms, applicable law, or the rights of another person.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law or severed where necessary.

The remaining provisions will remain valid and enforceable.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with policies incorporated or referenced by them, constitute the agreement governing your use of the Services to the extent permitted by applicable law.

SECTION 21 - ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

We may transfer or assign our rights and obligations where permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms and any separate agreements through which we provide Services will be governed by applicable United States federal law and the laws of the State of South Dakota, without regard to conflict-of-law principles, except where applicable law requires otherwise.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We may update these Terms of Service from time to time by posting an updated version on our website.

Where required by applicable law, we will provide notice of material changes. Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms to the extent permitted by law.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

Pokemonke
contact@pokemonke.com

1601 Mount Rushmore Rd, Ste 3, PMB 287
Rapid City, SD 57701
United States