Terms of Trade
OVERVIEW
This website is operated by Pokedeal.dk. Throughout the site, the terms “we”, “us” and “our” refer to Pokedeal.dk. Pokedeal.dk offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing something from us, you are using our “Service” and agreeing to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or accessible by hyperlink. These Terms of Service apply to all users of the website, including without limitation users viewing content, as well as merchants, customers, merchants and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any portion of the website, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store are also subject to the Terms of Service. You can review the current version of these Terms of Service at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that enables us to sell our products and services to you.
SECTION 1 – WEBSHOP TERMS AND CONDITIONS
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, or that you have reached the age of majority in your state or province of residence and you have given us your consent to allow minors for whom you are a guardian to use this website.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including, but not limited to, copyright laws) while using the Service.
You may not transmit worms or viruses or any form of code of a destructive nature.
A breach or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 – GENERAL TERMS AND CONDITIONS
We reserve the right to deny anyone access to the Services at any time for any reason.
You agree that your content (excluding credit card information) may be transmitted unencrypted and may involve (a) transmissions over various networks and (b) modifications to comply with and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree that you will not reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any form of contact on the website through which the Service is provided, without our express written permission.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if any information made available on this website is not accurate, complete or current. The material on this website is for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any use of the material on this site is at your own risk.
This website may contain certain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to change the content of this website at any time, but we are not obligated to update information on our website. You agree that it is your responsibility to check our website for changes.
SECTION 4 – CHANGES TO SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We are not liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and may only be returned or exchanged in accordance with our refund policy: [LINK TO REFUND POLICY]
We have made every effort to reproduce the colors and images of our products displayed in the store as accurately as possible. We cannot guarantee that your computer screen's display of colors will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic area, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of products or services that we offer. All product descriptions or product prices are subject to change at any time without notice in our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited.
We do not warrant that the quality of any products, services, information or other materials purchased or acquired by you will meet your expectations or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed with or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by resellers or distributors.
You agree to provide current, complete and accurate purchase and account information in connection with all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more information, please see our refund policy: [LINK TO REFUND POLICY]
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor have any control over or ability to provide input to.
You acknowledge and agree that we provide such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement of any kind. We assume no liability arising from or related to your use of optional third-party tools.
Any use you may make of the optional tools offered through the Site is solely at your own risk and discretion and you should ensure that you are familiar with and agree to the terms on which the tools are provided by the relevant third party provider(s).
We may also offer new services and/or features through the Website (including the launch of new tools and resources) in the future. Such new features and/or services will also be subject to these Terms of Service.
SECTION 8 – THIRD PARTY LINKS
Certain types of content, products and services available through our Service may include materials from third parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for investigating or evaluating the content or accuracy, and we do not warrant, endorse, or assume any liability for third-party materials or websites or for any other materials, products, or services of third parties.
We are not responsible for any damages of any kind related to the purchase or use of goods, services, resources, content or other transactions made in connection with third-party websites. Please carefully review the third-party policies and practices and ensure that you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit certain specific submissions (e.g., contest entries) or without a request from us, you submit creative ideas, suggestions, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use any Comments that you forward to us in any media. We are and shall be under no obligation to (1) maintain any Comments in confidence; (2) pay compensation for any Comments; or (3) respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, abusive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any third-party right, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you may make and their accuracy. We assume no responsibility and are not liable for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is subject to our privacy policy, which can be viewed here: [LINK TO PRIVACY POLICY]
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product delivery charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if information in the Service or on a related website is inaccurate, at any time without prior notice (including after you have placed your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except to the extent required by law. No stated update or refresh date used in the Service or on any related website should be construed as indicating that all information in the Service or on any related website has been changed or updated.
SECTION 12 – PROHIBITED USE
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to encourage others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial or state statutes, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other form of harmful code that will or may be used in a way that affects the functionality or operation of the Service or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to send spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if any of the prohibited uses are violated.
SECTION 13 – LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that we may from time to time remove the Service for unspecified periods or cancel the Service at any time without notice to you.
You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services provided to you through the Service are provided (except to the extent expressly stated by us) as is and for your use without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Pokedeal.dk, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any direct, indirect or incidental damages, punitive damages, special damages or consequential damages, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Service or products obtained through the Service, or for any other claim in any way related to your use of the Service or any product, including, but not limited to, any errors or omissions in any content or loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted or otherwise made available through the Service, even if advised of the risk thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify and defend Pokedeal.dk and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – DISCLAIMER
In the event that any provision of these Terms of Service is determined to be illegal, void, or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms, and such determination will not affect the validity and enforceability of the remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our Website.
If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or we may therefore deny you access to our Services (or any portion thereof).
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of Denmark.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.