Terms and Conditions

Age Restriction for Customers
We have no minimum age requirement for purchases. However, users under the age of 18 should obtain parental permission before placing orders.

Order Acceptance and Cancellations
Pokécado Kaufmann reserves the right to cancel or reject orders due to stock issues, pricing errors, or other circumstances. We will notify our customers promptly if there are any issues with their order.

Payment Options
We currently accept Twint, credit cards, Apple Pay, and PayPal as payment options.

Shipping Terms
Pokécado Kaufmann ships primarily within Switzerland. Orders to other countries are also shipped at a higher price.

Limitation of Liability
Pokécado Kaufmann is not responsible for delays caused by third-party providers or for product defects originating from the manufacturer. We will do our best to resolve any issues related to shipping or product quality promptly.

OVERVIEW
Welcome to Pokécado Kaufmann! The terms "we", "us" and "our" refer to Pokécado Kaufmann. Pokécado Kaufmann operates this store and website, including all associated information, content, features, tools, products and services, to provide you, the customer, with a personalised shopping experience (the "Services"). Pokécado Kaufmann is built on Shopify, which enables us to provide you with the Services.

The following terms and conditions, together with the policies referenced herein (these "Terms and Conditions" or "Terms"), describe your rights and obligations when using the Services.

Please read these Terms and Conditions carefully, as they contain important information about your legal rights and cover topics such as disclaimers of warranties and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you confirm that you are of legal age in the state or region where you reside, and that you have given us your consent to allow your minor dependants to use the Services on devices you own, have purchased, or manage.
To use the Services, including accessing or navigating our online stores or purchasing products or services we offer, you may be asked to provide certain information such as your email address and billing, payment, and delivery information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you are fully authorised to provide such information.
You alone are responsible for keeping your account login credentials secure and for all activity on your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible in our online stores. However, please note that colours or the appearance of products may differ from what is displayed on your screen, depending on the device you use to access the store and its settings and configuration.
We make no guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match the representations in our online stores.
All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. Pokécado Kaufmann reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only considered accepted once confirmed by Pokécado Kaufmann. Acceptance of your order is conditional upon receipt and processing of your payment. Please review your order carefully before submitting it, as Pokécado Kaufmann may be unable to accommodate cancellation requests once an order has been accepted. If we are unable to accept, amend, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided at the time of ordering.
Returns or exchanges of your purchases are only permitted in accordance with our Right of Withdrawal.
You represent and warrant that your purchases are intended for personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may be changed without prior notice. The price charged for a product or service is the price in effect at the time of the order and will be stated in the order confirmation sent to you by email. Unless expressly stated otherwise, the prices shown do not include taxes, shipping, handling, customs, or import fees.
Prices listed in our online stores may differ from those in physical stores or in online stores or other stores operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and that are subject to different terms and conditions than those set out herein. In the event of any inconsistency between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiry dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is truthful, accurate, and complete; (ii) you are authorised to use that credit card for the purchase; (iii) charges incurred by you will be honoured by your credit card company; and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Once we have handed the products over to the shipping carrier, title and risk of loss transfer to you. Transit damage occurring after handover to the shipping carrier must be claimed directly with the respective carrier. Pokécado Kaufmann accepts no liability for damage that occurs during transit.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, representations, images, graphics, product reviews, video and audio files, and their design, selection, and arrangement, are the property of Pokécado Kaufmann, its affiliates, or licensors and are protected by US and foreign patent, copyright, and other intellectual property laws.
These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services. Except as expressly provided herein, nothing in these Terms and Conditions grants you any licence or other rights in or to any patents, trademarks, copyrights, or other intellectual property of Pokécado Kaufmann, Shopify, or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Pokécado Kaufmann.
The names, logos, product and service names, designs, and slogans of Pokécado Kaufmann are trademarks of Pokécado Kaufmann or its affiliates or licensors. You may not use these marks without the prior written permission of Pokécado Kaufmann. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may have access to customer tools offered by third-party providers as part of the Services, which we neither monitor, control, nor influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim any liability arising from or related to your use of optional third-party tools.
Use of any optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarising yourself with and accepting the terms and conditions under which those tools are provided by the relevant third-party providers.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including all embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of materials or third-party websites that you choose to access. If you choose to leave the Services to access such materials or third-party websites, you do so at your own risk.
We are not liable for any harm or losses arising from your access to third-party websites or from the purchase or use of products, services, resources, or content on third-party websites. You should carefully review the policies and practices of any third party before entering into a transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE FOR MERCHANTS: This section accurately characterises the relationship between Shopify and your store and should not be removed or altered.]
Pokécado Kaufmann is powered by Shopify, which enables us to provide you with the Services. However, all sales and purchases made in our store are completed directly with Pokécado Kaufmann. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the transactions between you and Pokécado Kaufmann, including any injuries, damages, or losses arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and liabilities arising out of or related to your purchases and transactions with Pokécado Kaufmann.

SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which can be viewed here. In addition, certain personal data may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these privacy policies.
As the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services in order to provide and improve the Services for you. Data you submit to the Services is shared with Shopify and with third-party providers who may be located in countries other than the country in which you reside, in order to provide the Services to you. Our Privacy Policy contains further information about how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK
When you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may, for example, exercise our rights under this licence to operate, provide, evaluate, expand, improve, and promote the Services, and to fulfil our obligations and exercise our rights under the Terms and Conditions.
You further represent and warrant that: (i) you own all Feedback content or have full rights thereto; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obligated to (1) keep your Feedback confidential, (2) pay compensation for your Feedback, or (3) respond to your Feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms and Conditions.
You represent that your Feedback does not infringe the rights of any third party, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights. You further represent that your Feedback does not contain defamatory or otherwise unlawful, offensive, or obscene content and is free of computer viruses or other malware 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 as to the origin of any Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without prior notice (including after your order has been submitted).

SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not directly or indirectly access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or other persons; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use material that does not comply with these Terms and Conditions; (g) to transmit or procure the sending of any advertising or promotional material, including "junk mail", "chain letters", "spam", or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use of the Services or that may, in our judgement, harm Pokécado Kaufmann, Shopify, or users of the Services or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming, pretexting, spidering, crawling, or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the internet. We reserve the right to suspend, disable, or close your account at any time without notice if we determine that you have violated any part of these Terms.

SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, 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 should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES
The information presented in or through the Services is made available solely for general informational purposes. We make no warranty as to the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY POKÉCADO KAUFMANN, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, 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. WE DO NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, POKÉCADO KAUFMANN, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Pokécado Kaufmann, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable legal fees payable to third parties, arising out of (1) your breach of these Terms and Conditions or the documents they reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claims, provided that failure to give prompt notice does not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defence and settlement of any such claim at your expense, including the choice of legal counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms and Conditions. The validity and enforceability of the remaining provisions shall not be affected by such a finding.

SECTION 19 – WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions, together with any policies or operating rules posted by us on this website or in relation to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT
You may not transfer, assign, or delegate this agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so is null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 21 – GOVERNING LAW
These Terms and Conditions and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the laws of the country in which Pokécado Kaufmann has its principal place of business, and the federal and cantonal courts of that country shall have jurisdiction. You and Pokécado Kaufmann consent to the jurisdiction and personal jurisdiction of those courts.

SECTION 22 – HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms and Conditions.

SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right to update, change, or replace any part of these Terms and Conditions at our sole discretion by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will inform you of any material changes to these Terms in accordance with applicable law. Such changes take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms and Conditions constitutes your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION
If you have any questions about the Terms and Conditions, please contact us at michel@pokecado.com.
Our contact details are listed below:
Pokécado Kaufmann
michel@pokecado.com
Zweibrücken 9, 9056 Gais, Switzerland
CHE-401.403.124