This website is operated by CCGCastle, LLC. CCGCastle, LLC is registered at 2 Craftsman Road, East Windsor, CT 06088, United States.
Throughout our website, https://www.potownstore.com, the terms “we”, “us” and “our” refer to PoTown Store operated by CCGCastle, LLC. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree 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 available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers and customers.
Please read these Terms of Service carefully. By using the store and thereby accepting these terms, you agree to be bound by these Terms of Service as they constitute a binding legal agreement. If you do not agree to all the terms and conditions of this agreement, then you must cease to use our website and/or access our services with immediate effect. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. Whenever the change will impact your continued use of our services, we will notify you and may ask for your consent to changed terms. If you continue to use our Service after such modification and corresponding notice, you will be deemed to have read, understood, and unconditionally agreed to such changes.
Our store is hosted on Shift4Shop platform. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
(1) 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 are 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 this site. You may not use the Services or provide us with personal information if you are under the age of majority in your jurisdiction unless your parent or legal guardian agrees to these Terms of Service on your behalf. By using our services you are representing the foregoing is true.
(2) The organization, graphics, compilation and other matters related to the site are protected under applicable copyrights, trademarks and other proprietary rights. PoTown Store maintains a list of Pokemon cards as released by Pokemon and The Pokemon Company International. The text, images and contents of those cards are the property of their respective owners. Your use of the site does not grant you ownership rights to any content, document or other materials found there in. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
(3) You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
(4) We are buying physical code cards from distributors and retailers that we are partnered with and then organize and validate them for your use. For faster and easier delivery to our customers, we scan the physical code cards and automatically deliver them via email. Please note each code may only be used by one user and once activated it becomes untransferable.
(5) The minimum order value is $4.00 USD (United States Dollar) , because we have to cover transaction fees, advertising and other fees related to the operation of the website. All prices are stated in USD and will be charged in USD. If funds on your bank account are in another currency, the exchange rate of your bank at the time of your purchase will apply. Your bank or credit card issuer may charge you foreign transaction fee or currency conversion fee. If you choose to pay for your purchase by credit card, the maximum value of your purchase is limited to $500. If you choose to use the payment services of PayPal, the maximum value of your purchase is $500.
SECTION 2 - GENERAL CONDITIONS
(1) As part of the provision of our Services and as part of our registration process we will ask you to provide certain information about yourself. Registration is not required to make a purchase. You agree to provide accurate and complete information required to register with the Service and to make a purchase, as may be required. You further agree to maintain and update your data as required to keep your account accurate, up to date, and complete. We may terminate your rights to all or part of the Service if any information you provide is false or incomplete.
(2) Please be aware that you are solely responsible for maintaining the confidentiality of your account's username and password. If you become aware of or suspect any unauthorized use of your username, password, or of your account, you must notify us immediately through the Contact Us menu of the Store.
(3) We reserve the right to refuse service, provided there is any justified reason allowing us to do so, including, but not limited to, your lack of compliance with these Terms. Our decision to refuse service may be justified, for example, when it is apparent that the transaction would involve a country against which economic or trade sanctions are enforced or has, according to international organizations, inadequate legislation in terms of the fight against money laundering and financing of terrorism, or is such legislation not fully implemented, or the country is in any other way associated with risks that may affect the success of the fight against money laundering and terrorism financing.
(4) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
SECTION 3 - PURCHASING
(1) For all charges for our Service, we, or payment processor acting on our behalf, will bill your credit card or alternative payment method. You agree to pay all fees and applicable taxes incurred by you. If we are required to collect or pay any taxes in connection with your purchase, such taxes will be charged to you at the time of the transaction. You are responsible for any third party fee such as internet, mobile carrier fee or other access or data fees in connection with Your use of the Service. For example, in some cases your bank or payment service provider may additionally charge you with an International service assessment (ISA) fee if you are paying by Visa credit or debit card. You agree that you will not cancel or reverse any charges or otherwise attempt to defraud us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses.
(2) ALL PURCHASES ARE NON-RETURNABLE AND NON-REFUNDABLE. Our service is deemed complete once you receive our delivery. Please note that by accepting these Terms you are deemed to have consented to not being entitled to withdraw from the agreement on the purchase after you have placed your order.
(3) POTCG d.o.o., Dunajska cesta 151, 1000 Ljubljana, Slovenia is processing Credit Cards, Apple Pay and Google Pay through payment processor Stripe (www.stripe.com). CCGCastle, LLC, 2 Craftsman Road, East Windsor, CT 06088, United States is processing payments through PayPal (www.paypal.com).
SECTION 4 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
(1) We shall not be held responsible if any information made available on this site is not accurate, complete, or current. The material on this site is provided 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.
(2) This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we may not notify you of every update to information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
(1) Prices for our products are subject to change without notice.
(2) We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
(3) We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
(4) We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
(1) We reserve the right to refuse any order you place with us for a justified reason, as mentioned in these Terms. We may, in our sole discretion, limit or cancel quantities offered per person, or per order, for example, when circumstances would indicate there may have been an attempt of misuse of a credit card or some other kind of unauthorized transaction. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We may refuse to accept an order not complying with the stated restrictions. We also reserve the right to limit or refuse to accept orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
(2) You agree to provide current, complete, and accurate purchase and account information for 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.
SECTION 7 - OPTIONAL TOOLS
(1) We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
(2) You acknowledge and agree that we provide access to such tools on an ”as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
(3) Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
(4) We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
(1) Certain content, products, and services available via our Service may include links to the materials from third-parties.
(2) Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third parties and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
(3) We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party in the first instance. Whilst we appreciate any feedback you might have about our trusted third-party partners we do not accept any responsibility for their communications, performance, or otherwise.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
(1) If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we, unless explicitly required by law, are under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
(2) We may monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
(3) You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. 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.
SECTION 10 - PERSONAL INFORMATION
(2) We treat your personal information with the strictest confidence and comply, at all times, with current data protection legislation.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
(1) Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping 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 any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
(2) We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
(3) No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on 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 type of malicious code that will or may be used in any way that will affect 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 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 for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
(1) To the maximum extent permitted by law, the Service is provided “as is” and “as available” and without warranties of any kind. We make no representations or warranties or guarantees of any kind or nature, whether express or implied, and to the extent prohibited by law, specifically disclaim all such warranties, including without limitation any implied warranty of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the previous disclaimer, we do not represent, warrant or guarantee that the purchased content will (i) be compatible with your hardware or software, (ii) operate in an uninterrupted, timely, secure, or error-free manner, (iii) will always be available or free from all harmful components or errors, including but not limited to viruses, interferences, corruption or other security instructions, or (iv) will be secure or immune from hacking or other unauthorized access.
(2) You agree that from time to time we may remove the service for indefinite periods of time or cancel the Service at any time, without notice to you.
(3) You expressly agree that your use of, or inability to use, the service is at your sole risk.
(4) In no case shall PoTown Store operated by CCGCastle, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless PoTown Store operated by CCGCastle, LLC 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 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
(1) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
(2) 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 site.
(3) If you want to terminate your account, please notify us through the Contact Us menu. We will terminate your Account promptly upon receipt of your notice and provided that you have settled all outstanding amounts associated with your account. When your account is terminated, we may permanently delete all data or other information associated with your account. We shall have no liability for such deletion resulting from the termination of your account upon your will.
(4) If you fail to comply with any term or provision of these Terms of Service, we also may 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 accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
(1) The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
(2) These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
SECTION 18 - CHANGES TO TERMS OF SERVICE
(1) You can review the most current version of the Terms of Service at any time on this page.
(2) We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to our website or the Service following our notice of the posting of any changes to these Terms of Service may constitute acceptance of those changes. These terms of service were last updated in November 2020.
SECTION 19 - GOVERNING LAW AND COURTS
(1) If you are a customer residing in the European Economic Area or Switzerland: the laws and courts of your country of residence will apply to any dispute arising out of or relating to these terms. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform. Provisions of these Terms do not limit or restrict your rights to access to judicial forum granted to you by law.
(2) If you are a customer residing outside the European Economic Area or Switzerland: these terms are governed by English law and you submit to the exclusive jurisdiction of the English Courts in relation to any dispute arising out of or relating to these terms. We will, however, still be entitled to apply for any relevant injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected]. We aim to respond to all inquiries within 2-3 working days.