Terms and Conditions of Sale

Last Updated: January 1, 2025

Article 1 - Scope and Acceptance

1.1 Scope of Application

These General Terms and Conditions of Sale (hereinafter "T&Cs") exclusively govern all sales of products offered by POKE UNDERGROUND (hereinafter "the Company" or "we") on the website poketurbo.com (hereinafter "the Site") to any natural or legal person (hereinafter "the Customer" or "you") acting in the capacity of a consumer or professional.

1.2 Acceptance

By placing an order on our Site, you expressly acknowledge having read, understood, and accepted these T&Cs in their entirety without reservation. These T&Cs constitute, together with the order confirmation, the entirety of the contractual relationship between the parties.

1.3 Modifications

We reserve the right to modify these T&Cs at any time. The applicable T&Cs are those in force on the date of your order. We recommend that you regularly review these T&Cs to stay informed of any changes.

1.4 Language

These T&Cs are available in English. In case of translation into other languages, only the English version shall prevail in case of dispute.

Article 2 - Company Information

Company Details	Information
Company Name	POKE UNDERGROUND
Legal Form	SASU (Simplified Joint Stock Company)
Registration Number	914 826 383 RCS Paris
VAT Number	FR58914826383
Share Capital	€1,000
Registered Office	63 RUE BALARD, 75015 PARIS, FRANCE
Director	Ren Thomas
Contact Email	support@poketurbo.com
Hosting	Shopify Inc., 151 O'Connor Street, Ground floor, Ottawa, ON K2P 2L8, Canada

Article 3 - Products and Services

3.1 Product Description

All products offered for sale on the Site are described with the greatest possible accuracy. Product descriptions include essential information such as product name and reference, main characteristics, condition (new, sealed, etc.), language of the product, official release date for pre-orders, and photographs. We make every effort to ensure these descriptions are accurate and comprehensive, though slight variations may occur.

3.2 Product Categories

The Site offers a diverse range of Pokémon Trading Card Game products and related items. Our primary categories include sealed products such as booster packs, displays, and booster boxes, Elite Trainer Boxes (ETB), collection boxes and premium products, individual cards (singles), TCG accessories including sleeves, deck boxes and playmats, as well as pre-order products for upcoming releases.

3.3 Product Availability

All orders are subject to product availability at the time of order confirmation. In case of unavailability of an ordered product, we will inform you as soon as possible by email or telephone. You will then have several options: waiting for the product to be restocked if a restock date is known, replacing the product with an equivalent item, or canceling your order with a full refund.

3.4 Product Photographs

Product photographs displayed on our Site are not contractual. We strive to present photographs that are as faithful as possible to the actual products, but slight variations in color or appearance may occur depending on your screen settings and calibration. These images are intended to give you a general representation of the product.

3.5 Product Authenticity

We guarantee that all products sold on the Site are 100% authentic and come from official distribution channels. We maintain strong relationships with authorized distributors and never sell counterfeit or reproduction products. Your confidence in product authenticity is paramount to us.

3.6 Product Condition

Unless otherwise specified, all products are sold new and sealed in their original packaging. For individual cards, the condition is clearly indicated on the product page using standard grading terms such as Mint, Near Mint, Lightly Played, and similar classifications recognized in the trading card community.

Article 4 - Prices

4.1 Price Display

All prices are displayed in US Dollars ($) and are valid at the time they are displayed on the Site. While we strive to maintain stable pricing, prices may be modified at any time without prior notice. However, products will be invoiced at the price in effect at the time of order validation, ensuring you pay exactly what you see at checkout.

4.2 Price Components

The displayed prices include all applicable taxes but exclude shipping costs, which are calculated and added during the checkout process before payment. This allows you to see the complete final cost before confirming your purchase.

4.3 Taxes and Duties

For international orders, customs duties, import taxes (such as VAT or GST), and other fees imposed by your country's customs authorities are not included in our prices and are the sole responsibility of the customer. We have no control over these fees and cannot predict their amount, as they vary significantly by destination country, product value, and local regulations. We strongly recommend that you contact your local customs office for information about applicable fees before placing an order.

4.4 Currency

All transactions are processed in US Dollars ($). If your bank or credit card operates in a different currency, exchange rates and conversion fees applied by your financial institution may apply. These charges are beyond our control and are determined by your bank or card issuer.

4.5 Pricing Errors

In the event of an obvious pricing error, such as a product displayed at an abnormally low price due to a technical error, we reserve the right to cancel the order and issue a full refund, even after the order confirmation has been sent. We will notify you immediately if such a situation occurs.

4.6 Promotional Offers

Promotional offers and discount codes are subject to specific conditions indicated at the time of the offer. Unless otherwise specified, offers cannot be combined with other promotions, are valid while supplies last, and apply only to products in stock, excluding pre-orders unless specifically stated in the promotion terms.

Article 5 - Ordering Process

5.1 Order Steps

To place an order on our Site, you must follow a straightforward six-step process. First, browse the Site and add desired products to your shopping cart, verifying the quantity, characteristics, and price of each product. Second, access your cart to verify its contents, apply any discount codes if applicable, and click "Proceed to Checkout." Third, create a customer account, log in to your existing account, or proceed as a guest if you prefer not to create an account.

Fourth, enter your complete and accurate delivery address, provide a valid phone number and email address, and choose your preferred shipping method. Fifth, select your payment method, enter your payment information, and verify the order summary and total amount carefully. Finally, accept these T&Cs by checking the corresponding box and validate your order by clicking "Complete Order."

5.2 Order Confirmation

Once your order is validated and payment is confirmed, you will receive an automatic order confirmation email. This email serves as proof of the sales contract between you and the Company and contains important information including your order number, order date, list of ordered products with quantities and prices, delivery address, chosen shipping method, total amount paid, and estimated delivery date.

5.3 Customer Account

By creating a customer account, you gain access to useful features that enhance your shopping experience. You can track your orders in real-time, access your complete order history, save multiple delivery addresses for convenience, manage your personal information, and receive exclusive offers and information about new products. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

5.4 Order Verification

We reserve the right to verify information provided during the ordering process and to request additional documents to confirm your identity or payment method. This is a standard security measure to protect both you and us from fraud. In case of doubt about the validity of an order, we may contact you by email or phone. Orders may be suspended or canceled if we are unable to verify the information provided.

5.5 Order Modification and Cancellation

Once an order is confirmed, it enters our processing system immediately. Modifications or cancellations before shipment are possible only if the order has not yet been shipped. Please contact us at support@poketurbo.com as soon as possible if you need to make changes. We will do our best to accommodate your request, but we cannot guarantee that it will be possible depending on how far along your order is in our fulfillment process.

Once an order is shipped, it can no longer be modified or canceled. In this case, you may use your right of withdrawal upon receiving the products as detailed in Article 9 of these T&Cs.

Article 6 - Payment

6.1 Payment Methods

Payment is due in full at the time of ordering. We accept credit cards including Visa, Mastercard, and American Express, as well as debit cards. All payments are processed securely through our payment system.

6.2 Payment Security

All payments are processed through Shopify's secure payment system, which complies with PCI-DSS (Payment Card Industry Data Security Standard) standards. Payment information is encrypted using SSL (Secure Socket Layer) technology to ensure your data remains protected throughout the transaction process.

We do not store or have access to your complete credit card information. Only the last four digits of your card are stored for order management purposes, providing you with transaction reference while maintaining security.

6.3 Payment Authorization

By validating your order, you authorize us to charge the total amount to your chosen payment method. Payment is processed immediately upon order validation, securing your purchase and beginning the fulfillment process.

6.4 Payment Verification

We reserve the right to refuse or cancel any order in case of refusal of payment authorization by the bank or financial institution, incomplete or incorrect payment information, suspicion of fraud, or unpaid invoices from previous orders. These measures protect both legitimate customers and our business from fraudulent activity.

6.5 Invoice

An invoice is automatically generated for each order and sent by email after payment confirmation. You can also access your invoices at any time from your customer account, providing you with easy record-keeping for your purchases.

6.6 Currency and Exchange Rates

All transactions are processed in US Dollars ($). If you pay with a credit card issued in a different currency, your bank or credit card company will convert the amount based on their current exchange rate. We are not responsible for any conversion fees or exchange rate fluctuations, as these are determined by your financial institution.

Article 7 - Pre-Orders

7.1 Pre-Order Definition

A pre-order is an order placed for a product that is not yet released or not yet available in our stock. Pre-orders allow customers to reserve products before their official release, ensuring they secure highly anticipated items that may sell out quickly upon launch.

7.2 Pre-Order Conditions

For pre-orders, full payment is required at the time of placing the order. The estimated shipping date is clearly indicated on the product page, though this date is provided for information purposes and may be subject to change based on manufacturer schedules. We commit to informing you of any delay as soon as we become aware of it.

7.3 Release Date Changes

Release dates for TCG products are set by manufacturers such as The Pokémon Company and may be subject to change without notice due to production issues, supply chain factors, or other circumstances beyond our control. In case of a delay, we will inform you by email as soon as possible. Your pre-order remains valid for the new release date, though you may cancel your pre-order and receive a full refund if you do not wish to wait.

7.4 Shipping of Pre-Orders

Pre-ordered products are shipped either on the official release date or shortly after the official release date, typically within 5 business days. If products are not available on the release date due to delivery issues from our suppliers, we commit to informing you within 48 hours of the official release date, providing a new estimated shipping date, and offering you the option to cancel your pre-order with a full refund.

7.5 Right of Cancellation for Pre-Orders

You may cancel a pre-order at any time before shipment by contacting us at support@poketurbo.com. Refunds are processed within 5-7 business days of receiving your cancellation request.

7.6 Pre-Order Guarantees

We guarantee that pre-orders will be shipped within a maximum of 30 days following the official manufacturer's release date. If this deadline is not met, you are entitled to either cancel your order and receive a full refund, or keep your pre-order and receive compensation in the form of a discount code or free product as recognition of the extended delay.

Article 8 - Shipping and Delivery

8.1 Shipping Areas

We ship worldwide to bring Pokémon TCG products to collectors and players around the globe. However, we reserve the right to refuse delivery to certain destinations for logistical or regulatory reasons that may make shipping impractical or prohibited.

8.2 Delivery Times

Estimated delivery times from shipment vary by region. These timeframes do not include order processing time (1-3 business days) or potential customs clearance delays.

Region	Estimated Delivery Time
North America
United States (mainland)	7-14 business days
Canada	10-16 business days
Mexico	12-18 business days
Europe
France	3-5 business days
European Union	5-10 business days
United Kingdom	7-12 business days
Switzerland & Norway	8-14 business days
Asia & Pacific
Japan	10-15 business days
Australia	12-18 business days
New Zealand	14-21 business days
Other Asian countries	10-21 business days
Rest of the World
South America	15-30 business days
Africa	20-35 business days
Middle East	12-25 business days

8.3 Order Processing

Orders are processed within 1-3 business days, Monday to Friday, excluding holidays. Orders placed on weekends or holidays are processed on the next business day. For pre-orders, processing begins on the official release date of the product.

8.4 Shipping Costs

Shipping costs are calculated based on several factors including total weight of the order, package dimensions, destination country, and chosen shipping method. All shipping costs are displayed during checkout before payment, ensuring transparency in your total purchase cost. We may offer free shipping for orders above a certain amount, with specific conditions indicated on the Site that may vary by destination.

8.5 Shipping Methods

We work with reputable international carriers to ensure reliable delivery of your products. Our carrier partners include USPS (United States Postal Service), DHL, FedEx, UPS, La Poste (France), and local postal services for international destinations. The choice of carrier depends on the destination and product type to optimize delivery speed and reliability.

8.6 Package Tracking

Once your order is shipped, you will receive a shipping confirmation email containing a tracking number and a link to track your package online through the carrier's website. You can also track your orders from your customer account on our Site, providing convenient access to shipment status at any time.

8.7 Delivery Address

You are responsible for providing a complete and accurate delivery address. We cannot be held responsible for delivery issues resulting from an incorrect or incomplete address. If a package is returned to us due to an incorrect address, additional shipping costs will be charged for re-shipment.

8.8 Customs and Import Duties

International shipments may be subject to customs duties, import taxes (VAT, GST, etc.), and processing fees determined by the customs authorities of the destination country. These fees are the sole responsibility of the customer and are NOT included in our product prices or shipping costs.

We cannot predict the amount of customs fees as they vary significantly by destination country, product value, product type, and current customs regulations. These fees are generally collected by the carrier upon delivery or by customs before package release. Refusal to pay these fees may result in the package being returned to us, and you will be responsible for return shipping costs.

We recommend that you contact your local customs office to learn about applicable fees before placing an order. We declare all products at their actual value and accurately describe their contents. We do not mark packages as "gift" or undervalue products, as this is illegal and could result in serious consequences for both parties.

8.9 Delivery Issues

If you do not receive your package within the estimated delivery time, first check the tracking information to see the current status, then contact the carrier using the provided tracking number. If the issue persists, contact us at support@poketurbo.com and we will assist in resolving the situation.

If your package arrives damaged, do not refuse the package. Instead, note the damage on the carrier's delivery slip in the presence of the delivery person, take photographs of the damaged package and contents, and contact us at support@poketurbo.com within 48 hours with the photographs. This documentation is essential for filing claims and arranging replacements.

If the tracking shows that the package was delivered but you did not receive it, check with neighbors or building management, verify the delivery address on your order confirmation, contact the carrier to open an investigation, and reach out to us for assistance.

8.10 Delivery Attempts

If delivery cannot be made because no one is at the address or an access code is required, the carrier will leave a notice indicating how to retrieve or reschedule delivery. The package may be held at a local post office or carrier facility. If the package is not collected within the timeframe specified by the carrier (typically 10-15 days), it will be returned to us. In case of return due to non-collection, we will contact you to arrange re-shipment at an additional cost.

8.11 Liability

We are responsible for delivering products to the carrier in good condition. Once the package is in the carrier's possession, responsibility for delivery transfers to the carrier. We are not responsible for delays due to force majeure, natural disasters, strikes, customs clearance delays, incorrect addresses provided by the customer, refusal to pay customs fees, or non-collection of packages.

Article 9 - Right of Withdrawal and Returns

9.1 Legal Right of Withdrawal

In accordance with applicable consumer protection laws, you have the right to withdraw from your purchase within 14 days from the date of receipt of products, without having to provide a reason. This right applies to consumers only (individuals purchasing for non-professional purposes) and does not apply to professional customers or businesses.

9.2 Exceptions to Right of Withdrawal

The right of withdrawal does not apply to sealed products that have been opened (booster packs, displays, sealed boxes, etc.) for hygiene and product protection reasons, personalized or made-to-order products, products that deteriorate quickly, or digital products that have been downloaded or used.

9.3 Conditions for Returns

To be eligible for a return, products must be in their original condition, in their original packaging intact and undamaged, sealed (for sealed products), include all accessories, documentation, and gifts included with the product, and show no signs of use or damage. Products that do not meet these conditions will be refused and returned to you at your expense.

9.4 Return Procedure

The return process consists of five clear steps. First, contact us at support@poketurbo.com within 14 days of receiving your order, indicating your order number, products you wish to return, and optionally the reason for return. Second, we will send you a return authorization by email with the return address, detailed return instructions, and a return authorization number to include in the package.

Third, pack products securely in their original packaging and include a note with your order number, return authorization number, and list of returned products. Fourth, send the package via a traceable shipping method to the address provided and keep proof of shipment. Fifth, upon receipt of your return, we will inspect the products and if they meet the return conditions, we will process your refund within 14 days.

9.5 Return Shipping Costs

Return shipping costs are the customer's responsibility, except in cases of defective products or errors in our shipment such as wrong products or missing items. We recommend using a traceable shipping method and purchasing insurance, as we cannot be held responsible for packages lost during return.

9.6 Refund

Refunds are processed within 14 days of receiving returned products. The refund amount includes the price of returned products and original shipping costs if the entire order is returned. The refund does not include return shipping costs (except in cases of defective products or our errors) or customs fees you may have paid. Refunds are issued to the original payment method used for the purchase.

9.7 Defective Products

If you receive a defective product, contact us at support@poketurbo.com within 48 hours of receipt, provide photographs clearly showing the defect, and provide your order number. We will offer you the choice between replacement of the product (we cover shipping costs) or full refund including shipping costs.

9.8 Incorrect Orders

If you receive an incorrect product different from what you ordered, contact us at support@poketurbo.com immediately, provide photographs of the received product, and do not use or open sealed products. We will send you the correct product at our expense and arrange for the return of the incorrect product.

9.9 Partial Returns

You may return part of your order. In this case, original shipping costs are not refunded and you are responsible for return shipping costs.

Article 10 - Warranty

10.1 Legal Warranty of Conformity

All products are covered by the legal warranty of conformity for a period of 2 years from delivery, allowing you to return defective or non-compliant products. A product is non-compliant if it does not match the description provided on the Site, does not possess the characteristics presented or reasonably expected, or is unsuitable for normal use.

10.2 Warranty Against Hidden Defects

All products are also covered by the warranty against hidden defects, allowing you to return products with hidden defects rendering them unsuitable for their intended use.

10.3 Warranty Procedure

To invoke the warranty, contact us at support@poketurbo.com, describe the defect or non-conformity, provide photographs if possible, and provide your order number and purchase date.

10.4 Warranty Remedies

In case of non-conformity or defect, you may choose between repair of the product (if possible), replacement of the product, or refund of the product.

10.5 Exclusions

The warranty does not cover damage resulting from misuse, negligence, or accidents, normal wear and tear, damage caused by improper storage, or products modified or repaired by the customer or a third party.

10.6 Product Authenticity Guarantee

We guarantee that all products sold are 100% authentic. If you receive a counterfeit product, we will provide a full refund including shipping costs and conduct an internal investigation to determine the source of the problem.

Article 11 - Intellectual Property

11.1 Website Content

All content on the Site including texts, images, logos, graphics, videos, and software is protected by intellectual property rights and belongs to the Company or its licensors. Any reproduction, representation, modification, publication, or adaptation of all or part of the Site's content, by any means whatsoever, is prohibited without prior written authorization from the Company.

11.2 Trademarks

"PokeTurbo" and associated logos are trademarks belonging to POKE UNDERGROUND. Any use without authorization is prohibited. Product names and logos (Pokémon, The Pokémon Company, etc.) are registered trademarks of their respective owners. We are an independent retailer and are not affiliated with or sponsored by The Pokémon Company International or Nintendo.

11.3 Product Photographs

Product photographs on the Site are protected by copyright. Any reproduction without authorization is prohibited.

11.4 Violation

Any violation of intellectual property rights may result in legal action and payment of damages.

Article 12 - Personal Data and Privacy

12.1 Data Collection

We collect personal data necessary for order processing, including identity information (name, first name), contact details (email address, phone number), delivery address, payment information (via secure processor), and purchase history.

12.2 Use of Data

Your personal data is used for processing and delivering your orders, managing customer relationships, sending order confirmations and shipping updates, sending newsletters and promotional offers (with your consent), and improving our services.

12.3 Data Protection

For complete information about the collection, use, storage, and protection of your personal data, please refer to our Privacy Policy.

12.4 Your Rights

You have several rights regarding your personal data including right of access to your data, right to rectification of inaccurate data, right to erasure of your data, right to restriction of processing, right to data portability, right to object to processing, and right to withdraw consent at any time. To exercise your rights, contact us at support@poketurbo.com.

Article 13 - Cookies

Our Site uses cookies to improve your user experience. For complete information about cookies, please refer to our Cookie Policy.

Article 14 - Liability

14.1 Company Liability

Our liability is limited to direct damages proven by the customer resulting from a fault attributable to us. We cannot be held liable for indirect damages (loss of profit, loss of business, loss of customers, etc.), damages resulting from improper use of products, damages resulting from force majeure, issues related to internet connection or your equipment, delays or issues caused by carriers, customs clearance delays, or customs fees charged.

14.2 Force Majeure

We cannot be held liable for failure to perform or delay in performing our obligations due to force majeure events, including but not limited to natural disasters, wars, terrorist acts, strikes, labor disputes, government actions, epidemics, pandemics, failures in telecommunications or internet networks, or supplier shortages.

14.3 Customer Liability

You are liable for the accuracy of information provided during ordering, compliance with customs regulations in your country, payment of customs duties and import taxes, proper use of products, and keeping your login credentials confidential.

14.4 Product Liability

We are not responsible for damages resulting from normal product use, use not in accordance with product instructions, or use for purposes other than those intended.

Article 15 - Fraud Prevention

15.1 Verification

We reserve the right to verify the validity of orders and request additional documents to confirm the identity of the customer, the delivery address, and the validity of the payment method.

15.2 Suspicious Orders

We reserve the right to refuse or cancel any order if we have reasonable grounds to believe that information provided is false or fraudulent, the payment method is fraudulent, or the order is placed for fraudulent purposes.

15.3 Blacklist

Customers who have committed fraud or violated these T&Cs may be permanently banned from our Site and their personal data may be shared with fraud prevention authorities.

Article 16 - Commercial Communications

16.1 Newsletter

By creating a customer account or placing an order, you may opt-in to receive our newsletter containing information about new products, exclusive offers and promotions, and news about the TCG world.

16.2 Unsubscribe

You may unsubscribe from our newsletter at any time by clicking the unsubscribe link in our emails, adjusting your preferences in your customer account, or contacting us at support@poketurbo.com.

16.3 Transactional Emails

Order confirmations, shipping notifications, and other transactional emails are essential for order management and cannot be unsubscribed from.

Article 17 - Dispute Resolution

17.1 Amicable Resolution

In case of dispute related to the interpretation or execution of these T&Cs, we encourage you to first contact us at support@poketurbo.com to seek an amicable solution.

17.2 Mediation

In accordance with applicable consumer protection laws, we offer access to a consumer mediation system. For customers in the European Union, you may use the European Commission's online dispute resolution platform available at: https://ec.europa.eu/consumers/odr

17.3 Applicable Law

These T&Cs are governed by French law.

17.4 Jurisdiction

In the absence of an amicable resolution, any dispute arising from these T&Cs or their execution shall be submitted to the competent courts according to French law. For consumers, disputes may be brought before the court of the customer's place of residence or the court of the seller's place of business (Paris, France).

Article 18 - Severability

If any provision of these T&Cs is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these T&Cs, and the remaining provisions shall continue in full force and effect.

Article 19 - Entire Agreement

These T&Cs, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and the Company regarding the use of the Site and the purchase of products.

Article 20 - Contact

For any questions regarding these Terms and Conditions of Sale, please contact us:

Email: support@poketurbo.com
Mailing Address: POKE UNDERGROUND, 63 RUE BALARD, 75015 PARIS, FRANCE
Customer Service Hours: Monday to Friday, 9:00 AM - 6:00 PM (Paris Time)

We commit to responding to all inquiries within 48 business hours.