Terms of use

1. Who provides the service

The service is provided by [PENDING: name], tax ID [PENDING: taxId], with address at [PENDING: address]. You can write to us at [PENDING: email]. More details are in the Legal notice.

2. What Pokemarket is

Pokemarket is a platform that connects collectors of trading cards so they can list cards, bid, and agree on sales or swaps that are completed in person at a trusted spot (a shop or another verified, enclosed public place).

Pokemarket is not a party to the sales or swaps between users. It does not buy or sell cards, does not hold them, does not handle payment for the deals or shipping, and does not guarantee the condition, authenticity or value of any card.

3. Who can use it

• Only people aged 18 or over. If we find that an account belongs to a minor, we will close it.
• Access is by invitation and the account is personal and non-transferable. You may only have one account.
• You must give true details and keep them up to date: full name, phone number and city. Your public name is your first name and the initial of your surname.

4. How a deal works

• Listings are created by choosing a card from a catalog and its characteristics. There are no messages between users, and sharing contact details through the platform is not allowed.
• A buyer shows interest (with an offer in euros, or with their own cards in a swap) or bids in an auction. The seller can accept if there is a trusted spot in their city.
• Both parties agree on a trusted spot and a time on the platform. Either party and the trusted spot can cancel up to 15 minutes before the meetup.
• At the meetup you check the card before paying and pay the other person directly. Pokemarket does not take part in that payment.
• One hour after the meetup, the trusted spot marks it as completed or cancelled and rates both parties.

5. Auctions and bids

A bid is a commitment to buy if you win the auction, and putting a card in an auction is a commitment to sell it to the highest bid. If you do not show up to a meetup or fail to honour the deal without good reason, the trusted spot may give you a low rating and Pokemarket may limit or close your account.

Bidding to drive the price up (yourself or through someone else) and manipulating an auction are forbidden.

6. Rules of use

You may not use Pokemarket to:

• List counterfeits, cards you do not own or that are stolen, or fake certificates.
• Try to take the deal off the platform or avoid the trusted spots.
• Impersonate someone, create fake accounts, or manipulate your reputation or anyone else's.
• Harass, threaten or discriminate against other users or the staff of the trusted spots.
• Extract data automatically, overload the service or try to bypass its security measures.
• Carry out any unlawful activity.

7. Trusted spots

Trusted spots are verified places where meetups take place. They provide a visible place and, if they have staff, close the deal and rate it. They are not a party to the deal, do not take part in the price or the payment, and are not responsible for the condition or authenticity of the cards or for what happens between the parties.

Your full name and phone number are seen by the trusted spot where you have a meetup, only for that meetup and to be able to reach you if there is an incident. Other users never see them.

The staff of a trusted spot may refuse to host a meetup or ask you to leave if they consider it necessary for safety.

8. Ratings and reputation

Only trusted spots rate, and they rate both parties after the meetup with a score from 0 to 3 stars. Users see the stars, their total and the average per role (seller and buyer), and do not see comments. The trusted spot's internal notes are private and only the Pokemarket team sees them.

If you think a rating is unfair or mistaken, write to [PENDING: email] and we will review it. Pokemarket may correct or remove ratings in case of error or abuse.

9. Information on the platform

Reference prices, price charts and grading-certificate checks are for information only and come from third-party sources. They may contain errors or be out of date, and an automatic check is not a guarantee of authenticity. Always check the card in person before paying.

10. Optional paid services

Pokemarket may offer optional paid services, such as featuring a listing or a trusted spot for a number of days. They are one-off purchases: the price, including taxes where applicable, is shown before you pay, and payment is made through Stripe. Pokemarket does not store your card details.

Services are activated once payment is confirmed. If you are a consumer, you have 14 days to withdraw from the purchase, unless the service has already been fully provided with your prior express consent, in which case you lose that right. If you withdraw after the service has started, you will pay the proportion corresponding to the time elapsed.

Paid services never change ratings or reputation, and anything promoted is shown as such.

11. Professional sellers and taxes

Each user is responsible for complying with the rules that apply to them, including the tax obligations of their sales. If you sell regularly or professionally, you must comply with the applicable consumer and commerce rules. Pokemarket may be required to report seller information to the authorities where the law provides.

12. Intellectual property

Pokemarket is not affiliated with Nintendo, Game Freak, Creatures or The Pokémon Company. The names, images and trademarks of the cards belong to their owners and are used only to identify the listed cards. The software, design and texts of Pokemarket belong to Pokemarket or its licensors.

13. Suspension, expiry and leaving

• We may suspend or close an account that breaches these terms or puts other users at risk.
• An account is deactivated after 180 days without completing any purchase or sale, with a warning 30 days before. It is reactivated with a new invitation.
• You can ask to leave and have your data erased at any time by writing to [PENDING: email].

14. Illegal content and reports

If you find a listing, a user or a behaviour that you consider unlawful or against these terms, write to [PENDING: email] saying what it is and why. We will review each report diligently and, if we act, we will tell you and explain the reason to the affected user, who can complain by writing to the same address.

This address is also our single point of contact for authorities and for users, in Spanish or English.

15. Liability

The service is provided as is, without a guarantee of continuous availability. Pokemarket is not responsible for the conduct of users or trusted spots, for the deals between the parties, or for the condition, authenticity or value of the cards.

This limitation does not affect liability that cannot be excluded by law, such as that arising from wilful misconduct or gross negligence, nor the rights that the law grants to consumers.

16. Personal data

How we process your data is explained in the Privacy policy. The use of cookies is explained in the Cookie policy.

17. Changes to these terms

We may change these terms. If the change is significant, we will ask you to accept them again the next time you sign in. If you do not accept them, you will not be able to keep using the service.

18. Governing law and claims

These terms are governed by Spanish law. If you are a consumer, you may go to the courts of your place of residence and to the alternative consumer dispute resolution schemes available to you. Before making a claim, we would appreciate it if you wrote to [PENDING: email] to try to solve it.