Terms of Service

1.Who we are and what this covers

https://www.hokiepokietcg.ca (the "Site") is operated by HokiePokie TCG ("HokiePokie", "we", "us"), a trading card business based in Quebec, Canada. You can reach us at tcghokiepokie@gmail.com, on Instagram at @tcghokiepokie, or by mail at PLACEHOLDER — PO box or mailing address, Montreal, Quebec, PLACEHOLDER, Canada.

These Terms of Service form an agreement between you and us. By browsing the Site, contacting us about an item, reserving an item, subscribing to our mailing list, or entering a giveaway, you accept these Terms. If you do not agree with them, please do not use the Site.

2.Eligibility

You must be old enough to form a binding contract where you live in order to transact with us. If you are a minor, you may only use the Site and make purchases with the involvement and consent of a parent or legal guardian, who accepts responsibility for the transaction.

3.The Site is a showcase, not a checkout

The Site displays our current inventory so you can see what is available. It is a catalogue, not an online store. There is presently no shopping cart, no online payment and no shipping system.

Every listing is an invitation to contact us, not a binding offer to sell. A sale only exists once we have agreed the item, the price and the payment method with you directly by email or Instagram message, and we have confirmed it. Nothing on the Site, including a price, a stock count or a Reserve button, creates a contract on its own.

4.Prices, availability and errors

All prices are shown in Canadian dollars (CAD) and exclude any applicable taxes and delivery costs unless we say otherwise in writing.

Inventory is largely single-copy. An item shown as available may already be reserved or sold by the time you contact us, because sales also happen in person and through Instagram. Prices move with the market and can change at any time without notice.

We try to keep listings accurate, but errors happen. Where a price, description, grade, population figure or availability is wrong, we may correct it, and we may decline or cancel a transaction based on the incorrect information even after you have contacted us. If you have already paid for a cancelled order, we will refund you in full.

We may limit quantities, refuse service, or decline any reservation or order at our discretion, including where we suspect resale abuse, fraud or a payment problem.

5.Reservations and holds

When you use a Reserve button you are sending us a message expressing interest. A hold only begins once we reply and confirm it. Unless we agree otherwise, holds are short and informal, and we may release an item back to inventory if arrangements are not completed in a reasonable time.

We do not take payment through the Site. Any deposit or payment is arranged directly with us.

6.Graded cards, sealed product and condition

Grades shown on graded items are assigned by Professional Sports Authenticator (PSA), an independent third party. We are not affiliated with PSA. A grade and a population figure are PSA's opinion and PSA's data at a point in time. We pass them on in good faith and do not warrant them, and population counts change as more cards are submitted.

Photographs of graded items are of the actual item you would receive, alongside a stock or reference scan of the card. Colour can vary between screens, and holographic and reverse-foil surfaces photograph differently from how they look in hand.

Sealed product is sold factory sealed and as-is. We do not open, weigh, search or otherwise verify the contents, and we make no promise about what is inside, about pull rates, or about the odds of any particular card. Once a sealed item is opened, it cannot be returned.

We describe items as accurately as we can. If you have questions about condition, ask us before committing and we will send more photos.

7.Authenticity, and what happens if something is wrong

We sell genuine collectibles. We buy carefully, and graded items carry a PSA certification number you can verify yourself on PSA's website before you commit — we encourage you to do exactly that.

Inspect anything you buy promptly. If you believe an item is not authentic, or is materially different from how it was described, tell us within 7 days of receiving it and send photographs. Where the claim is well founded, our responsibility, and your remedy, is to take the item back in the condition it was supplied and refund what you paid for it. We will not be responsible for any additional loss beyond that refund.

This does not limit any right you have as a consumer that the law does not allow us to limit, including the legal warranty under Quebec's Consumer Protection Act.

8.Other trading card lines

We currently focus on Pokémon. We may add other trading card and collectible lines over time, which could include One Piece, Lorcana, Dragon Ball, Riftbound or others. These Terms apply to everything we list, whatever the game.

9.Discount codes, promotions and giveaways

Discount codes issued to mailing list subscribers are personal to the subscriber and to the email address they were issued to. Unless we state otherwise, a code is valid for one use only, cannot be combined with another offer or promotion, has no cash value, cannot be sold or transferred, and does not apply to items already discounted.

We may withdraw, void or refuse a code where we reasonably believe it has been shared, duplicated, obtained through multiple sign-ups by the same person, or otherwise misused, and we may cancel a transaction that relies on such a code.

Giveaways and contests may carry their own published rules, which take precedence over this section where they conflict. Where required by law, no purchase is necessary to enter. Giveaways are not sponsored, endorsed or administered by, or associated with, Instagram, Meta or any other platform on which they are announced.

10.Email and messages from us

If you join our mailing list, you are asking to receive commercial electronic messages from us. We confirm every subscription by email before sending anything else, and every marketing email carries our identity, a postal address and a working unsubscribe link, as Canada's Anti-Spam Legislation requires. You can unsubscribe at any time. We may still contact you about a specific transaction you have started with us.

11.If and when we add online ordering

We may add online payment, order tracking and shipping in the future. When that happens, the following will apply in addition to the rest of these Terms, and the checkout pages will govern where they are more specific.

• An order placed online is an offer to buy. It is accepted only when we confirm dispatch, and until then we may decline it and refund you in full.
• Payment is handled by a third-party payment processor under its own terms. We do not receive or store your full card number.
• You are responsible for the accuracy of the delivery address you give us.
• Title and risk of loss pass to you on delivery to the carrier, unless the law where you live says otherwise.
• Shipping times are estimates. We are not responsible for carrier delays, but we will help you trace a lost parcel.
• For international orders, you are the importer of record and are responsible for any customs duties, import taxes and local charges, and for checking that the item may lawfully be imported.
• Returns, if offered, will be described at checkout. Sealed product that has been opened, and items damaged after delivery, are not returnable. Any statutory cancellation right you have as a consumer — including under Quebec's Consumer Protection Act, or EU and UK distance-selling rules — is unaffected by anything in these Terms.

12.Acceptable use

When using the Site, please do not:

• scrape, crawl, harvest or bulk-copy listings, images or prices without our written permission;
• attempt to breach, probe or interfere with the Site, its hosting or its security;
• submit someone else's email address to our mailing list, or sign up repeatedly to obtain extra discount codes;
• use the Site for anything unlawful, or in a way that infringes anyone's rights.

13.Intellectual property

The HokiePokie name and logo, the Site's design and layout, and our own photographs and written descriptions belong to us. You may not reproduce them commercially without permission.

Pokémon, the Pokémon TCG, and all related names, characters and card images are trademarks and copyright of Nintendo, Creatures Inc., GAME FREAK inc. and The Pokémon Company. One Piece, Lorcana, Dragon Ball, Riftbound and any other titles mentioned are the property of their respective owners. We are an independent reseller of authentic secondary-market collectibles. We are not affiliated with, sponsored by, endorsed by, or in any way officially connected to any of those companies, or to PSA. All references to them are for identification only.

14.Links to other sites

The Site may link to third-party services such as Instagram, PSA's certificate verification or a payment provider. We do not control those services and are not responsible for their content, terms or privacy practices.

15.Disclaimers

The Site is provided on an "as is" and "as available" basis. We do not warrant that it will be uninterrupted, error-free or free of harmful components, and we do not warrant that any description, grade, population figure or valuation is complete or accurate.

Collectible cards are not an investment product. Nothing on the Site is financial advice, and we make no representation about the future value of anything we sell.

Nothing in these Terms excludes any warranty or right that cannot lawfully be excluded, including the legal warranty of quality under Quebec's Consumer Protection Act and equivalent consumer protections elsewhere.

16.Limitation of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special or consequential damages, or for lost profits, lost opportunity or loss of collectible value, arising from your use of the Site or from any transaction with us.

Where we are found liable, our total liability is limited to the amount you actually paid us for the item giving rise to the claim. This limit does not apply to liability that cannot be limited by law, including gross negligence, wilful misconduct, or bodily injury.

17.Indemnity

You agree to indemnify us against claims, losses and reasonable legal costs arising from your breach of these Terms or your misuse of the Site, except to the extent the claim results from our own fault.

18.General

• If any part of these Terms is found unenforceable, that part is severed and the rest continues to apply.
• If we do not enforce a right straight away, we do not lose it.
• These Terms, together with anything we agree with you in writing for a specific transaction, are the whole agreement between us and replace any earlier discussion.
• We are not liable for a failure or delay caused by something outside our reasonable control, including postal and carrier disruption, supplier failure, power or network outage, fire, flood, labour action, illness, or government action.
• Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between us.
• You may not transfer your rights under these Terms without our consent. We may transfer ours if the business is sold, provided your rights are not reduced.

19.Governing law and language

These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada that apply there. The courts of the judicial district of Montreal, Quebec have jurisdiction, subject to any right you have as a consumer to bring proceedings where you live.

It is the express wish of the parties that these Terms and all related documents be drawn up in English. Les parties conviennent expressément que les présentes conditions et tous les documents s'y rattachant soient rédigés en anglais. Where we publish a French version, both versions are intended to have the same meaning; if they conflict, the French version prevails in Quebec.

20.Changes to these Terms

We may update these Terms as the business changes, particularly when online ordering launches. The version published on the Site at the time you use it is the one that applies, and the date at the top shows when it last changed. Material changes affecting an agreed transaction will not be applied to that transaction retroactively.

21.Contact

Questions about these Terms: tcghokiepokie@gmail.com, Instagram @tcghokiepokie, or HokiePokie TCG, PLACEHOLDER — PO box or mailing address, Montreal, Quebec, PLACEHOLDER, Canada.