Terms of service
POKEE SPHERE TERMS OF SERVICE
OVERVIEW
Welcome to Pokee Sphere! The terms “we”, “us” and “our” refer to Pokee Sphere. Pokee Sphere operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Pokee Sphere is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores, except as required by applicable law.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis, subject to applicable law.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Pokee Sphere reserves the right to accept or decline your order for any lawful reason at its discretion. Your order is not accepted until Pokee Sphere confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Pokee Sphere may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange in accordance with our Return & Refund Policy and any applicable consumer protection laws.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration 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 true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We make reasonable efforts to process and deliver orders within the estimated timeframes provided at checkout or on our website. All delivery times are estimates unless expressly stated otherwise.
We are not responsible for delays caused by shipping carriers, customs processing, incorrect shipping information provided by customers, or events outside our reasonable control, except where applicable law requires otherwise.
Title and risk of loss pass to you in accordance with applicable law. Nothing in these Terms limits any mandatory delivery rights, refund rights, or remedies available under applicable consumer protection laws.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Pokee Sphere, its affiliates or licensors, as applicable, and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent, except as permitted by applicable law.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Pokee Sphere, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by their respective owners.
Pokee Sphere’s names, logos, product and service names, designs, and slogans may be trademarks or other protected intellectual property of Pokee Sphere or its affiliates or licensors. You must not use such intellectual property without prior written permission where permission is legally required.
Shopify’s name, logo, product and service names, designs and slogans 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 be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
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, except as required by applicable law.
Any use by you of the optional tools offered through the site is at your own risk and discretion. 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).
We may also, in the future, offer new features through the Services, including the release of new tools and resources. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.
If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content on those websites, except where liability cannot legally be excluded.
Please review the third party’s policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Pokee Sphere is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Pokee Sphere.
By using the Services, you acknowledge and agree that Shopify is not the seller responsible for transactions between you and Pokee Sphere, except where Shopify independently assumes responsibility or applicable law provides otherwise.
To the extent permitted by applicable law, you release Shopify and its affiliates from claims arising solely from your purchases and transactions with Pokee Sphere, without limiting claims based on Shopify’s own conduct or legal obligations.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you.
Information you submit to the Services may be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide services to you.
Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use, subject to applicable law and our Privacy Policy.
We may use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under these Terms.
You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms.
We are under no obligation to maintain your Feedback in confidence, except where required by law or our Privacy Policy; to pay compensation for your Feedback; or to respond to your Feedback.
We may monitor, edit or remove Feedback that we determine to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms.
You agree that your Feedback 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 Feedback will not contain unlawful, abusive or obscene content, or any computer virus or other malware that could affect the operation of the Services.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are responsible for the Feedback you submit and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, subject to applicable law and any contractual rights that have already arisen.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only.
You may not access or use the Services, directly or indirectly: (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 those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or threaten any person; (e) to transmit false or misleading information; (f) to upload, download, use, or distribute material that does not comply with these Terms; (g) to transmit unsolicited advertising or promotional material, including spam; (h) to impersonate another person or entity; or (i) to engage in conduct that restricts or inhibits anyone’s use of the Services or may harm Pokee Sphere, Shopify or users of the Services.
In addition, you agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services without authorization; (c) unlawfully collect or track personal information; (d) spam, phish, pharm, or pretext the Services; (e) use automated tools, robots, scraping technologies, or AI agents to access the Services without authorization; or (f) interfere with, bypass, or circumvent security or authorization features.
We reserve the right to suspend, disable, or terminate your account if we determine that you have violated these Terms, subject to applicable law.
SECTION 14 - AGENTS
14.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means software or a service that takes autonomous or semi-autonomous action on behalf of a person or entity without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it identifies itself and complies with the requirements of Section 14.4. No Agent may access the Services if we have requested that it refrain from doing so.
14.3 We may limit, including through technical measures, whether and how any Agent accesses, uses, or interacts with the Services.
14.4 Agents must: (i) identify themselves in HTTP/HTTPS requests using a user agent string such as “Agent/[agent name]”; (ii) not conceal or misrepresent their automated nature; (iii) respond truthfully when asked whether an interaction originates from a human or computer; and (iv) not circumvent security controls, CAPTCHAs, or measures intended to regulate automated access.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, at our discretion, subject to applicable law. You will remain liable for amounts lawfully due up to and including the date of termination.
The following provisions will survive termination to the extent applicable: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions intended to survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available for general information purposes.
We do not warrant the accuracy, completeness, or usefulness of all information provided through the Services. Any reliance you place on such information is at your own discretion and risk.
To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, except for warranties that cannot legally be excluded.
Pokee Sphere does not guarantee that the Services will be uninterrupted, secure, error-free, or free from viruses or other harmful components.
We do not guarantee that the results obtained from using the Services will meet every customer’s individual expectations.
Nothing in this section excludes or limits any statutory warranties, consumer guarantees, or other rights that cannot legally be excluded or restricted under applicable law.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Pokee Sphere, its owners, affiliates, employees, agents, service providers, and licensors shall not be liable for indirect, incidental, special, consequential, or punitive damages arising from or relating to your use of the Services or products purchased through the Services.
Such damages may include loss of profits, loss of revenue, loss of data, business interruption, or other similar losses.
Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, personal injury, or any other liability that cannot legally be excluded or limited.
Where applicable consumer protection laws provide mandatory remedies, those rights remain unaffected.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Pokee Sphere, its affiliates, employees, agents, service providers, and licensors from third-party claims, damages, liabilities, costs, and reasonable legal expenses arising from your unlawful use of the Services, your violation of these Terms, or your infringement of third-party rights.
This obligation applies only to the extent that the claim or loss is legally attributable to your conduct and does not apply to losses caused by our own unlawful conduct.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by applicable law or severed where necessary.
The remaining provisions shall continue in full force and effect.
SECTION 20 - WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms of Service, together with our Privacy Policy, Return & Refund Policy, Shipping Policy, and any other policies or notices expressly incorporated herein, constitute the agreement between you and Pokee Sphere concerning your use of the Services.
These Terms supersede prior agreements, communications, and proposals relating to the Services, except where otherwise required by applicable law.
SECTION 21 - ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where applicable law provides otherwise.
Pokee Sphere may assign or transfer its rights and obligations under these Terms as part of a business restructuring, merger, acquisition, or sale of assets, provided that such assignment does not unlawfully reduce your consumer rights.
SECTION 22 - GOVERNING LAW
These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of New Jersey, United States, without regard to its conflict-of-law principles, except where mandatory consumer protection laws of another applicable jurisdiction require otherwise.
Nothing in these Terms deprives consumers of protections or legal remedies that cannot be waived under the laws applicable to their purchases.
SECTION 23 - CHANGES TO TERMS OF SERVICE
We reserve the right to update, modify, or replace these Terms of Service by posting revised terms on our website.
Changes will take effect when published or on a later effective date specified in the updated Terms, subject to applicable law.
We encourage customers to review this page periodically for updates.
Changes will not retroactively eliminate rights or remedies that have already arisen under applicable law or an existing purchase agreement.
Your continued use of the Services after updated Terms become effective constitutes acceptance of those changes to the extent permitted by applicable law.
SECTION 24 - INTERNATIONAL CUSTOMERS AND CONSUMER RIGHTS
Pokee Sphere may offer products and services to customers in multiple countries.
Customers are responsible for complying with applicable local laws when purchasing and importing products, subject to any obligations imposed on Pokee Sphere by applicable law.
International orders may be subject to customs duties, import taxes, and other charges imposed by local authorities.
Nothing in these Terms is intended to exclude, restrict, or modify mandatory consumer rights provided under applicable laws, including rights relating to product conformity, statutory warranties, cancellations, withdrawals, refunds, and remedies for defective goods.
Where mandatory local consumer protection laws conflict with these Terms, the applicable mandatory laws shall prevail.
SECTION 25 - CONTACT INFORMATION
For questions regarding these Terms of Service, orders, returns, refunds, or other customer service inquiries, please contact Pokee Sphere at:
Business Name: Pokee Sphere
Email: Pokeesphere@proton.me
Please include your order number, when applicable, and a brief explanation of your inquiry so we can assist you as efficiently as possible.
END OF TERMS OF SERVICE