Poke Swiss Submission Terms and Conditions
- Grading Timeframe: Poke Swiss aims to complete the grading service within the specified timeframe, if provided. However, Poke Swiss is not liable for any incidental or consequential damages resulting from any delays in grading. Please note that all references to days refer to business days.
- Item Eligibility: Poke Swiss will not grade items that show signs of alteration, recoloring, restoration, or any form of tampering, or if their authenticity is questionable. Customers are responsible for ensuring the items they submit meet these criteria. In case Poke Swiss rejects any items, refunds will not be issued, as the determination requires a review by Poke Swiss graders and authenticators.
- Subjective Grading: Grading is a subjective process, and Poke Swiss does not provide warranties or representations regarding the grade assigned to any item, except under the Poke Swiss Financial Guarantee of Grade and Authenticity. The payment made to Poke Swiss is non-refundable once the authentication and grading process begins.
- Autograph and Grading: Items submitted for both grading and autograph authentication must pass both criteria to be encapsulated. If an item is deemed altered in any way, it may not be encapsulated, even if the autograph is genuine. Additionally, Poke Swiss may label an authentic item as "Authentic" in cases where the item has been altered.
- Item Handling: While Poke Swiss takes reasonable care in handling items, they will compensate customers for items lost or damaged while in their possession. Compensation will be based on the fair market value of the item, as determined by Poke Swiss's standard procedures. However, some naturally fragile or delicate items may be excluded from this section.
- Inspection and Reporting: Customers must inspect items upon receipt and report any damage or discrepancies within five (5) days. Customers agree to return incorrectly described items to Poke Swiss for correction and hold Poke Swiss harmless from any losses or claims arising from the sale of incorrectly described items.
- Payment and Security: Customers are responsible for timely payment of all charges, with delinquent balances incurring interest. Poke Swiss may hold a security interest in the items submitted until payment is made. Customers grant Poke Swiss an assignment of and lien against the items to secure payment.
- Payment Authorization: Customers authorize Poke Swiss to use and store their payment method for the final amount due, which includes the service level cost multiplied by the number of items in the order. The authorization remains in effect until canceled by the customer.
- Liability: Poke Swiss disclaims liability for personal injury or damage to items not under their custody or control. This includes damage during shipping to or from Poke Swiss.
- Warranty Disclaimer: Except as provided in the Financial Guarantee of Grade and Authenticity, Poke Swiss disclaims all warranties, expressed or implied, for its goods and services.
- Liability Limitation: Poke Swiss's maximum liability to customers is limited to the grading charges or less actually paid by the customer for the grading services rendered by Poke Swiss.
- Data and Images: Customer data and images of items may be compiled and maintained by Poke Swiss for various purposes. Customers grant Poke Swiss ownership and usage rights for this data and the images.
- Third Party Submission: If items are submitted for a third party, that third party must agree to these terms and sign a duplicate copy of this agreement.
- Governing Law: This Agreement is governed by the laws of Switzerland, and any legal action must be brought in Swiss courts. Attorney's fees, costs, and expenses may be awarded to the prevailing party.
- Entire Agreement: The terms and provisions in this Agreement constitute the entire agreement between Poke Swiss and the customer. In case of any inconsistencies between these terms and any customer agreement, these terms shall prevail. If any term is found to be invalid or unenforceable, it does not affect the validity of the other terms. Both parties agree to execute additional documents or instruments as requested by the other party to effectuate the terms of this agreement.