1. Introduction
Welcome to Overmind L.L.C. D.B.A. Poke Master Center (“we,” “us,” “our”). These Terms of Service (“Terms”) govern your use of our Pokémon card consignment and restoration services. By using our services, you agree to these Terms. Please read them carefully.
2. Consignment Service
a. Submission: A spreadsheet will be provided to you to fill out with your submission. In this sheet you will dictate which cards are graded and which are raw. There is will an option for you to opt in for our restoration services for an additional fee or to skip and sell as is. When sending raw cards, we will authenticate them prior to listing them unless you opt for our graded service option. If a card is found to be a fake, you will be notified about the unfortunate news. We take a hard stance on not listing fake proxy cards. You may specify a starting bid price in the submission but we highly recommend to start the price at $1 to gather a large “watcher” following on your listing to drive up the price as much as possible before close of auction.
b. Consignment Agreement: You must sign our consignment agreement which details the terms of sale, including our commission rate, restoration rate, grading fees, eBay fees, and any applicable fees. You must agree to this consignment agreement before we proceed with the process.
c. Pricing and Sale: We will work with you to determine appropriate pricing for your cards. Our service is designed to sell your cards for a fair market price by using eBay auction to facilitate a quick sale. If the auction ends without a paying buyer, we will drop the price by 10% until the card sells.
d. Payment: Once a consigned card is sold, we will remit the sale proceeds to you, less our commission and any applicable fees, within 30 days of the sale.
3. Restoration Service
a. Cracking and Restoration: We offer a service to crack graded slabs and attempt to restore the card to achieve a higher grade.
b. No Guarantee: We make no promises or guarantees regarding the outcome of the restoration process or the possibility of achieving a higher grade. Results may vary, and there is a risk that the card’s condition could worsen.
c. Assessment: Before proceeding with restoration, we will assess the card and provide our professional opinion on the potential for improvement. You must approve the restoration process before we begin.
4. Shipping and Handling
a. Shipping to Us: You are responsible for shipping your cards to us. We recommend using a tracked and insured shipping method. We are not responsible for any loss or damage during shipping to our facility.
b. Return Shipping: In the case where you would like your cards returned, you will be sent a payment link to cover restoration, grading, and shipping. We will return unsold or restored cards to you using a tracked and insured shipping method. You are responsible for return shipping costs. We do not allow return shipping unless the card has not sold in its first auction attempt.
5. Liability
a. Authenticity and Condition: You represent and warrant that all cards submitted for consignment or restoration are authentic and in the condition described. We are not liable for any discrepancies in authenticity or condition.
b. Risk of Loss: While in our possession, we will take reasonable care of your cards. However, we are not liable for any loss, damage, or theft of your cards beyond the extent of our insurance coverage.
c. Restoration Risks: You acknowledge that the restoration process carries inherent risks, including the possibility of damage to the card. We are not liable for any damage resulting from the restoration process.
d. Release of Liability: To the fullest extent permitted by law, the Client hereby releases, waives, discharges, and covenants not to sue us, its affiliates, officers, employees, agents, and representatives (collectively, “Released Parties”) from and against any and all claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or in any way related to the Service, including but not limited to any damage, loss, or theft of the cards.
e. Assumption of Risk: The Client acknowledges and accepts that we do not assume any responsibility for the value, condition, or authenticity of the cards submitted. The Client assumes all risk related to the condition and preservation of the items during the shipping, handling, selling, and/or return process.
f. Limitation of Liability: In no event shall we be liable for any consequential, incidental, special, or punitive damages, whether in contract, tort, or otherwise, arising out of or in connection with the Service.
6. Indemnification
You agree to indemnify and hold harmless Overmind L.L.C. D.B.A. Poke Master Center, its officers, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising out of or related to your consignment or restoration services.
7. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of law principles.
8. Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
9. Acknowledgment and Acceptance
By using our consignment or restoration services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
Contact Information
If you have any questions about these Terms, please contact us at:
Overmind L.L.C. D.B.A. Poke Master Center
11700 W Charleston Blvd.
Ste 170-646
PokeMasterCenter@gmail.com
(702) 850-0466