Marketplace Seller Agreement
Updated: September 27th, 2023
In order to sell items in the marketplace on TCGplayer.com (the “Site”), you (as a “seller”) must accept this Marketplace Seller Agreement ("Agreement”), which is in addition to our Terms of Service. By listing an item for sale or purchasing an item on the Site, you agree to be bound by all terms and conditions of this Agreement.
The Site is operated by TCGplayer, Inc. (“TCGplayer,” “we,” or “us”), which reserves the right to make changes to this Agreement at any time. Changes to this Agreement are effective when they are posted to the Site. Continuing to sell items on the Site will constitute your agreement to the new Agreement. It is your responsibility to review the changes and decide if you want to continue to use the Site. Changes to the marketplace seller agreement may occur without prior notice to you.
TCGplayer provides an online service that allows third party sellers to sell their products to buyers (the “Marketplace”). With the express exception of seller’s appointment of TCGplayer as a limited payments agent (described in further detail in the “Payments” section below), TCGplayer does not act as the agent for either buyers or sellers. Our service provides a platform for these transactions to take place.
You must login with an existing account or complete the Site registration process to create an account with a username and password (the “Account”) in order to make full use of selling on the Marketplace. You may not share your password with anyone except authorized employees (if you’re a retail business or have a Pro Seller by TCGplayer account with user roles). You must always provide accurate, current and complete information, and you must update such information in a timely manner to maintain its accuracy and completeness. Any use of the Site through your Account will be deemed as being used by you. TCGplayer is entitled to rely on the contact and other information that is supplied to us through your Account. Your Account is non-transferable and non-assignable.
Listing items for sale in the TCGplayer Marketplace is limited to parties that can lawfully enter into a contract. Minors are not allowed to buy or sell on the Marketplace. To list items for sale, you must supply your name, address, phone number, email address, your bank account information, and any other information we may request.
Please note that the bank account information you provide must be for a valid bank account owned by you so that you can be paid for your sales. Unless we otherwise allow, your bank account information must be for an account in the United States. Payouts of your sales proceeds will be made in U.S. Dollars unless we otherwise agree, and may be delayed if you do not provide us with accurate information.
For all items sold through the Marketplace, TCGplayer charges a fee based on a percentage of the sale price, as set forth under the document entitled Fees. You, as the seller of an item, are responsible for paying this fee. This fee will be automatically deducted from the earnings you receive from a sale. Fees may change at any time without notice. The fee in effect on the date of sale of the item shall govern the transaction. Please view the Fees page to view the latest fee structure. By listing an item for sale in the Marketplace, you agree to pay the applicable fees and any collection costs related to non-payment of fees. All fees are payable upon demand via your bank account. You authorize TCGplayer to debit your bank account for amounts due to us, such as commission fees for items you sell.
TCGplayer requires you to provide timely support to buyers in the Marketplace; please make sure that all communications are kept within our online messaging center. All messages should ideally be replied to within 24 hours. Please resolve all customer issues related to the Marketplace within 48 hours if possible. You are also required to notify TCGplayer when you change the status of an order. Changes in status could include but are not limited to: canceling an order, refunding an order or alerting a customer about a missing item from their order. When you mark an item as shipped with tracking or shipped without tracking an automatic email will be sent to the customer alerting them of the status change. Do not contact customers directly unless replying to a question, alerting them of an order status update or responding to a complaint.
All orders should be shipped to customers within 48 hours. All orders must reach the Buyer within the quoted time frame of 12-15 business days (standard shipping) and 3-4 business days (expedited shipping). Failure to provide shipment notification within 4 days may cause your transaction and any associated payment to be canceled at our sole discretion. Please carefully read our Shipping Guidelines. It is your responsibility to deliver the items contained within an order to the Buyer and you waive your ability to win any disputes if the customer says the package did not arrive due to not having Delivery Confirmation or Tracking. You also waive the ability to win any disputes if the customer says the package did not arrive should they choose not to follow the Shipping Guidelines.
All orders made through TCGplayer.com must be shipped through the mail to buyers unless they are an In-Store Pickup order (Pro Sellers only). No attempts to meet in-person to transact should be attempted.
Sellers cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Items listed for sale must be listed on the correct item page and an accurate description of the products description must be given. The accounts of sellers may be limited in a matter that allows them to make a certain amount of transactions within a given time at the sole discretion of TCGplayer. Marketplace transactions must take place between two different individuals, organizations or entities. TCGplayer reserves the right to refuse service to anyone at any time for any reason.
TCGplayer determines which products to offer for sale in the Marketplace. Products may be added or removed at any time without notice. Changes to the item detail pages of a product can also take place without notice. The way listings appear in the Marketplace may change without notice to users of the Marketplace. Please note that if you are listing presale items, you should be following your publisher or distributor’s restrictions and regulations when using our Marketplace.
Sellers are required to sell items at the price they listed to customers. By listing an item in the Marketplace you agree that you have the right to sell the item, the item is in your possession and that your description provided in your listing is complete and accurate. Sellers are not allowed to drop ship or sell items they do not physically possess. Sellers are required to ship an order by the provided ship date and follow the TCGplayer Shipping Guidelines. Failure to ship by the provided date or follow the TCGplayer Shipping Guidelines may be grounds for termination of your Account.
You must keep any buyer information you receive confidential and secure. In general, you should not share your TCGplayer login information with anyone other than authorized employees. Any employees or individuals who have access to your TCGplayer account must also keep login and buyer information secure. If you store buyer information anywhere outside of the TCGplayer Seller Portal, you must store that information securely where unauthorized individuals cannot access the information. In addition, you may not share, sell, rent, or distribute buyer information to a third party for purposes unrelated to the transaction made on the Site, including through social media platforms, such as the TCGplayer Pro Retailers Group on Facebook. You may not use buyer information except as necessary to complete the purposes for which the information was provided to you (e.g., to complete the transaction). You may not use buyer information to market to buyers, unless you obtain prior, opt-in consent from each individual buyer before doing so.
GENERAL DATA PROTECTION REGULATION (GDPR)
GDPR stands for the General Data Protection Regulation, a European Union (EU) law that regulates how personal information can be collected, stored, and used in an effort to protect online users. Under this law, residents of the European Union have the right to know who is collecting their personal information and for what purpose it is being used.
If you sell to individuals residing within the European Union, the law applies to you. In addition, as a TCGplayer seller, you must adhere to the GDPR regulations and follow best practices when handling a buyer’s personal information. You may receive certain information about buyers, such as names, mailing addresses, phone numbers and email addresses. It’s important that you keep this information confidential and secure.
In addition, residents in the EU have the “right to be forgotten” and we will make every attempt to comply with rules under GDPR Article 17, Paragraph 2. If we forward you a buyer’s request to be forgotten, you must comply and delete all personal information you have in your possession.
Appointment of TCGplayer as Limited Payments Agent
TCGplayer will receive payments on your behalf as your agent. You hereby appoint TCGplayer as your agent for the limited purpose of receiving, holding, and settling payments for your sales of goods in the Marketplace.
You agree that a payment received by us from a buyer, on your behalf, satisfies the buyer’s obligation to make payment to you in the amount of the payment received, regardless of whether we actually settle such payment to you. If we do not make any such payment to you as described in this Agreement, you will have recourse against us only and not against the buyer, as such payment is deemed to be made by the buyer to you upon receipt by us. To the extent permissible under the rules of any third-party or governmental body with jurisdiction over us, you agree that in accepting this appointment as your agent we are not liable for your acts and omissions and you understand that we disclaim any such liability.
Receipt and Settlement of Funds
After your buyer makes a purchase, we will generally initiate settlement of your sales proceeds (net of fees owed to us, taxes, shipping fees, and any other applicable adjustments) to your chosen bank account on the nearest Monday or Thursday, subject to the “Risk of Loss” section below. In the event of a holiday falling on a Monday or a Thursday, TCGplayer may initiate your payment on the next available business day. If payment is made to you in error, or if you receive funds that you are not otherwise entitled to receive at the time of disbursement, TCGplayer has the right to recoup such amounts from the you, including without limitation by initiating a debit or charge to your bank account. TCGplayer may also net against subsequent funds pending settlement any sums that are due, or reasonably likely to become due, to TCGplayer pursuant to this Agreement.
It is the seller’s responsibility to collect and remit any taxes associated with a transaction. TCGplayer collects and pays sales tax on all transactions in certain states based on our specific business requirements. If you have substantial sales into states that we aren’t automatically collecting for, you could still have a responsibility to collect sales tax on these purchases. TCGplayer is not responsible for determining when tax should be charged and will not be held responsible for the collection or lack of collection of any taxes on such purchases.
For all of your products you will accept and process returns, refunds and adjustments in accordance with this Agreement and the TCGplayer Refund and Returns Policy published on the Site at the time of the applicable order, and we may inform customers that these policies apply to your products. Customers are not subject to restocking or refund processing fees when a Seller applies a refund. You will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by you to buyers in connection with TCGplayer Marketplace purchases, using functionality we enable for your account, and will route all such payments through TCGplayer. We will provide any such payments to the buyers (which may be in the same payment form originally used to purchase your product), and you will reimburse us for all amounts so paid. We may offset such payments against any amounts to be remitted or paid by TCGplayer to seller under this Agreement or seek reimbursement from seller via any of the means authorized under this Agreement. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable TCGplayer Refund and Returns Policy and as required
You can terminate your participation in the Marketplace at any time by written notice to TCGplayer. TCGplayer reserves the right to terminate a user’s participation in the Marketplace at any time for any reason at its sole discretion, with or without notice to user. TCGplayer reserves the right to monitor user accounts to determine if policies or laws are being broken. TCGplayer reserves the right to remove or edit any content supplied by users. Any illegal or fraudulent activity may be reported to law enforcement or other third parties. Upon termination, seller must pay TCGplayer any fees that were incurred prior to the effective date of termination, and any pending transactions will be canceled.
TCGplayer reserves the right, upon termination, to offset against any payments to be made to seller, an amount determined by TCGplayer to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to buyers in connection with Marketplace purchases from seller's account for a prospective three-month period. At the end of such three-month period following termination, TCGplayer will disburse to seller any amount not used to offset chargebacks, refunds, adjustments or such other amounts paid to buyers, or seek reimbursement from seller via any of the means authorized in this Agreement for any additional amount required to offset chargebacks, refunds, adjustments or other amounts paid to buyers, as applicable.
The TCGplayer Marketplace is provided as is and without warranty. TCGplayer makes no warranties of any kind, expressed or implied. We strive to make the Marketplace 24 hours a day 365 days a year, but we do not guarantee it will always be available. TCGplayer will not be liable for any loss due to the Marketplace not being available. TCGplayer will not be liable for any loss due to errors in our software or the software of others that we use.
RISK OF LOSS
We reserve the right to manage risks associated with providing services to you. For example, we may: impose transaction limits, place holds on your funds or instruct a payment service provider to hold your funds prior to disbursement, cancel or freeze settlement of proceeds, freeze your Account, or refuse service to anyone. Examples of factors we consider when taking such actions include: your selling history, your seller performance, returns and cancellations, chargebacks, transaction value, the ability to make direct debits from your bank account, and buyer disputes. Any hold placed on your funds will be lifted when our reason for the hold is resolved. Your bank’s holds and settlement procedures may at times cause delays in the settlement of funds to your bank account, and we do not have control over these delays.
Funds pending settlement to sellers will be held in a TCGplayer account pending disbursement. Seller agrees that it is not entitled to any interest or other compensation associated with such funds pending settlement, that seller has no right to direct any such account holding such funds, and that seller may not assign any interest in such accounts.
If you fail to fulfill an order in accordance with the order information and shipping information that we provide you, you will bear the risk of fraud or loss for such orders. TCGplayer reserves the right to seek reimbursement from you if we: in our sole discretion decide to reimburse the buyer, provide a refund to the buyer because you cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from a buyer's credit card issuer for the amount of the buyer's purchase from you. TCGplayer may obtain reimbursement of any amounts owed by you to us by deducting from future payments owed to you, reversing any credits to you, debiting your bank account, charging your credit card, or seeking such reimbursement from you by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement.
INDEMNITY/LIMITATION OF LIABILITY
You will defend, indemnify and hold harmless TCGplayer and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or the collection, payment or failure to collect or pay any taxes.
TCGPLAYER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS MARKETPLACE SELLER AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR THE MARKETPLACE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE.
You agree to release TCGplayer from claims, demands and damages related to transaction disputes with buyers. If a dispute arises, buyers and sellers are expected to work with each other on a resolution. At times, TCGplayer Customer Service may assist with disputes between buyers and sellers on our platform. While providing such assistance, TCGplayer Customer Service may apply full or partial refunds to resolve disagreements; any and all refunds are at the discretion of the Customer Service Team.
Any claim against TCGplayer in relation to the Marketplace shall be adjudicated in a court in Onondaga County, New York and you agree to exclusive jurisdiction of these courts. This Agreement shall be governed by New York law, without regard to conflict of laws principles thereof.
By accepting this Agreement, you grant the royalty-free use of any content you submit to us. You represent that you own any content you submit to us or you have the right to distribute submitted content. You will be responsible for any violation of rights for unauthorized content.
If any section of this Agreement is deemed unlawful, void or unenforceable, then that section shall be deemed severable and the remainder of this Agreement will remain in force. Failure to enforce any section of this Agreement by TCGplayer does not constitute a waiver of TCGplayer’s right to enforce such section or any other section in the future.
- 7/7/22 - Updated TAXES section.
- 8/22/22 - Updated shipping timeframe expectations.
- 9/27/23 - Updated Agreement.
Links in article: