Marketplace Seller Agreement

In order to sell items in The Marketplace on TCGplayer.com (the “Site”), you must agree to the marketplace seller agreement outlined below, which includes our privacy policy and any other terms and conditions on the Site. 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 marketplace agreement.

The Site is operated by Ascension Gaming Network, Inc. (“TCGplayer”), which reserves the right to make changes to this marketplace seller agreement at any time. Changes to this marketplace seller agreement are effective when the changes are posted to the Site. Continuing to sell items in our marketplace will constitute your agreement to the new marketplace seller agreement. It is your responsibility to review the changes and decide if you want to continue to use our marketplace. Changes to the marketplace seller agreement may occur without notice to you.

THE MARKETPLACE

TCGplayer provides an online service that allows third party sellers to sell their products to buyers. TCGplayer does not act as the agent for either buyers or sellers. Our service provides a platform for these transactions to take place.

ACCOUNT SET-UP

You must login with an existing account or complete the Site registration process to create an account with a user name and password (the “Account”) in order to make full use of selling on the marketplace. You may not share your password with anyone. 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.

ELIGIBILITY REQUIREMENTS

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 our marketplace. To list items for sale you must supply your name, address, phone number, email address, bank account info for payment and agree to the marketplace agreement.

We request bank account information primarily for identity and security reasons. By providing a bank account you are also authorizing us to charge it to settle your account in the event that the amount due exceeds your available balance. Please note that the bank account you have identified must be valid in order for you to be paid for your sales. If for any reason it is invalid at the time we try to disburse funds to you, your disbursement will be delayed until you update the information.

MARKETPLACE FEES

For all items sold through its marketplace, TCGplayer charges a fee based on a percentage of the sale price, as set forth under the document entitled Fees. The seller of an item is 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 our 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. By listing an item for sale on the Site, you authorize TCGplayer to debit your bank account for amounts due.

REQUIRED COMMUNICATION

TCGplayer requires you to provide timely support to the customers of our marketplace, please make sure that all communications are kept within our online messaging center. All messages should ideally be replied to within 24hrs. Please resolve all customer issues related to the TCGplayer marketplace within 48hrs 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.

SHIPPING EXPECTATIONS

All orders should be shipped to customers within 48hrs. All orders must reach the Buyer within the quoted time frame of 6-8 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. As part of the Seller Agreement you are contracted to adhere to, 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. The Seller waives the ability to win any disputes if the customer says the package did not arrive should they choose not to follow the Shipping Guidelines.

SELLER RESTRICTIONS

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.

Sellers are required to sell items at the price they listed to customers that meet the seller’s terms. By listing an item in our 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.

PAYMENTS

After a Completed Sale occurs TCGplayer credits the net proceeds from the sale to your account. Keep in mind that refunds to buyers, selling fees, and other transactions are debited against amounts credited to your Account from sales. The funds in your Account will be automatically transferred to your designated checking account for Completed Sales on Monday & Thursday of each week. To receive funds, you must provide bank account information for an account in the U.S. Payments will be made in U.S. Dollars.

As a security measure, TCGplayer may, but is not required to, impose transaction limits on some or all sellers relating to the value of any transaction, disbursement, or adjustment, the cumulative value of all transactions, disbursements, or adjustments during a period of time, or the number of transactions per day or other period of time. TCGplayer will not be liable to seller: (i) if we do not proceed with a transaction, disbursement, or adjustment that would exceed any limit established by us for a security reason, or (ii) if we permit a buyer to withdraw from a transaction because of issues involving the Account.

If TCGplayer reasonably concludes based on information available to us that seller's actions and/or performance in connection with the Site may result in buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with this marketplace agreement for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any seller actions and/or performance in connection with this marketplace agreement. We will not be liable to seller if we act in accordance with the provisions of this Section.

TAXES

It is the seller’s responsibility to collect and remit any taxes associated with a transaction. TCGplayer may provide tools that allow a user to charge sales tax on transactions, but TCGplayer will not be held responsible for the collection or lack of collection of any taxes due to the use of these tools. TCGplayer is not responsible for determining when tax should be charged.

RETURN POLICY

For all of your products you will accept and process returns, refunds and adjustments in accordance with this marketplace seller 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 marketplace agreement or seek reimbursement from seller via any of the means authorized under this marketplace 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 by law, and in no case later than thirty (30) days after the obligation arises.

TERMINATION

The seller can terminate participation in our 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 marketplace agreement for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.

WARRANTY

The TCGplayer marketplace is provided as is and without warranty. TCGplayer makes no warranties of any kind, expressed or implied. We strive to provide our marketplace 24 hours a day 365 days a year, but we do not guaranty our marketplace will always be available. TCGplayer will not be liable for any loss due to our 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

TCGplayer may refuse service to anyone for any reason. TCGplayer may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by a buyer and our bank account being debited to pay out credits to a seller. TCGplayer will bear the risk of credit card fraud (i.e. fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with a payment transaction through our marketplace, and the seller will bear all other risk of fraud or loss that are not fulfilled strictly in accordance with the order information and shipping information that we provide you. TCGplayer reserves the right to seek reimbursement from the seller if we, in our sole discretion, decide to reimburse the buyer, provide a refund to the buyer if the seller 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 the seller. TCGplayer may obtain reimbursement of any amounts owed by the seller to TCGplayer by deducting from future payments owed to the seller, reversing any credits to the Account, debiting the seller’s bank account, charging the seller's credit card, or seeking such reimbursement from the seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or checking account.

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 marketplace 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 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.

DISPUTES

Because TCGplayer is not directly involved with transactions between buyers and sellers, you agree to release TCGplayer from claims, demands, and damages related to transaction disputes. If a dispute arises, buyers and sellers are expected to deal with each other to come to a resolution.  At times, TCGplayer Customer Service may step in to mediate disputes between Buyers and Sellers on our platform.  During mediation, 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. 

JURISDICTION

Any claim against TCGplayer in relation to our 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.

CONTENT AGREEMENT

By agreeing to the marketplace seller 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.

SEVERABILITY

If any section of this agreement is deemed unlawful, void or unenforceable, then that section shall be deemed severable and the remainder of the 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.

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