Store Buylist Agreement
The Site is operated by Ascension Gaming Network, Inc. (“TCGplayer”), which reserves the right to make changes to this Store Buylist Agreement at any time. Changes to this Store Buylist Agreement are effective when the changes are posted to the Site. Continued participation in the Buylist program constitutes your agreement to any changes or additions. It is your responsibility to review the changes and decide if you want to continue to use our service. Changes to the Store Buylist Agreement may occur without notice to you.
Products and Prices may be added, updated or removed at any time without notice.
TCGplayer provides the Buylist Program as an online service that allows Stores to purchase products on their Buylist from Players. Stores create Buylist Pricing, which contains items, quantities and pricing. TCGplayer then acts to fulfill this list on behalf of the Store. Our service provides a platform for these transactions to take place.
To participate in the Buylist Program, a Store must review the program documentation and opt in to the Buylist Program, along with its relevant Terms of Service and submit information, such as address, phone number and payment method details. A prerequisite to Buylist Program participation is that a Store must be a Direct Seller and therefore accept the Terms of Service for the Direct Program.
Participating in the TCGplayer Buylist Program is limited to parties that can lawfully enter into a contract. Minors are not allowed to buy or sell within the Buylist Program. Stores must be located in the United States to participate in the Buylist Program.
TCGplayer reserves the right to refuse service to anyone at any time for any reason.
All items shipped by TCGplayer to the store will have shipping cost covered by the store. TCGplayer determines the shipping method best fit for the items, which will also include tracking. You authorize TCGplayer to deduct these shipping costs from your Withholdings amount or your payment method should your Withholdings not be enough to cover shipping charges. Should a package be lost en route to a Store, TCGplayer will credit the Store's account at fair market value.
The accounts of Stores may be limited in a manner that allows them to make a certain amount of transactions within a given time at the sole discretion of TCGplayer. TCGplayer reserves the right to refuse service to anyone at any time for any reason. Products may be added or removed at any time without notice and as such, the inventory to fulfill the Buylist Pricing list fluctuates. Stores having a Buylist Pricing list fulfilled are required to pay for items at the price listed when the Buylist Offer was initiated.
A Store must add funds in the form of deposits to their Withholding amount by setting up an allocated percentage every payment cycle, a set amount every payment cycle or by initiating a one-time payment. The Store gives permission for TCGplayer to deduct from a Store’s Withholdings when TCGplayer fulfills items from the Store's Buylist Pricing List. You give TCGplayer the permission to pull funds from your payment method for deposits into your Withholding amount in accordance with your specified method of adding funds. You authorize the cost of cards will be removed from your Withholding as payment, along with associated Buylist fees. Payment cycles for deposits occur on Monday and Thursday of each week with exceptions for holidays.
By providing a payment method, you are authorizing us to debit your account for purchases or fees through the Buylist, as well as charge the account per the guidelines of the Buylist Program. Please note that the payment method you have identified must be valid. In the event of an overdraft, all fees and penalties associated with the overdraft are the responsibility of the Store.
As a security measure, TCGplayer may, but is not required to, impose transaction limits on some or all Stores 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 Store: (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 party to withdraw from a transaction because of issues involving the Account.
If TCGplayer reasonably concludes based on information available to us that Store's actions and/or performance in connection with the Site may result in disputes, chargebacks or other claims, then we may, at 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 store actions and/or performance in connection with this Buylist agreement. We will not be liable to Store if we act in accordance with the provisions of this Section.
It is the Store’s responsibility to collect and remit any taxes associated with a transaction. TCGplayer is not responsible for determining when tax should be remitted.
STORE BUYLIST FEES
For all Buylist purchases, TCGplayer charges a fee based on a percentage of the sale price. This fee will automatically be taken from a Store's Withholding. The fee in effect on the purchase of an item shall govern the transaction. Please view the Fees page to view the latest fee structure. By creating a Buylist Pricing List, you agree to pay the applicable fees and any collection costs related to non-payment of fees.
There are no refunds or returns allowed for stores on orders TCGplayer fulfills based on Buylist Pricing Lists created by stores.
TCGplayer classifies cards as detailed in our card condition guidelines. By accepting the Buylist Store Agreement, you accept that cards delivered from TCGplayer are to the condition outlined in the card condition guidelines.
The Store can terminate participation in our Buylist at any time by written notice to TCGplayer or by simply stopping their participation. TCGplayer reserves the right to terminate a Store’s participation in the Buylist at any time for any reason at its sole discretion, with or without notice. 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, a Store 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 a Store, an amount determined by TCGplayer to be adequate to cover chargebacks, refunds, adjustments or other amounts paid in connection with the Buylist from store's account for a prospective three-month period. At the end of such three-month period following termination, TCGplayer will disburse to store any amount not used to offset chargebacks, refunds, adjustments or such other amounts, or seek reimbursement from Store via any of the means authorized in this Buylist agreement for any additional amount required to offset chargebacks, refunds, adjustments or other amounts paid, as applicable.
The TCGplayer Buylist is provided as is and without warranty. TCGplayer makes no warranties of any kind, expressed or implied. We strive to provide our Buylist 24 hours a day 365 days a year, but we do not guaranty our Buylist will always be available. TCGplayer will not be liable for any loss due to our Buylist 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 obtain reimbursement of any amounts owed by the Store to TCGplayer by deducting from future payments owed to the Store, reversing any credits to a Store’s account, debiting the Store’s payment method, charging the Store’s credit card, taking funds from Withholdings or seeking such reimbursement from the Store 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 Buylist 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 BUYLIST AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR THE BUYLIST, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE.
Any claim against TCGplayer in relation to our Buylist program 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.
SEVERABILITYIf 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.