Player Buylist Agreement
The Site is operated by Ascension Gaming Network, Inc. (“TCGplayer”), which reserves the right to make changes to this Player Buylist Agreement at any time. Changes to this Player 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 Player 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 Players to sell their products to many Stores in one simple transaction. Players create Buylist Offers by adding products they would like to sell to their Buylist Cart and viewing available pricing. The Player can then choose which products to sell through the Buylist. The Player delivers these products to TCGplayer, which then acts to confirm and receive these products on behalf of the Store. 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 addition, to participate in the Buylist Program a Player 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.
Selling products through the TCGplayer Buylist is limited to parties that can lawfully enter into a contract. Minors are not allowed to participate in the Buylist program. Players must be a resident of 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 Buylist Offers should arrive to TCGplayer within 96hrs. Failure to have a Buylist Offer arrive to TCGplayer within that time frame will result in the Buylist Offer being re-priced at current available Buylist market prices.
Please carefully read our Shipping Guidelines. It is a Player's responsibility to deliver the products contained within an Buylist Offer to TCGplayer. The Player waives the ability to win any disputes if the package does not arrive or is damaged during shipment to TCGplayer. The Player accepts that TCGplayer is not at fault for any shipments lost on route to TCGplayer. It is the duty of the Player to ensure safe arrival of their Buylist Offer.
A Player is assigned a Buylist Level, which is used to define the number of open Buylist Offers a Player may have, and place a limit on the number of products as well as value of products for a Buylist Offer. Over time a Player will have these limits increased as they successfully sell more products through the Buylist. This level is tied to the quality of shipments received by TCGplayer, which consists of products being sorted in the correct order, products arriving in the expected condition, and having all products delivered as detailed in the Buylist Offer. The Player should be as accurate as possible in order to elevate through the Buylist levels. TCGplayer reserves the right to demote Buylist levels for Players who submit inaccurate Offers to the Buylist Program.
Players are required to sell products at the prices contained within the Buylist Offer at the time it was created, or at the recalculated prices offered should the products arrive outside of our 96 hour time frame.
By creating a Buylist Offer, a Player confirms that they have the right to sell the product and the product is in their possession. Players are not allowed to drop ship or sell products they do not physically possess.
When a Player's Buylist offer arrives at TCGplayer, it is processed for content and condition integrity. Should there be no discrepancies for card quantity and condition, the offer is approved. If there is a discrepancy due to condition, damage, or otherwise, TCGplayer will revise the offered prices for products that do not match our expected condition from the Buylist Offer. Based on a Player's selected preferences, this revision will result in the Player receiving a message outlining the details of any changes. The Player has 72 hours to either accept or reject the new Offer for the products affected. If no response is given within 72 hours, the Player authorizes that the new offer is automatically accepted. Should the Player reject the offer on the products affected, those products will be mailed back to the Player at the expense of the Player. The Player authorizes that TCGplayer can access their payment method to pay for any return shipping costs.
Should the Player's Buylist offer arrive later than 96 hours, TCGplayer will reprice the offer based on available Buylist market prices and proceed with the process outlined above.
TCGplayer reserves the right to reject any offer. Should the Player abandon any material via choice or due to shipping costs, the Player authorizes TCGplayer to assume ownership after 21 calendar days.
After a Buylist Offer is accepted through our approval process, TCGplayer credits the net proceeds from the Buylist Offer to your payment method. These funds will be automatically transferred to your designated account based on our payment schedule (Monday & Thursday of each week.) Payments will be made in U.S. dollars.
By providing a payment method you are authorizing us to credit your account for all your sales 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 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. In the event of an overdraft, all fees and penalties associated with the overdraft are the responsibility of the Player.
As a security measure, TCGplayer may, but is not required to, impose transaction limits on some or all Players 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 Player: (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 withdraw from a transaction because of issues involving a Player's account.
If TCGplayer reasonably concludes based on information available to us that Player's actions and/or performance in connection with the Site may result in 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 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 Player actions and/or performance in connection with this agreement. We will not be liable to Player if we act in accordance with the provisions of this Section.
It is the Player’s responsibility to remit any taxes associated with a transaction. TCGplayer is not responsible for determining when tax should be remitted.
PLAYER BUYLIST FEES
Should there be discrepancies due to condition, non-delivery of a product or for some other reason, then the Player is responsible for the cost of return shipping. You authorize TCGplayer to deduct these shipping costs from either your Buylist Offer payment or your payment method on file.
Should TCGplayer deem a card to be counterfeit, TCGplayer will notify the Player and then destroy the card.
The Player 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 Player’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 Players. Any illegal or fraudulent activity may be reported to law enforcement or other third parties. Upon termination, a Player 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 Player, an amount determined by TCGplayer to be adequate to cover chargebacks, refunds, adjustments or other amounts paid in connection with the Buylist from Player 's account for a prospective three month period. At the end of such three month period following termination, TCGplayer will disburse to Player any amount not used to offset chargebacks, refunds, adjustments, or such other amounts, or seek reimbursement from Player 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 guarantee 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 Player to TCGplayer by deducting from future payments owed to the Player, reversing any credits to a Player's account, debiting the Player’s payment method, charging the Player’s credit card, or seeking such reimbursement from the Player 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) return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell, 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 or principles thereof.
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.