Terms of Service

1. Scope & Definitions

1.1 Scope

These Terms of Service ("Terms") govern the use of TCG Vertex ("Platform"), an online marketplace operated by Vertex Trading Card Game GmbH ("Operator," "we," "us"). By creating an account or using the Platform, you ("User," "you") agree to these Terms in full.

1.2 Definitions

• "Buyer" — A User who purchases items through the Platform.
• "Seller" — A User who lists and sells items through the Platform after completing identity verification.
• "Order" — A binding purchase agreement between a Buyer and a Seller facilitated through the Platform.
• "Escrow" — Funds held by the Platform on behalf of a Seller until the transaction is completed.
• "Commission" — The percentage-based service fee charged by the Platform on completed sales.
• "Stripe Connect" — The third-party payment infrastructure used for identity verification and payout processing.
• "Withdrawable Balance" — Funds earned through sales that can be withdrawn to an external account.
• "Account Balance (Credits)" — Non-withdrawable funds from top-ups, promotions, or refunds, usable for purchases on the Platform.

1.3 Platform Role

TCG Vertex acts solely as an intermediary marketplace connecting Buyers and Sellers. The Operator is not a party to the purchase contract between Buyer and Seller. The Operator does not take ownership of, inspect, or guarantee the quality of items listed on the Platform.

2. Account Registration & Account Types

2.1 Eligibility

You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to create an account. By registering, you represent and warrant that all information provided is accurate, current, and complete.

2.2 Account Types

Upon registration, you must select one of two account types:

• Private Account — For individuals who buy and sell trading cards as a personal hobby. Subject to consumer protection laws.
• Business Account — For registered businesses or sole proprietors engaged in commercial trading card sales. Requires additional company information (legal name, registration number, VAT ID where applicable).

2.3 Account Type Consistency

Your account type must remain consistent across all Platform services. If you register as a Private account, your Stripe Connect verification must also be Private (and vice versa for Business). You may not register as Private and then verify as Business on Stripe, or the reverse.

2.4 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials. You must notify us immediately of any unauthorized use of your account. The Operator is not liable for losses arising from unauthorized access due to your failure to secure your credentials.

2.5 One Account Per Person

Each natural person or legal entity may maintain only one account. Creating multiple accounts to circumvent restrictions, manipulate pricing, or abuse promotions is grounds for immediate termination of all accounts.

3. Identity Verification (KYC) & Stripe Connect

3.1 Seller Verification Requirement

To list items for sale, you must complete the Stripe Connect onboarding process ("Know Your Customer" / KYC verification). This includes providing:

• Government-issued photo identification
• Proof of address (where required by Stripe)
• Bank account details for payouts
• For Business accounts: company registration documents, VAT ID

3.2 Third-Party Processing

Identity verification is processed by Stripe, Inc. pursuant to their own terms of service and privacy policy. By completing KYC, you agree to Stripe's terms. The Operator does not store your identity documents — these are processed and held by Stripe.

3.3 Verification Status

Your seller privileges are contingent on maintaining a verified Stripe Connect account in good standing. If Stripe revokes your verification, your ability to sell on the Platform will be suspended until the issue is resolved.

4. Marketplace Rules & Listings

4.1 Listing Accuracy

All listings must accurately represent the item being sold, including:

• Card condition (Near Mint, Lightly Played, Moderately Played, Heavily Played, Damaged)
• Language of the card
• Whether the card is foil, reverse holo, or standard
• Whether the card is graded (and by which grading company and score)
• Accurate pricing in EUR (€)

4.2 Prohibited Listings

The following items may not be listed:

• Counterfeit, fake, or reproduction cards (unless clearly marked as proxies/replicas and priced accordingly)
• Stolen goods
• Items that infringe on intellectual property rights
• Non-trading-card items (unless within approved product categories such as sealed products)

4.3 Pricing

Sellers set their own prices. The Platform may display market reference prices, but these are informational only and do not constitute pricing guidance or valuation guarantees.

5. Orders, Payments & Escrow

5.1 Purchase Agreement

When a Buyer completes a purchase, a binding contract is formed directly between the Buyer and the Seller. The Platform facilitates but is not a party to this contract.

5.2 Payment Methods

The Platform accepts the following payment methods:

• Stripe Checkout — Credit/debit card payments processed by Stripe. A processing fee is charged by Stripe and passed through to the Buyer.
• Account Balance — Buyers may use their non-withdrawable credits and/or withdrawable balance. Non-withdrawable credits are consumed first.
• Split Payment — A combination of account balance and Stripe payment.

5.3 Escrow Mechanism

All payments are held in escrow by the Platform until the order is completed:

• Private Sellers: Funds are released to the Seller's withdrawable balance when the Buyer confirms receipt of the item ("Confirm Arrival").
• Business Sellers: Funds are released to the Seller's withdrawable balance immediately upon marking the order as shipped. The Buyer still needs to confirm arrival to complete the order.

5.4 Stripe Processing Fees

Stripe charges a processing fee on each card payment (approximately 2.9% + €0.25, subject to Stripe's current pricing). This fee is borne by the Buyer and is added at checkout. The Operator does not retain any portion of Stripe's processing fees.

6. Commission Fees & VAT

6.1 Commission Structure

The Platform charges a commission on each completed sale, calculated as a percentage of the sale value (item price + shipping cost, excluding extra payments). The commission rate depends on the Seller's membership tier:

Membership Tier	Commission Rate
Bronze (Free)	8%
Silver	7%
Gold	6%
Platinum	5%

6.2 VAT on Commission

A Value Added Tax (VAT) is applied on top of the commission fee in accordance with the applicable VAT rate of the Seller's country of residence. For Sellers located in Austria, the VAT rate is 20%. For Sellers in other EU member states, the VAT rate applicable in their respective country is used. This VAT is deducted from the sale proceeds alongside the commission. The total platform fee (commission + VAT) is deducted before crediting the Seller's withdrawable balance.

6.3 Commission Base

Commission is calculated on the item price plus shipping cost. Extra payments (e.g., insurance fees) are excluded from the commission base.

7. Membership Tiers & Subscriptions

7.1 Available Tiers

The Platform offers the following membership tiers with progressively lower commission rates and additional features:

• Bronze (Free) — Default tier for all users. 8% commission rate.
• Silver — Reduced commission (7%). Additional marketplace features.
• Gold — Further reduced commission (6%). Premium features and analytics.
• Platinum — Lowest commission (5%). Full access to all features including Power Tools (Profit & Loss analysis, Price Manager, Inventory Insights, Sales Analytics).

7.2 Subscription Billing

Paid memberships (Silver, Gold, Platinum) are billed on a recurring monthly or annual basis via Stripe. Subscriptions auto-renew unless cancelled before the renewal date.

7.3 Cancellation

You may cancel your membership at any time. Upon cancellation, your tier benefits remain active until the end of the current billing period. After expiration, your account reverts to the Bronze tier and the corresponding commission rate applies to future sales.

7.4 Refund Policy for Memberships

If you cancel your membership within 14 days of subscription or renewal (and have not used any tier-exclusive features during that period), you may request a full refund of the current billing period. Refund requests should be submitted via email to [email protected]. Outside of this 14-day window, membership fees for the current billing period are non-refundable, but your benefits remain active until the end of the paid period.

8. Balance System (Credits & Withdrawable Funds)

8.1 Dual Balance Structure

Each user account maintains two separate balances:

• Account Balance (Non-Withdrawable Credits) — Funded through balance top-ups (Stripe or bank transfer), promotional credits, or refunds. These credits can be used for purchases on the Platform but cannot be withdrawn to an external account.
• Withdrawable Balance — Earned through completed sales (after commission and VAT deduction). These funds can be withdrawn to your linked bank account, Stripe Connect, or PayPal.

8.2 Balance Top-Ups

Users may add funds to their account balance via:

• Stripe Payment — Instant processing. A Stripe processing fee (approximately 1.5% + €0.25) is applied.
• Bank Transfer — Manual processing. No additional fee. Processing time: 1–3 business days.

8.3 Consumption Order

When making a purchase using account balance, non-withdrawable credits are consumed first, preserving the user's withdrawable balance. This protects the user's ability to cash out earned funds.

8.4 Balance Ownership

Funds held in user balances remain the property of the respective User. The Operator holds these funds in trust and does not use them for operational purposes. The Operator maintains a cash pool sufficient to cover all user balance liabilities at all times.

9. Withdrawals & Payouts

9.1 Minimum Withdrawal

The minimum withdrawal amount is €10.00.

9.2 Withdrawal Methods & Fees

Method	Fee	Processing Time
Stripe Connect	0.25% of amount	Instant (to Stripe account)
Bank Transfer (SEPA)	Free	1–3 business days
PayPal	2% (max €1.00)	1–2 business days

9.3 Withdrawal Limits

Users may have a maximum of 3 pending withdrawal requests at any time. Only funds in the withdrawable balance can be withdrawn. Non-withdrawable credits (account balance) and Live+ credits cannot be withdrawn.

9.4 Stripe Connect Requirement

For Stripe Connect withdrawals, you must have a verified Stripe Connect account linked to your TCG Vertex profile. The Operator transfers funds directly to your connected Stripe account.

9.5 Business Seller Withdrawals

For Business accounts withdrawing via bank transfer, the bank account holder name must match the registered company name on the account.

10. Shipping & Delivery

10.1 Seller Responsibilities

Sellers are responsible for:

• Shipping items within a reasonable timeframe (typically within 3 business days of order confirmation)
• Packaging items securely to prevent damage during transit
• Providing a valid tracking number (where applicable)
• Bearing the cost of shipping as set in their listing

10.2 Shipping Insurance

Optional shipping insurance may be available at checkout. The insurance fee is excluded from the commission calculation. Insurance claims are subject to the terms of the insurance provider.

10.3 Delivery Confirmation

Upon receiving the item, the Buyer should click "Confirm Arrival" to release the Seller's funds. If the Buyer does not confirm arrival within a reasonable timeframe after tracking shows delivery, the order may be automatically completed.

10.4 Lost or Damaged Shipments

If a shipment is lost or arrives damaged, the Buyer should report the issue through the Platform's dispute system. The Operator will mediate between Buyer and Seller but is not liable for shipping losses unless directly caused by the Operator.

11. Returns, Cancellations & Disputes

11.1 Order Cancellation

Either the Buyer or the Seller may request an order cancellation before the item is shipped. Cancellation requests must be accepted by the other party. If both parties agree, the order is cancelled and the Buyer receives a full refund.

11.2 Item Not as Described

If an item does not match its listing description (wrong card, wrong condition, counterfeit, etc.), the Buyer may open a dispute. If the dispute is resolved in the Buyer's favor, a full refund will be issued.

11.3 Refund Method

Refunds are credited to the Buyer's withdrawable balance, regardless of the original payment method. This allows the Buyer to either use the funds for future purchases or withdraw them.

11.4 Dispute Resolution

The Operator provides a Customer Service team to mediate disputes between Buyers and Sellers. Decisions made by the Operator's support team regarding disputes are final and binding within the scope of the Platform.

11.5 Consumer Right of Withdrawal (Widerrufsrecht)

If you are a consumer purchasing from a Business Seller within the EU, you may have a right of withdrawal within 14 days of receiving the item, in accordance with EU Directive 2011/83/EU. This right does not apply to purchases from Private Sellers (peer-to-peer transactions). Items must be returned in their original condition.

12. Live Auctions (Live+)

12.1 Live Auction Participation

The Platform may offer live auction events ("Live+"). Participation requires an active account. Bids placed during a live auction are binding.

12.2 Live+ Balance

A separate Live+ balance may be used for auction bids. Live+ credits are non-withdrawable and can only be used within the Live+ auction system.

12.3 Auction Rules

The highest bid at the close of an auction wins. The winning bidder is obligated to complete the purchase. Failure to complete auction purchases may result in account penalties.

13. Trading & Trade Binder

13.1 Trading Feature

Users may create a public Trade Binder to signal which cards they are willing to trade. Trading is facilitated through the Platform's messaging and trade request system.

13.2 Trade Responsibility

Trades are agreements between individual Users. The Operator facilitates the trade matching process but does not guarantee the completion or fairness of trades. Both parties are responsible for shipping their respective items.

14. Community & Content Policy

14.1 User-Generated Content

Users may post comments, reviews, forum posts, and other content. By posting content on the Platform, you grant the Operator a non-exclusive, royalty-free license to display, reproduce, and distribute that content within the Platform.

14.2 Content Standards

Content must not:

• Contain hate speech, harassment, or threats
• Be sexually explicit or violent
• Infringe on third-party intellectual property
• Contain spam, advertising, or malicious links
• Include personal information of other users without consent

14.3 Content Moderation

The Operator reserves the right to remove any content that violates these standards without prior notice. Repeated violations may result in account suspension or termination.

15. Prohibited Activities

The following activities are strictly prohibited and may result in immediate account termination:

• Shill bidding or self-dealing (buying your own listings to inflate sales metrics)
• Price manipulation or market manipulation schemes
• Creating multiple accounts to circumvent bans or abuse promotions
• Attempting to circumvent the Platform's commission system (e.g., arranging off-platform payments)
• Using bots, scrapers, or automated tools without authorization
• Attempting to reverse-engineer, hack, or exploit the Platform's systems
• Money laundering or using the Platform for any illegal financial activity
• Selling counterfeit items knowingly
• Harassing, threatening, or abusing other Users or Platform staff

16. Intellectual Property

16.1 Platform IP

The Platform's design, code, logos, trademarks, and brand elements are the exclusive property of the Operator. You may not copy, reproduce, or distribute any part of the Platform without express written permission.

16.2 Third-Party IP

Trading card names, artwork, and game mechanics are the intellectual property of their respective publishers (e.g., The Pokémon Company, Wizards of the Coast, Konami, etc.). The Platform uses card information for marketplace and reference purposes under fair use. The Operator is not affiliated with or endorsed by any card game publisher.

16.3 Card Images

Card images displayed on the Platform are used for identification and reference purposes. If you are a rights holder and believe your intellectual property is being infringed, please contact us.

17. Limitation of Liability

17.1 Platform Provided "As Is"

The Platform is provided on an "as is" and "as available" basis. The Operator makes no warranties, express or implied, regarding the Platform's availability, reliability, or fitness for a particular purpose.

17.2 Transaction Liability

The Operator is not liable for:

• The quality, authenticity, or legality of items listed by Sellers
• The accuracy of item descriptions or conditions
• Shipping delays, losses, or damages caused by postal services
• Actions or omissions of Buyers or Sellers
• Loss of data or unauthorized access due to User negligence

17.3 Maximum Liability

To the maximum extent permitted by applicable law, the Operator's total liability for any claim arising from the use of the Platform shall not exceed the total fees paid by you to the Operator in the 12 months preceding the claim.

17.4 Force Majeure

The Operator is not liable for failure to perform obligations due to circumstances beyond reasonable control, including but not limited to natural disasters, pandemics, war, government action, or third-party service outages (including Stripe).

18. Termination & Account Suspension

18.1 User-Initiated Termination

You may close your account at any time by contacting support. Before closure, you must complete or cancel all pending orders and withdraw any remaining withdrawable balance.

18.2 Operator-Initiated Suspension

The Operator may suspend or terminate your account without notice if:

• You violate these Terms
• Your Stripe Connect verification is revoked
• We suspect fraudulent or illegal activity
• You receive excessive disputes or complaints

18.3 Effect of Termination

Upon termination, you lose access to your account and all associated data. Any remaining non-withdrawable credits are forfeited. Withdrawable balance may be retrieved by contacting support within 90 days of termination, subject to identity verification.

19. Governing Law & Jurisdiction

19.1 Governing Law

These Terms are governed by the laws of the Republic of Austria. For consumers within the EU, mandatory consumer protection laws of your country of residence may apply in addition.

19.2 Dispute Resolution

Any disputes arising from these Terms shall first be attempted to be resolved through direct negotiation. If negotiation fails, disputes shall be submitted to the competent courts of Vienna, Austria.

19.3 EU Online Dispute Resolution

The European Commission provides an Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. We are not obligated to participate in ODR proceedings but may choose to do so on a case-by-case basis.

20. Changes to These Terms

The Operator reserves the right to modify these Terms at any time. Users will be notified of material changes via email or an in-platform notification at least 14 days before the changes take effect. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms. If you do not agree with the changes, you must discontinue use of the Platform and close your account.

21. Contact Information

For questions, complaints, or legal inquiries regarding these Terms: