Terms Of Service Agreement – Celestial Gaming, Who's On First, TCGPlayer

Terms of Service & Marketplace Seller / Buyer Agreement

Updated: September 23rd, 2020

In order to purchase items on the websites listed here or on the TCGPlayer Marketplace on TCGplayer.com (the “Site”), you must agree to the marketplace seller / Buyer agreement outlined below, which includes our Privicy 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 TCGplayer, 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 SETUP

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.

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.

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 buyer of an item is responsible for paying this fee. This fee will be automatically added to the taxes and service if checking out with Paypal. You agree to pay the applicable fees for any amount due at the rate of 2.9% of the total gross cost.

SHIPPING EXPECTATIONS

If the buyer is requesting the items purchased be shipped they may do so at their expense during checkout. 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). 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.

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.

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. 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.

CUSTOMER/BUYER INFORMATION

This site or the seller in-charge must keep any buyer information received 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.

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.Currently the City of Marysville locally charges 9.2 percent if sale is local, Online sales are higher having to pay the state (9.2%) city (9.2%) and site fees including shipping charges

RETURN POLICY

We do not accept returns on any product locally within the store front, in a rare circumstance we can refund the buyer only if the item was a preorder and if they never received the product after official launch with receipt in hand. Receipts may be requested at purchase time and we are not obligated to storing that information for the customer.

RISK OF LOSS

Celestial Gaming & TCGplayer may refuse service to anyone for any reason. Celestial Gaming, whos on first, and TCGplayer will not 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 any risk of fraud or loss that are not fulfilled strictly in accordance with the order information and shipping information that is provided to us. TCGplayer reserves the right to seek reimbursement from the seller if we, in our sole discretion, find any fraudulent funding or information that would keep us neglected and not reimbursed both legally and physically, If we cannot provide a promptly deliver the goods to the buyer we will contact them to seek a resolution or in rare circumstance refund the buyer. 

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 any store front employee or TCGplayers Customer Service Team. 

JURISDICTION

Any claim against the Storefront in relation to our marketplace shall be adjudicated in a court in Snohomish County, WA and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by Washington state 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 our storefront & TCGplayer does not constitute a waiver of rights to enforce such section or any other section in the future.

© Celestial Gaming, Who's On First, TCGplayer

This is the Terms of Service Agreement any end user must abide by when purchasing from our store front and tcgplayer / paypal linked with our website.