Terms of Use

Last updated: [DATE]

1. General Information

TradeHub TCG is an online marketplace for buying and selling trading cards and related products (the “Platform”).

The Platform is operated by:

Company: TradeHub TCG sp. z o.o.
Registered address: [REGISTERED ADDRESS]
KRS: [KRS NUMBER]
NIP: [NIP NUMBER]
Contact email: [CONTACT EMAIL]
Website: [WEBSITE URL]

These Terms of Use (“Terms”) govern access to and use of the Platform.

By creating an account or using the Platform, users agree to these Terms. Any mandatory rights under applicable law remain unaffected.

2. Role of the Platform

1. TradeHub TCG provides a marketplace connecting buyers and independent sellers.
2. Sellers may be private individuals or businesses.
3. Sales contracts are concluded directly between buyers and sellers. TradeHub TCG is not a party to those sales contracts and does not act as the seller of third-party products.
4. Sellers are responsible for their listings, products, order fulfillment and obligations arising from their sales contracts.
5. TradeHub TCG provides marketplace tools, payment integration and transaction support. It remains responsible for its own obligations under applicable law.

3. Accounts

1. Users must be at least 18 years old to buy or sell on the Platform.
2. Users must provide accurate registration information and keep it up to date.
3. Users are responsible for protecting their account credentials and must notify TradeHub TCG of suspected unauthorized access.
4. Users must not impersonate others, create fraudulent accounts or misuse the Platform.
5. Business sellers must provide the information and complete any verification required by applicable law or the Platform's payment providers.

4. Listings and Orders

1. Sellers must have the legal right to sell the products they list.
2. Listings must accurately describe products, including their condition, language, edition and other relevant characteristics.
3. Counterfeit, stolen, unlawful or misleadingly described products are prohibited.
4. Buyers should review product details, prices, shipping costs and seller information before placing an order.
5. The sales contract is concluded between the buyer and seller when an order is accepted in accordance with the checkout process.
6. Sellers must fulfill accepted orders in accordance with the transaction terms and applicable law.
7. The Platform indicates whether a seller acts as a business or private individual where required by law.

5. Payments and Seller Payouts

1. Payments on TradeHub TCG are processed through Stripe.
2. Buyers pay using the payment methods available during checkout.
3. After receiving an order, the buyer must manually confirm receipt through the Platform.
4. Seller payouts are initiated after the buyer confirms receipt, subject to applicable payment processing, verification, security and dispute procedures.
5. The timing of funds becoming available to the seller may depend on Stripe's processing procedures.
6. TradeHub TCG may withhold or delay a payout where justified by a reported dispute, suspected fraud, payment reversal or legal obligation.
7. Payment processing and payouts may be subject to Stripe's applicable terms.

6. Marketplace Fees

1. TradeHub TCG's standard marketplace commission is 5% of the value of products sold, excluding shipping costs.
2. A promotional commission rate of 0% currently applies.
3. The applicable commission rate is disclosed to sellers before the relevant transaction.
4. TradeHub TCG may change or end the promotion with appropriate advance notice, subject to applicable law.
5. Fee changes do not apply retroactively to completed transactions.
6. Any additional applicable fees are disclosed before they are incurred.

7. Shipping and Delivery

1. During checkout, the buyer selects a shipping method from the carriers and delivery options available on the Platform.
2. The list of available carriers and delivery methods may be updated from time to time.
3. Shipping costs are displayed before the buyer confirms the order.
4. The seller is responsible for preparing, packaging and dispatching the order using the selected delivery method.
5. Sellers must provide accurate shipping information and comply with applicable dispatch requirements.
6. Buyers must provide accurate delivery details and confirm receipt after receiving their orders.
7. Delivery tracking information may be used to verify shipment status and assist with transaction disputes.
8. Responsibility for lost or damaged shipments is determined by applicable law and the circumstances of the transaction.

8. Returns, Complaints and Disputes

1. Buyers should report missing, damaged, incorrect or significantly misdescribed products through [SUPPORT OR DISPUTE PROCESS].
2. Sellers are responsible for handling claims relating to their sales in accordance with applicable law.
3. TradeHub TCG may assist buyers and sellers in resolving disputes, including reviewing transaction and delivery information, without becoming a party to the sales contract.
4. Where a consumer buys from a business seller, applicable statutory consumer rights, including withdrawal and product conformity rights, remain unaffected.
5. Purchases from private sellers may be subject to different legal rules and generally do not carry the statutory consumer right of withdrawal applicable to distance contracts with businesses.
6. Nothing in these Terms limits rights that cannot legally be excluded.

9. Prohibited Activities

Users must not:

• List counterfeit, stolen, illegal or prohibited products.
• Provide false or misleading information.
• Engage in fraud, payment abuse or transaction manipulation.
• Harass or threaten other users.
• Infringe intellectual property rights.
• Attempt unauthorized access to Platform systems or accounts.
• Use automated tools to disrupt the Platform or unlawfully extract data.
• Misuse personal data obtained through transactions.

10. User Content and Intellectual Property

1. Users retain their rights to content they upload, subject to third-party rights.
2. Users grant TradeHub TCG a non-exclusive, royalty-free license to host, display and technically process their content as necessary to operate the Platform and display or promote their listings.
3. Users must have the necessary rights to publish product images, descriptions and other content.
4. TradeHub TCG's own branding, software and original content are protected by applicable intellectual property laws.
5. References to Pokémon, Magic: The Gathering and other games or brands are used for product identification. TradeHub TCG is not affiliated with their respective rights holders unless expressly stated otherwise.

11. Content Moderation and Account Restrictions

1. Users may report unlawful content or listings through [REPORTING CONTACT OR FORM].
2. TradeHub TCG may remove listings, restrict content, suspend accounts or take other proportionate measures where justified under these Terms or applicable law.
3. Where required by law, affected users will receive reasons for moderation decisions and information about available complaint or appeal procedures.
4. Content moderation and reporting procedures are subject to applicable law, including the EU Digital Services Act where relevant.

12. Platform Availability and Liability

1. TradeHub TCG aims to provide a reliable and secure Platform but does not guarantee uninterrupted or error-free availability.
2. Maintenance, technical issues or events outside the Platform's reasonable control may temporarily affect its availability.
3. Independent sellers are responsible for their products and contractual obligations toward buyers.
4. TradeHub TCG remains responsible for its own services, actions and legal obligations.
5. Nothing in these Terms excludes or limits liability where prohibited by applicable law.

13. Account Closure

1. Users may request account closure through [ACCOUNT DELETION PROCESS].
2. TradeHub TCG may restrict or terminate access where justified under these Terms and applicable law.
3. Account closure does not automatically cancel existing transactions, outstanding obligations or legally required data retention.
4. Personal data is handled in accordance with the Privacy Policy.

14. Changes to These Terms

1. TradeHub TCG may update these Terms to reflect legal, technical or operational changes.
2. Users will be informed of changes where required by applicable law.
3. Changes will not retroactively remove mandatory rights or alter completed transactions contrary to applicable law.
4. The current version will be available on the Platform.

15. Applicable Law and Contact

1. These Terms are governed by Polish law, without prejudice to mandatory consumer protections applicable under EU law and other applicable jurisdiction rules.
2. Disputes may be submitted to the competent courts in accordance with applicable law.
3. Questions about the Platform or these Terms may be directed to:

TradeHub TCG sp. z o.o.
[REGISTERED ADDRESS]
[CONTACT EMAIL]
[WEBSITE URL]