Effective Date: 7 December 2024
Welcome to tcgXchange (tcgXchange.co.uk) (the “Service”), operated by tcgXchange (“we,” “us,” or “our”). By accessing or using the Service, you (“you” or “user”) agree to be bound by these Terms of Service (the “Terms”). Please read them carefully.
1. Description of Service
The Service provides a platform for users to sell their trading card game (“TCG”) cards in exchange for cash. We facilitate the purchase of TCG cards from users based on our evaluation and offer process. We do not sell TCG cards directly to users through this website, although this may change in the future, after which these Terms of Service will be updated.
You are prohibited from copying, modifying, distributing, selling, or leasing any part of our services. You may not represent yourself as our agent or act on our behalf without our express written consent. We reserve the right to terminate your access to our services or decline future business with you at any time, for any reason. In the event of termination, if we hold any cards belonging to you, we will return them to your address at your expense.
2. Eligibility
You must be at least 13 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement.
3. Card Submission and Evaluation
When submitting card lists for evaluation, the name, condition, expansion sets, collector number, language, and foil/non-foil print of the cards must be accurately described. Our evaluation process is based on various factors, including card condition, market demand, and current inventory. Our evaluation is final. We will make an offer for all cards listed, or partial, or none, and we are not obligated to provide further explanation. We reserve the right to refuse to purchase any card at our discretion.
4. Offer and Acceptance
After evaluating your cards (after the cards have been shipped to us and assessed), we will provide you with the same offer price we provided based solely on your list, an increased offer, or a lower offer, based on our assessment. You have the option to accept or decline the offer. If you accept the offer, you agree to sell the cards to us for the offered price. If you decline, the cards will be returned to you at your expense. We are not obligated to purchase any cards. A contract is formed only when you accept our binding offer.
5. Payment
Upon acceptance of our binding offer, we will process your payment via bank transfer or PayPal. Payment processing times may vary. You are responsible for providing accurate payment information. Any fees associated with your chosen payment method are your responsibility.
When you submit your payment information, you’ll be asked to confirm that you own the cards you’re selling and that you agree to these Terms of Service. We collect your name, address, bank details, and email address solely to process your card sale. This information may be disclosed to HMRC and law enforcement agencies if required by UK law. We will never use your information for advertising or share it with any third party for commercial purposes.
6. Shipping
You are responsible for shipping the cards to us securely and in appropriate packaging. You bear the risk of loss or damage during shipping. We recommend using a trackable shipping method. We are not responsible for cards lost or damaged during transit. If our offer exceeds £150, we will bear the shipping costs.
7. Card Authenticity
You represent and warrant that all cards you submit are genuine and authentic. We reserve the right to have cards professionally authenticated. If any cards are found to be counterfeit, we will not purchase them and may take further action, including reporting the matter to the appropriate authorities. You will be responsible for the cost of authentication if the cards are found to be inauthentic.
8. Returns
We reserve the right to return the cards to you, at your expense, if the characteristics of the cards sent to us do not match those described on the submitted list, or if a different offer was made from us to you and you chose not to accept it.
9. Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service, including but not limited to, loss of profits, data, or goodwill. Our total liability to you for any claim arising out of or related to the Service shall not exceed the amount you received for the cards in question.
10. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses (including attorney’s fees) arising out of or related to your use of the Service, your breach of these Terms, or your violation of any law or regulation.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales.
12. Changes to Terms
We reserve the right to modify these Terms at any time. Any changes will be posted on this page with a revised “Effective Date.” Your continued use of the Service following the posting of changes constitutes your acceptance of the revised Terms.
13. Contact Us
If you have any questions about these Terms, please contact us.