Terms of Service & Marketplace Rules

1. Scope & Definitions

1.1 Scope

These Terms of Service ("Terms") govern the access to and use of the online trading card platform TCG Vertex ("Platform"), accessible at vertextcg.com / vertextcg.at, operated by Vertex Trading Card Game GmbH ("Operator," "Vertex," "we," "us").

By registering an account, listing an item, or purchasing through the Platform, you ("User," "you") agree to these Terms in full. If you do not agree to these Terms, you must not use the Platform.

1.2 Definitions

• "Buyer" — Any registered User who places an Order to purchase items through the Platform.
• "Seller" — Any registered User who offers and sells items through the Platform.
• "Private Seller" — A Seller acting in a personal capacity for hobby or collector purposes (consumer-to-consumer / C2C).
• "Business Seller" — A Seller acting in a commercial, professional, or independent business capacity (business-to-consumer / B2C).
• "Order" — A legally binding purchase contract formed directly between a Buyer and a Seller via the Platform.
• "Escrow / Payment Safekeeping" — Transaction funds processed and held by our licensed payment infrastructure partner (Stripe Technology Europe, Ltd.) until release criteria are fulfilled.
• "Platform Commission" — The percentage fee charged by the Operator on completed marketplace transactions.
• "Withdrawable Balance" — Funds earned from completed sales that may be withdrawn to the Seller's verified bank account or payment provider.
• "Platform Credits (Non-Withdrawable)" — Promotional funds, referral bonuses, or balance top-ups that can only be spent on marketplace purchases.
• "Live+ Auction" — Real-time interactive livestream auctions conducted on the Platform.

2. Distribution of Responsibilities (Marketplace Roles)

2.1 Role of the Operator (Vertex)

TCG Vertex operates as an intermediary online marketplace. Except where an item is explicitly designated as sold directly by Vertex Trading Card Game GmbH, Vertex is not a party to the purchase contract between Buyer and Seller.

Vertex provides the technical marketplace platform, search and catalog tools, user verification interfaces, messaging features, payment gateway integration, and customer support dispute mediation (Buyer Protection). Vertex does not own, physically store, inspect prior to dispatch, or deliver items listed by third-party Sellers.

2.2 Role of the Seller

The Seller is exclusively responsible for:

• The accuracy, completeness, and truthfulness of item descriptions, card conditions, language, and authenticity.
• Lawful title, ownership, and the legal right to sell the listed item.
• Secure, damage-resistant packaging and prompt dispatch within the required timeframe.
• Compliance with all statutory consumer protection obligations (for Business Sellers), including the statutory 14-day right of withdrawal and statutory warranty obligations.
• Correct declaration and settlement of all personal or business taxes, duties, and levies arising from sales.

2.3 Role of the Buyer

The Buyer is responsible for:

• Providing complete, accurate, and deliverable shipping address information.
• Prompt settlement of the purchase price via accepted payment methods.
• Inspecting delivered items promptly upon arrival and confirming receipt ("Confirm Arrival") or opening a dispute within the designated claim window.

2.4 Role of the Payment Service Provider

Payment processing, identity verification (KYC), fund transmission, and payout distribution are handled by Stripe Technology Europe, Ltd. ("Stripe"), an authorized electronic money institution regulated by the Central Bank of Ireland. Customer funds are safeguarded in segregated accounts in accordance with European banking and payment services directives (PSD2). Vertex does not hold unsegregated banking deposits.

3. Seller Status & Consumer Protection Transparency (B2C vs. C2C)

3.1 Mandatory Status Indication

Every listing on the Platform clearly indicates whether the respective Seller is a Business Seller or a Private Seller.

3.2 Legal Consequences for Private Sales (C2C)

3.3 Legal Consequences for Business Sales (B2C)

Where a transaction is concluded between an EU consumer Buyer and a Business Seller, the mandatory statutory provisions of EU and Austrian consumer protection law (including the Consumer Rights Directive 2011/83/EU, the Austrian Consumer Protection Act / KSchG, the Distance and Off-Premises Selling Act / FAGG, and the Consumer Warranty Act / VGG) apply fully and directly between Buyer and Seller.

4. Account Registration & DSA Trader Traceability

4.1 Eligibility

Users must be at least 18 years of age and possess full legal capacity to register an account. By registering, you warrant that all information supplied is truthful, current, and complete.

4.2 One Account Rule

Each natural person or legal entity is entitled to maintain only one active account. Creating duplicate accounts to bypass bans, manipulate market pricing, or exploit promotions is strictly prohibited and results in immediate termination of all associated accounts.

4.3 DSA Article 30 Trader Traceability

Pursuant to Article 30 of the EU Digital Services Act (Regulation (EU) 2022/2065), any Seller offering goods to consumers on the Platform in a commercial capacity (Business Seller) must provide and verify the following information prior to publishing listings:

• Official corporate or legal trade name.
• Registered business address, valid corporate email address, and telephone number.
• Commercial register number (Firmenbuchnummer) and the court/registry of registration.
• Value Added Tax identification number (VAT ID / UID-Nummer), where applicable.
• A self-certification confirming that the Seller commits to offering only products that comply with applicable EU law.

This information is published in the Seller's public store profile to ensure full transparency for consumers.

5. Identity Verification (KYC) & Payment Infrastructure

5.1 Seller Verification Requirement

To list items and receive sales proceeds, all Sellers must complete identity verification ("Know Your Customer" / KYC) through Stripe Connect. This requires submitting:

• Government-issued photo identification (passport, national ID card, or driver's license).
• Proof of residential or commercial address.
• A verified bank account in the Seller's legal name for payouts.
• For Business Sellers: commercial register extract and beneficial ownership verification.

5.2 Escrow & Payment Safekeeping Mechanism

To ensure transaction security, all purchase payments are held securely in escrow by Stripe Connect until the transaction is successfully completed:

• Private Sellers: Funds are released to the Seller's withdrawable balance once the Buyer confirms receipt ("Confirm Arrival") or when the dispute window expires after confirmed delivery.
• Business Sellers: In consideration of commercial cash-flow needs, funds may be credited upon confirmed dispatch, subject to rolling reserves and immediate clawback in the event of an active dispute or chargeback.

6. Listing Rules & Zero-Tolerance Counterfeit Policy

6.1 Listing Accuracy & Condition Grading

All items must be accurately listed according to standard European TCG grading standards:

• Near Mint (NM) — Minimal to no visible wear.
• Lightly Played (LP / EX) — Minor edge wear or light surface scratches.
• Moderately Played (MP / GD) — Noticeable surface wear, edge chipping, or minor creasing.
• Heavily Played (HP / PL) — Major edge wear, scratches, or moderate bends.
• Damaged (DMG) — Severe creasing, tears, water damage, or structural impairment.

Listings must accurately specify card language, printing edition (1st Edition, Unlimited), finish (Foil, Reverse Holo, Textured, Non-Foil), and any third-party certification (grading company, cert number, and subgrades).

6.2 Zero Tolerance for Counterfeit, Fake, or Proxy Cards

Offering or selling counterfeit cards constitutes a severe violation of these Terms and EU intellectual property laws. Any listing containing counterfeit items will be immediately removed. The associated account will be suspended, any pending payouts will be frozen, and the Operator reserves the right to report counterfeit distributions to law enforcement and affected rights holders.

6.3 Prohibited Listings

• Stolen goods or items obtained through unlawful means.
• Unsealed mystery packs or repackaged booster lots presented dishonestly as original sealed products.
• Digital card codes or non-physical digital assets (unless in an authorized category).
• Items infringing on trademarks, copyrights, or other third-party proprietary rights.

7. Search Ranking & Recommendation Transparency (EU P2B & DSA)

Pursuant to Regulation (EU) 2019/1150 (P2B Regulation) and Article 27 of the Digital Services Act, Vertex discloses the main parameters determining the ranking of listings in search results and catalog overviews:

7.1 Primary Ranking Parameters

Parameter	Relative Importance	Description
Textual & Filter Relevance	High	Exact match between search query and card name, expansion set, card number, and game franchise.
Total Landed Price	High	Lowest combined cost (item price + applicable shipping rate to the Buyer's country).
Card Condition	Medium	Preference given to higher condition tiers (Near Mint / Excellent) over damaged cards.
Seller Performance Rating	Medium	Calculated based on verified buyer review scores, fulfillment success rate, and dispute ratio.
Geographic Proximity	Medium	Proximity of Seller to Buyer to minimize shipping delays and customs complications.
Listing Recency	Low	Recently published or updated listings in browse views.

7.2 Paid Promotion / Sponsored Listings

Where Sellers utilize promotional features to boost listing visibility (e.g. Featured Listings or Power Tools visibility boosts), such listings are clearly and prominently marked with a "Featured" or "Promoted" badge to ensure full transparency.

8. Orders, Purchase Agreements & Pricing

8.1 Formation of Contract

Clicking "Place Order" or "Pay Now" at checkout constitutes a binding purchase offer by the Buyer. The purchase agreement is concluded when the payment is confirmed and the order confirmation is displayed or transmitted via email.

8.2 Prices and Currency

All prices on the Platform are displayed in Euros (€ / EUR) or US Dollars ($ / USD) depending on user settings. Unless otherwise indicated for B2B transactions, prices displayed to consumers include all applicable statutory taxes (including statutory VAT where charged by Business Sellers).

9. Commission Fees & VAT

9.1 Platform Commission Structure

Membership Tier	Commission Rate	Capped Fee per Card
Bronze (Free)	8.0%	No Cap
Silver (Earned)	7.0%	No Cap
Gold	6.0%	€400.00
Platinum	5.0%	€300.00

* Fee Cap: For Gold and Platinum members, the maximum platform commission charged on any individual card listing is capped at €400.00 (Gold) and €300.00 (Platinum) respectively, regardless of how high the card's sale price is. Applicable taxes (VAT) are calculated on top of the capped commission fee.

9.2 Value Added Tax (VAT) on Commission

In accordance with Austrian and EU VAT directives, Value Added Tax is applied to the Operator's commission fee based on the Seller's tax residence (20% standard VAT for Austrian residents). This fee is automatically deducted from gross sale proceeds prior to crediting the Seller's Withdrawable Balance.

10. Balance System, Top-Ups & Fund Segregation

10.1 Dual Balance Architecture

• Withdrawable Balance: Consists solely of net proceeds from completed sales. These funds can be paid out at any time to the Seller's verified payout account.
• Platform Credits (Non-Withdrawable): Funds added via balance top-up, promotional credits, Live+ credits, or referral rewards. These funds can be used for purchases on the Platform but cannot be withdrawn to an external bank account.

10.2 Spending Priority

When an order is paid using an account balance, non-withdrawable credits are consumed first, safeguarding the user's withdrawable funds for external cash-out.

11. Withdrawals, Payouts, Reserves & Chargebacks

11.1 Payout Rules

The minimum withdrawal threshold is €10.00. Supported payout methods include SEPA Bank Transfer (free of platform charge, 1–3 business days), Stripe Connect (instant/standard transfer), and PayPal (fee: 2%, capped at €1.00).

11.2 Payout Holds & Rolling Reserves

The Operator and its payment processing partners reserve the right to temporarily hold payouts or institute a rolling reserve on a Seller's account under the following circumstances:

• Active unresolved disputes, Buyer Protection claims, or significant delivery delays.
• Suspected fraudulent activity, counterfeit card sales, or unauthorized transactions.
• An unusually high order cancellation or chargeback rate.
• Failure to complete mandatory identity or tax verification (KYC/AML).

11.3 Chargebacks & Double-Recovery Prohibition

Buyers agree not to initiate a bank or credit card chargeback while a Buyer Protection dispute is actively pending on the Platform. If a Buyer obtains a chargeback from their financial institution after receiving a platform refund, or initiates an unjustified chargeback, the Operator reserves the right to recover the duplicate amount, deduct it from any user balance, or suspend the account.

12. Shipping, Packaging & Delivery Confirmation

12.1 Seller Dispatch Obligations

Sellers must dispatch sold items within 3 business days of payment confirmation. All cards must be packaged securely (sleeves, rigid toploaders or semi-rigid holders, cardboard reinforcement, and padded bubble envelopes). Sellers must provide a valid tracking number for all tracked shipping methods.

12.2 Delivery Confirmation

Buyers must inspect shipments upon arrival and click "Confirm Arrival". If a tracked shipment shows "Delivered" and the Buyer takes no action within 5 calendar days, the order will be automatically marked as completed and funds released to the Seller, provided no dispute has been opened.

13. Buyer Protection Program (Käuferschutz)

The Vertex Buyer Protection Program provides comprehensive security for purchases conducted through the Platform's checkout.

13.1 Covered Claims

• Item Not Received (INR): The shipment did not arrive, tracking shows non-delivery, or the package was lost by the postal carrier.
• Item Significantly Not as Described (SNAD): The delivered item differs materially from the listing (wrong card, wrong language, incorrect printing edition, counterfeit card, or card condition significantly worse than listed).
• Damaged in Transit: The item arrived damaged due to inadequate or defective packaging by the Seller.

13.2 100% Counterfeit Money-Back Guarantee

If an item purchased through the Platform is determined to be counterfeit, proxy, or fake, the Buyer is entitled to an immediate 100% full refund, including all shipping and processing fees. The Seller's account will be immediately suspended and pending payouts frozen.

13.3 Filing Deadlines & Evidence Requirements

• Claims must be submitted through the Platform's dispute system within 3 calendar days of delivery (or within 14 days of estimated arrival for untracked items).
• Buyers must provide high-resolution photographs or unboxing video footage clearly showing the envelope, shipping label, card front/back, and specific defects.

13.4 Return Shipping & Resolution

Where a return is required for an item that is counterfeit or significantly not as described, the Seller bears the return shipping costs. Once return delivery is verified, a full refund is issued.

Customer Support reviews all evidence impartially. Support determinations are binding for the platform escrow release but do not limit the statutory legal rights of either party to seek judicial remedy.

14. Statutory Warranty Rights (Gesetzliche Gewährleistung)

14.1 Purchases from Business Sellers (B2C)

For all purchases made by consumers from Business Sellers, the statutory warranty rights (gesetzliche Gewährleistung) apply in full:

• The statutory warranty period is two (2) years from the date of physical receipt of the goods.
• Any defect that becomes apparent within one (1) year of delivery is presumed to have already existed at the time of delivery, unless proven otherwise by the Business Seller.
• The consumer is primarily entitled to remediation (repair or replacement). If remediation is impossible, disproportionate, or refused by the Seller, the consumer is entitled to a price reduction or rescission of the contract (full refund).
• These statutory warranty rights exist independently of, and are not restricted by, any commercial guarantee or Platform Buyer Protection.

14.2 Purchases from Private Sellers (C2C)

In transactions between private individuals (Private Seller → Consumer), the Seller may lawfully exclude statutory warranty under Austrian civil law (§ 922 ABGB). Such exclusion is valid provided the Seller did not fraudulently conceal a known defect or provide an explicit guarantee of a specific condition or authenticity.

14.3 Operator Intermediary Position

Because Vertex acts exclusively as an intermediary marketplace, the Operator does not assume the statutory seller warranty for marketplace transactions between third-party Buyers and Sellers.

15. Consumer Right of Withdrawal (Widerrufsbelehrung für B2C)

15.1 Right of Withdrawal

You have the right to withdraw from a purchase contract with a Business Seller within 14 calendar days without giving any reason.

The withdrawal period expires 14 days from the day on which you, or a third party designated by you (other than the carrier), acquires physical possession of the goods.

15.2 Exercising the Right of Withdrawal

To exercise your right of withdrawal, you must notify the respective Business Seller (or Vertex as the technical dispute mediator) of your decision to withdraw from the contract by an unequivocal statement (e.g., via the Platform dispute interface, email to [email protected], or by post). You may use the attached Model Withdrawal Form, but it is not obligatory.

15.3 Mandatory Online Withdrawal Button Notice

In accordance with Austrian statutory consumer protection legislation taking effect on October 1, 2026, consumers will be provided with an integrated online withdrawal button (Widerrufsbutton) directly on the order details page to facilitate instant, unambiguous digital withdrawal.

15.4 Effects of Withdrawal & Refund Method

If you withdraw from a purchase contract with a Business Seller, all payments received from you for that order (including standard delivery costs) will be refunded without undue delay and no later than 14 days from the day on which the Business Seller receives the returned goods or proof of return shipment.

15.5 Return Shipping Costs

The consumer bears the direct cost of returning the goods, provided the Business Seller informed the consumer thereof prior to purchase. If the item was delivered damaged, defective, or counterfeit, the Business Seller bears all return shipping costs.

15.6 Statutory Exceptions to the Right of Withdrawal

Pursuant to § 18 FAGG and Article 16 of Directive 2011/83/EU, the right of withdrawal does not apply to:

• Sealed trading card booster packs, booster boxes, or sealed blister packs that were unsealed by the consumer after delivery.
• Goods made to consumer specifications or clearly personalized.
• Digital content not supplied on a tangible medium, once performance has begun with the consumer's prior express consent.

16. Membership Subscriptions (B2C Contract with Operator)

16.1 Direct Contractual Relationship

Paid membership tiers (Silver, Gold, Platinum) constitute a direct service contract between the User and Vertex Trading Card Game GmbH. Subscriptions provide lower platform commission rates, per-card commission fee caps for high-value cards (€400 cap for Gold, €300 cap for Platinum), advanced inventory tools, and premium marketplace features.

16.2 Consumer Right of Withdrawal for Memberships

Consumers have a statutory 14-day right of withdrawal from membership agreements. If you request immediate activation of your membership benefits upon purchase, you acknowledge that you will pay an amount proportional to the services provided up to the time you communicated your withdrawal.

16.3 Renewal and Cancellation

Subscriptions renew automatically on a monthly or annual basis unless cancelled prior to the renewal date. You may cancel at any time in your account settings. Any price modifications will be announced via email with at least 30 days' advance notice, granting you the right to terminate before the changes take effect.

17. Live Auctions (Live+) Rules & Gaming Compliance

17.1 Binding Bids

All bids submitted during a Live+ auction are legally binding purchase commitments. Winning bidders are strictly obligated to complete payment. Placed bids cannot be retracted.

17.2 Anti-Sniping & Timer Extensions

To ensure fair bidding opportunities, any bid placed within the final 15 seconds of an auction lot automatically extends the countdown timer by an additional 15 seconds.

17.3 Technical Disruptions & Stream Failures

In the event of severe technical outages, stream latency failure, or server disruption, the Operator reserves the right to pause, cancel, or re-run affected auction lots to preserve marketplace integrity.

17.4 Compliance with Austrian Gaming Laws (Glücksspielgesetz — GSpG)

18. Trading & Trade Binder Rules

18.1 Peer-to-Peer Barter Exchange

The Trade Binder feature allows Users to coordinate non-monetary, peer-to-peer card trades. Vertex provides the catalog showcase and messaging infrastructure to facilitate user discovery.

18.2 No Cash Escrow Protection for Peer-to-Peer Trades

Unless a trade transaction is executed through the formal platform checkout with monetary escrow, the Operator's monetary Buyer Protection does not apply to peer-to-peer card swaps. Both parties trade at their own risk and are responsible for tracked, insured shipping. Fraudulent trade conduct results in permanent platform bans.

19. Digital Services Act (DSA) Compliance & Content Moderation

19.1 Notice and Action Mechanism (Article 16 DSA)

Users and rights holders may report suspected illegal content, counterfeit items, or infringing listings via our integrated reporting tool or by email to [email protected]. Notices must contain a sufficiently substantiated explanation of why the content is alleged to be illegal.

19.2 Statement of Reasons (Article 17 DSA)

If the Operator removes, disables, or demotes any listing or suspends a user account, the affected User will receive a clear and specific statement of reasons detailing the contractual or legal grounds, the facts relied upon, and available avenues of redress.

19.3 Internal Complaint-Handling System (Article 20 DSA)

Users have the right to appeal moderation decisions (such as listing removals or account suspensions) free of charge through our internal complaint-handling system within six (6) months of the decision date.

19.4 Single Point of Contact (Articles 11 & 12 DSA)

The electronic single point of contact for Member State authorities, the European Commission, the European Board for Digital Services, and platform users is:
Email: [email protected] (Languages: German, English).

20. Risk Scoring, Automated Flagging & Sanctions

20.1 Risk Triggers

The Platform utilizes automated algorithms and human review to monitor transaction security. The following triggers may result in graduated enforcement sanctions:

• Order cancellation rate exceeding 15% within a rolling 30-day window.
• Failure to ship confirmed orders within the required dispatch timeframe.
• Repeated counterfeit, fake card, or proxy reports.
• Falsified, duplicate, or manipulated tracking numbers.
• Excessive chargebacks, payment disputes, or negative account balances.
• Attempts to circumvent platform commission by soliciting off-platform transactions.

20.2 Graduated Sanctions Matrix

1. Warning & Account Flagging: Informational notice requiring immediate correction.
2. Listing Restriction: Temporary limitation on creating new listings or participating in Live+ streams.
3. Payout Reserve / Hold: Mandatory retention of sales proceeds during dispute investigation.
4. Account Suspension & Permanent Termination: Full forfeiture of access for severe or repeated breaches.

21. Intellectual Property

All Platform branding, logos, graphics, interfaces, and proprietary code are the exclusive property of Vertex Trading Card Game GmbH. Trading card names, artwork, and character representations are the intellectual property of their respective publishers (e.g., The Pokémon Company, Wizards of the Coast, Konami, Bandai). The Platform utilizes such information strictly for product identification and marketplace cataloging under European fair use principles.

22. Limitation of Liability

22.1 Statutory Liability Scope

The Operator is liable without limitation for intent and gross negligence (Vorsatz und grobe Fahrlässigkeit), as well as for bodily injury under Austrian law. For slight negligence (leichte Fahrlässigkeit), the Operator's liability is limited to the breach of essential contractual obligations (cardinal duties) and capped at the total fees received by the Operator from the User in the 12 months preceding the claim.

22.2 Third-Party Marketplace Items

The Operator is not liable for the condition, delivery, or authenticity of third-party marketplace items beyond the explicit commitments set forth in the Buyer Protection Program.

23. Governing Law, Jurisdiction & Alternative Dispute Resolution

23.1 Governing Law

These Terms and all disputes arising out of or in connection with the Platform are governed by the substantive laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers residing within the European Union, the mandatory statutory consumer protection provisions of their country of habitual residence remain unaffected.

23.2 Jurisdiction

For commercial entities, business users, and disputes between businesses (B2B), the exclusive place of jurisdiction is the competent court in Vienna, Austria (Handelsgericht Wien). For consumers, the statutory places of jurisdiction pursuant to § 14 of the Austrian Consumer Protection Act (KSchG) or Regulation (EU) No 1215/2012 (Brussels I bis) remain strictly unaffected.

23.3 Alternative Dispute Resolution (Austrian AStG)

24. Amendments to These Terms

The Operator reserves the right to amend these Terms for legitimate business, legal, or regulatory reasons. Registered Users will be notified of material changes via email or platform notification at least 15 days before the amendments become effective. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

25. Corporate Information & Contacts

26. Appendix: Model Withdrawal Form (Muster-Widerrufsformular)

(If you wish to withdraw from a purchase contract with a Business Seller, you may complete and return this form.)