Terms of service for using Collexy

These terms and conditions (“Terms“) govern your use of www.collexy.com, Collexy (“Platform“), owned and operated by Juridas BV (“Provider“), a company registered in Belgium under the Crossroad bank of enterprises no. 0731.911.124 with VAT number BE0731911124.

By using the Platform, you agree to comply with and be bound by these Terms.

Anyone registering an account is deemed to be a user (“User“, collectively referred to as “Users“). Only Users can use the Platform. A User that buys on the Platform is called a “Buyer“, while a User that sells on the Platform is called
a “Seller“. A User does not have to be either a Buyer or Seller to be considered a User.

The third-party buyer protection provider is PayPal (Europe) S.à r.l. et Cie, S.C.A., a company incorporated in Luxembourg with its address 22-24 Boulevard Royal, L-2449 Luxembourg, and registered under Trade Register Number: R.C.S. Luxembourg B 118 349 with VAT number LU22046007 (“Buyer Protection Provider“) to be contacted at [email protected].

The payments will be processed by the third-party payment provider Stripe Inc., 354 Oyster Point Blvd, South San Francisco, United States (“Payment Provider“).

Article 1. Scope of the Terms

The Terms include both the terms and conditions and the code of conduct for using the Platform. The Terms apply to all transactions and activities, including, but not limited to, all legal, contractual and quasi-contractual transactions and/or activities. This does not preclude the application of additional terms for specific services.

The Terms cannot be deviated from unless the Provider expressly provides the User an exception in writing, which only applies to the User the exception is granted to without the possibility of transferring this exception to other Users.

Article 2. Services rendered by the Platform

The Platform is an online marketplace for transacting (adding, collecting, listing, buying, selling and offering) collectibles (including but not limited to trading cards). The Platform offers a framework to the Users to on the one hand collect their collectibles and on the other hand connect Buyers and Sellers in its function as an agent for arranging contracts.

Users can use the Platform to freely place and accept offers, buy and sell collectibles and manage sales procedures via the Platform.

The Platform and Provider are no party to the contracts concluded between Users on the Platform operated by the Provider. The fulfillment of the contracts concluded between the Users via the Platform is solely and exclusively the obligation of the Users that contracted in the transaction or contract. Any disputes arising are resolved by the Buyer Protection Provider.

The Platform and the services rendered by the Platform are available to Users that register. The eligibility of Users to make an account on the Platform is determined in line with any laws, legal regulations and these Terms.

Article 3. User registration

The registration on the Platform is free of charge.

The registration of Users on the Platform is subject to the Users accepting these Terms.

Accounts can only be registered by (i) natural and legally competent persons above 18 years of age; (ii) a parent or legal guardian of a natural person under 18 years of age, or (iii) an authorized representative of legal entities. It is prohibited to (i) register an account for a third party, and (ii) to register multiple accounts.

Upon registering an account, the Users are required to provide accurate, current and complete information during the registration process and update the Users’ information as needed. The Users commit themselves to immediately correct or update their information on the Platform if any changes would occur. The Users are solely responsible for all activities that occur under their account. The Platform reserves the right to verify the personal User data as provided by the User with the third-party Buyer Protection Provider and/or the Payment Provider.

The Users are responsible for maintaining the confidentiality of their account credentials. The Users agree to not share their account credentials with third parties.

Once the Users have registered an account, these Terms have been accepted. The Users will receive an automated email containing their log-in credentials. The Provider can refuse registration without any reason.

Users cannot transfer or sell their account under any condition.

Article 4. Code of conduct while using the Platform

The Users agree to use the Platform only for lawful purposes and in a manner consistent with all applicable laws and regulations.

The Users agree to not use the Platform to:

  • scam or commit fraudulent activities,
  • violate the rights of others or infringe upon their intellectual property rights,
  • upload or transmit any harmful code, viruses or other malicious software,
  • use the Platform to promote or engage in any illegal activities, and
  • provide, offer access to or advertise content (in the broadest sense of the word i.e. including pictures, videos, text, etc.) that does not comply with the Belgian Penal Code or other similar laws and regulations that legally sanction the content.

The Users commit themselves to creating a welcoming environment for all other Users without any exception. The Users are therefore expressly forbidden to share content that can be classified or regarded as:

  • libelous or defamatory, irrespective of who is affected,
  • being pornographic, encouraging violence, abusive, immoral or violating the law for the protection of children and youth,
  • constituting unacceptable harassment and/or abuse of other Users,
  • infringing on the rights of other Users or third parties,
  • serving the performance or assistance of anti-competitive actions, and
  • disparaging any group of people based on age, body size, disability, ethnicity, gender identity and expression, level of experience, nationality, personal appearance, race, religion, sexual identity, sexual orientation or any other basis.

This is not an exhaustive list. The Platform reserves all methods of action against Users breaching these rules.

The Users are prohibited from publicly sharing content shared on the Platform by other Users, unless the other User has explicitly and in writing agreed to the content being shared publicly. Any links to external websites in listings or anywhere else on the Platform are prohibited. Any form of price manipulation, fake feedback or shill bidding are explicitly prohibited.

The Users are responsible for the information stored in your account. The User accepts all liability for any payment due for orders placed by their account.

The Users may not interfere with the operation the Platform and the services provided by the Platform and Provider which includes, but is not limited to:

  • gaining access to the account of another User,
  • disrupting or tampering of the servers or services of the Platform and/or Provider, and
  • placing undue burden on the Platform using automated means (in its broadest meaning).

Article 5. Content and listings

Users may create content, including product listings, on the Platform. The Platform tries its best to ensure that the listings, prices, products and services are as accurate as possible. However, the Platform does not endorse or guarantee the accuracy, completeness or quality of these listings, description, availability, shipping times or rates and the correctness and lack of errors of the database. The Platform strives to improve this on a daily basis.

All collectibles offered for sale on the platform must be official and genuine, i.e. produced by (the authorized producer of) the owner of the intellectual property rights of the collectible. The sale of counterfeit or fake collectibles is strictly prohibited and will be sanctioned immediately. The Platform and Provider expressly reserve the right to take further legal steps, including but not limited to the right to file and pursue criminal complaints.

The description section in a listing only exists to provide for additional clarifying information on the product (to the extent it does not deviate from the selected parameters). Information relevant to the transaction may not be provided in the description section. All information in the description section must be correct and should not contradict the product information. In the event of a contradiction between the product information and the description, only the product information applies.

You agree that any content you post on the Platform:

  • will not be misleading, false, or deceptive,
  • will not infringe upon the rights of others, and
  • will comply with all applicable laws and regulations.

The User listing collectibles for sale on the Platform is obliged to state the correct physical condition of the collectibles. If the Seller’s failure to do so results in additional costs or damages to the Buyer, then the Seller is obliged to indemnify the Buyer for these additional costs. Please see the Condition Guide for guidance.

If the Buyer wishes to return a collectible, the Seller can agree to this or the Seller can be obliged to do so by the Buyer Protection Provider. Only then the Buyer can return the collectible. If the Buyer returns the collectible, the package must be marked by the Buyer as “returned goods/returns”. If he does not do so, the costs caused by the failure of the Buyer to do so will be deducted from the amount to be refunded by the Seller.

Article 6. Transactions between Users

The Users can use the Platform to solely collect, without any obligation to transact.

The Users can elect to transact via the Platform whereby the Users issue or accept offers with respect to collectibles, buy or sell collectibles.

Upon the User issuing an offer on the Platform, the User issues a legally binding offer for the conclusion of a contract. Up until the offer is accepted, the User can withdraw the offer. However, upon acceptance of the offer, a contract enters into effect between the User issuing the offer and the User accepting the offer.

Upon the User offering a collectible for sale on the Platform, the User issues a legally binding offer for the conclusion of a contract. Up until another User buys the collectible, the User can unlist the collectible or remove the collectible from the Platform. However, upon another User purchasing the collectible, a contract enters into effect between the Seller and the Buyer.

As mentioned above, once a transaction is concluded via the Platform between a Buyer and a Seller, a contract is concluded. The conclusion of a contract triggers the Platform to charge a platform fee (“Platform Fee“) on the value of the transaction (excluding shipping cost), which is withheld upon payment by the Buyer to the Seller via the Payment Provider. The Platform Fee is charged irrespective of whether the contract is not fulfilled at all, or not to the Users’ satisfaction. The right to charge a fee applies regardless of how the transactions are handled by the Users.

The Buyer is obliged to pay the agreed upon amount within a week after concluding the contract. The Seller may cancel the order free of charge during this period. The Provider may cancel the order if the Buyer does not pay within 2 weeks after concluding the contract.

The Seller is obliged to ship the order as soon as possible (but within a week) after receiving payment of the Buyer in line with the shipping method selected by the Buyer. The Buyer may cancel the order, subject to the acceptance of the Seller. The Provider may cancel the order if the Seller does respond to a cancellation request from the Buyer within 24 hours.

The agreed upon price of the collectibles is the final price, including VAT. Shipping costs, including VAT, are added to the total price of the order.

Article 7. Transactions and Payments

The Platform is not a party to any of the transactions concluded between Users via the Platform.

The Buyer is obliged to pay for the collectibles via the Payment Provider. The Buyer automatically benefits from the customer protection provided by the Buyer Protection Provider. The Seller will have to pay (1) the Platform Fee, (2) the fee charged by the Payment Provider (“Payment Processing Fee“), which includes the fee charged by the Buyer Protection Provider (“Buyer Protection Fee“).

After deducting the (1) Platform Fee, and (2) Payment Processing Fee, which includes the Buyer Protection Fee, the remaining balance of the transaction will be transferred to the Seller upon confirmation of arrival by the Buyer. The Buyer can issue a dispute via the Buyer Protection Provider (see articles 8 and 9).

The Users agree to comply with the terms and conditions of the third parties involved with the transactions, i.e. the Payment Provider and Buyer Protection Provider.

Article 8. Dispute resolution and Customer protection

Every transaction on the Platform is covered by the customer protection of the Buyer Protection Provider.

The Buyer is protected by the Buyer Protection Provider, however it is recommended to contact the Seller directly to resolve the situation. If this does not resolve the situation, Buyers can escalate the situation with the Buyer Protection Provider by opening a case.

The Provider solely provides the Platform and does not resolve any disputes. The Buyer Protection Fee, deducted from the payout to the Seller, is paid for this customer protection while the Platform Fee is paid for facilitating the transaction. The Platform does reserve the right to act upon the findings of the Buyer Protection Provider.

Article 9. Disputes and refunds guidelines

As all items are purchased with the Buyer protection via the Buyer Protection Provider, a Buyer can submit a dispute with the Buyer Protection Provider, i.e. (1) an “item not received”-claim, and (2) a “significantly not as described”-claim.

Visit the PayPal’s Purchase Protection Program for more information on:

  • the qualification of your claim,
  • the eligibility for your transaction for the PayPal’s Purchase Protection Program,
  • the online dispute resolution process, and
  • the timeframes with respect to opening disputes.

The entire Buyer Protection and dispute process is taken care off by the Buyer Protection Provider.

Article 10. Cancellation of a transaction

Once the payment has been processed, the Buyer can request a cancellation of the order, subject to the Seller accepting. The Buyer cannot cancel the order once the order has been shipped by the Seller.

Once the payment has been processed, the Seller can cancel the transaction. The Seller has to act in good faith. The Platform foresees all rights to act against any Sellers abusing the ability to cancel the transaction.

Article 11. Consumer protection

When you are a Buyer in a Transaction and you are an individual not engaged in conduct related to your trade, business, you are a consumer. A Seller shall be required to comply with the minimum requirements of the consumer regulations in the Seller’s own jurisdiction in respect of cancellations, refunds and returns. If the Seller is within the UK or European Union (“EU”), you as a consumer will be protected by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Consumer Rights Act 2015, and any applicable EU consumer protection legislation that is directly applicable or applied through national legislation.

Article 12. Rights of use for uploading contents

The Users grant the Provider and Platform the transferable, single rights to the contents published by you on the Platform unlimited in time and place so far as necessary for operation the Platform. Specifically, the Users grants the Provider the right to upload the contents to the Platform and to duplicate of the contents as necessary. The Users also grant the Provider all the rights to optimize and edit the content when deemed necessary by the Provider.

Article 13. Submission to the database

Users are encouraged to enrich the database of collectibles (“Database”) by submitting data and/or pictures of collectibles.

The Database is construed on the basis of “Category” and “Brand”. The Category refers to the category of the collectibles (e.g. Trading Card Games). The Brand refers to the brand of the collectibles (e.g. Pokémon). Each combination of Category and Brand has its own database with own parameters. The Database reflects data via Masters (overarching remunerator) and Versions (specific variations of that Master).

The Users can submit their own pictures and confirm that these pictures are their own once they submit. The Users confirm that these pictures are not pirated, stolen, or obtained illicitly. Any liability is the responsibility of the submitting User. The Users warrant to the Provider that the Users are entitled and able to grant the rights for the content provided and submitted by the Users. The Users warrant especially not to post contents violating copyright, trademark right or other third party intellectual property rights. In the event of doubt, the Users commit to seek information accordingly and seek permission of the right-holder before submitting content.

Moreover, you warrant to the Provider not to post contents on the online platform which infringe the rights of third parties or the content of which is unlawful or has been declared inadmissible by the Provider.

Article 14. Copyright, Patents, Trademarks and Licenses

All of the content found on the Platform, including graphics, text, buttons, logos, video, audio, downloadable files, pricing information and databases, are the property of the Provider and protected by Belgian and international copyright laws. None of this material may be used without express written permission from the Provider.

The Platform may contain other trademarks, graphics and logos that are not owned by the Provider, including but not limited to graphics and logos for:

  • Pokémon
  • Pudgy Penguins
  • Yu-Gi-Oh
  • Disney Lorcana

These materials are the property of their respective owners who may or may not be connected to or affiliated directly with the Platform and Provider.

You agree not to crawl, scrap or spider the Platform without express written permission from the Provider.

Article 15. Privacy

The collection of your data serves to be able to offer a User friendly, efficient and secure internet service.

Your use of the Platform is governed by our Privacy Policy, which can be found here.

Article 16. Termination of your account

The contract between the Users and the Platform is concluded for an indefinite duration.

The Platform reserves the right to terminate or suspend your access to the Platform at our discretion, without notice, if we believe you have violated these Terms. The Terms will remain in full effect even after your account has been closed or you stopped using the services of the Platform.

The Provider reserves the following rights:

  • To limit or close any account at its sole discretion, without warning, justification, explanation or notice,
  • To verify and monitor User account in order to detect actions or behaviors in conflict with the law, the Terms and/or other policies,
  • To delete or edit any content uploaded or posted by Users,
  • To report any suspicious, illegal or fraudulent activity to authorities and/or other third parties.

Article 17. User liability

The Users bear full responsibility for any granting of rights, contributions, contents of your User profile and offers.

In case the Provider’s services are employed via a third party, because you have breached your obligations regarding the granting of rights, you shall indemnify the Provider completely and at first request against any liability and costs, including potential procedural costs. The Provider will inform you immediately about the claim and give you the opportunity to enter a defense against the claims being asserted as far as this is legally necessary and/or possible. The same applies to claims of third parties because the contents violate third party rights regardless of the authorship, especially rights of use and exploitation under copyright law.

You are responsible to the Provider and third parties for your own contributions, commentaries and any User profile contents, especially regarding the accuracy of the contents. If legal proceedings are taken against the Provider by another User or other third parties due to unlawful contributions, commentaries, User profile contents and/or offers, you shall indemnify the Provider from any liability and costs to the aforementioned extent.

The use of the online platform via third party applications and third-party software is at your own risk.

Article 18. Disclaimer

The Platform and all information, content, materials, products and services are provided on an “as is”-basis and an “‘as available”-basis, and the Provider does not make any warranties or representations, express or implied, about the Platform and all information, materials, products and services, including but not limited to its accuracy, merchantability, fitness for a particular purpose, or non-infringement. The Users expressly agree that your use of the Platform is at your sole risk.

To the maximum extent allowed by relevant and applicable law, the Provider disclaims all warranties. Specifically, the Provider does not warrant that Platform services, applications, servers or electronic application are free of viruses or other harmful components. The Provider will not be liable for any damages or losses caused by using the Platform or from its information, content, materials or products.

The Provider is not liable for the accuracy, quality, completeness, reliability, type and character or believability of the content uploaded by the Users. Such content does not represent the Provider’s opinion and in particular the Provider does not endorse such contents. The Provider is also not liable for the formation, implementation and fulfilment of contracts between Users. They only provide the platform for the purpose of allocating offers.

The Provider does its best to avoid any downtime, outages or periods of low activity but cannot guarantee this cannot occur. The Users understand that the Provider does not owe them any compensation for site outages, software bugs, inconveniences, or failure to live up to any statement in the Terms. The Users agree that the Provider will not be held liable for any personal, financial, data or competitive losses due to using the Platform.

The Provider is not liable for possible damages and/or misuse of personal data which may arise by your use of a third-party applications and software.

Liability according to the Product Liability Act also remains excluded. However, the provider is not liable within the legal framework for product defects, incorrect or misleading information provided by the manufacturer, or information provided by the manufacturer for individual products.

Article 19. Changes to the Terms

The Provider reserves the right to changes these Terms at any time. The continued use of the Platform by the Users after such changes will constitute the acceptance of the revised Terms by the Users.

Article 20. Governing Law

These Terms are governed by and construed in accordance with the laws of Belgium. Any disputes arising from or related to these Terms will be subject to the exclusive jurisdiction of the courts of Antwerp. The provisions of international private law do not apply.