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".

The third-party buyer protection provider is Trustap Ltd., a company incorporated in Ireland with its address at 1-2 St. Patrick's Quay, Victorian Quarter, Cork, Co. Cork, T23 CY5X, Ireland and registered under the company's registration number 614918 ("Buyer Protection Provider") to be contacted at support@trustap.com.

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

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.

2. Services rendered by the Platform

The Platform is an online marketplace for transacting (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.

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 correcting or updating 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 your 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 e-mail containing their log-in credentials. The Provider can refuse registration without any reason.

Users cannot transfer or sell their account under any condition.

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:

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:

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 Users accept 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:

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:

The User listing collectibles for sale on the Platform is obliged to state the correct physical location of the collectibles. If the Seller's failure to do so results in additional costs 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.

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 remove the collectible from the Platform. However, upon another using 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, unless the Platform is directly at fault. 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 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 free of charge once the period of a week has elapsed. The Provider may cancel the order if the Seller does not ship within 2 weeks after concluding the contract.

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

7. Transactions and Payments

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

The Buyer is obliged to pay for the collectibles via the Payment Provider. Upon payment the Buyer can select whether or not to elect for customer protection from the Buyer Protection Provider.

For Buyers electing for the Buyer Protection Provider, a fee (“Buyer Protection Fee”) is charged to those buyers. The Buyers electing for the Buyer protection will also have to pay the payment processing fee (“Payment Processing Fee”). However, the Buyers are free to determine if they wish to benefit from the Buyer protection.

For Buyers not electing for the Buyer Protection Provider, those Buyers do not have to pay the Buyer Protection Fee and Payment Processing Fee. Only the Seller will have to pay the Payment Processing Fee to the Payment Provider.

Upon receiving the payment, the Platform Fee and the Payment Processing Fee are paid respectively to the Platform and the Payment Provider. The remaining balance of the transaction will either be transferred to the Seller, be transferred to the Seller upon confirmation of arrival by the Buyer (without a complaint) or after the complaint was ruled in favor of the Seller.

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.

8. Dispute resolution and Customer protection

The Buyer has the option with each purchase to elect for Buyer protection from the Buyer Protection Provider. The Buyer pays for this Buyer protection the Buyer Protection Fee and the Payment Processing Fee, which are added to the final amount payable by the Buyer. In this event, the payment of the Buyer will not be released immediately to the Seller. The Buyer will have to confirm receipt of the shipment and its contents after which the payment of the Buyer is released, after deduction of the Platform Fee, to the Seller provided no complained is submitted by the Buyer.

The Buyer is not obligated to elect for the Buyer protection and can elect to forego this opportunity. In this event, the payment of the Buyer will be released immediately, after deduction of the Platform Fee and the Payment Processing Fee, to the Seller. The Buyer will not have the possibility to submit a complaint.

Irrespective of the choice of the Buyer, it is recommended to contact the Seller directly to resolve the situation. If this does not resolve the situation, Buyers that have paid the Buyer Protection Fee can escalate the situation to the Buyer Protection Provider by submitting a complaint.

The Provider solely provides the Platform and does not resolve any disputes. The Platform does reserve the right to act upon the findings of the Buyer Protection Provider.

9. Complaints and refunds guidelines

The purchase of collectibles with Buyer protection via the Buyer Protection Provider allows the Buyer to raise a complaint and request a refund for products not received or significantly not as described, provided that the complaint process is adhered to.

9.1. Complaint period

The complaint period starts when the Buyer confirms that the order was received successfully in the Control Panel > Purchases on the Platform and by clicking on the "Mark as Received"-button, which effectively progresses the transaction to "Confirmed"-status. The Buyer has 72 hours to file a complaint via the complaint process.

In the event the Buyer does not confirm the successful receipt of the order, the Buyer Protection Provider will contact the Buyer to request a confirmation of successful delivery. If the Buyer remains unresponsive for 72 hours after having been contacted by the Buyer Protection Provider to confirm the successful delivery of the collectible, the Buyer Protection Provider will confirm the delivery on the Buyer's behalf which will effectively progress the transaction to " Confirmed"- status. Subsequently, the Buyer has 72 hours to file a complaint via the complaint process (check section 9.2. for more details).

9.2. Complaint process

The complaint and refund request must be raised within the 72 hours complaint period. The Buyer must report the issue the correct purchase in Control Panel > Purchases on the Platform by Clicking on the "File a Complaint"-button and by completing the complaint submission flow, within 72 hours of the Buyer having confirmed reception of the collectible. The submitted complaint should include a detailed description of the issue justifying the refund request.

The successful completion and submission of this complaint process will suspend the transaction, and the funds will be retained by the Buyer Protection Provider for the duration of the complaint investigation and until the complaint is resolved. If the Buyer does not file a complaint within the three-day complaint period, the transaction will be automatically completed. In this case, the funds held by the Buyer Protection Provider will automatically be released to the Seller and no refund will be possible at this stage. Failure to file a complaint within the specified period will void any refund request, and neither the Platform nor the Buyer Protection Provider will be liable for late complaints.

9.3. Complaint reasons

Any of the following complaint reasons may be admissible:

The product was not received. If the Buyer does not receive the collectible(s), the Buyer must inform the Platform and Buyer Protection Provider going to the Control Panel > Purchases on the Platform and by clicking on the "Mark as Received"-button to then subsequently raise a complaint by clicking on the "File a Complaint"-button and completing the complaint submission flow. If the complaint investigation carried out by Buyer Protection Provider confirms the collectible(s) as not received, the Buyer will be issued a refund of the collectible(s) price(s) (see section 9.4. for more details about the complaint investigation). The Buyer Protection Fee however is non-refundable. In case of dispute about the delivery of the collectible(s), if a tracked shipping was used the information provided by the shipping provider will be deemed accurate, unless evidence to the contrary is provided to the Buyer Protection Provider by the Buyer. If the Seller chooses to use untracked postal services, the Seller will bear all liability for the collectible in case of non-delivery.

The product description at the time of purchase does not match the actual product received by the Buyer. The collectible(s) must comply with the description and any pictures published in the collectible listing. If no pictures are available, the general guidelines to determine the condition and validity as published on the Platform will be used. If, when received, the Buyer considers that the collectible does not correspond to the collectible(s) listing(s), the Buyer must go to the Control Panel > Purchases on the Platform and by clicking on the "Mark as Received"-button to then subsequently raise a complaint by clicking on the "File a Complaint"-button and completing the complaint submission flow. A complaint investigation will be initiated by the Buyer Protection Provider (see section 9.4. for more details). If the Buyer Protection Provider resolves the complaint in favor of the Buyer, the Buyer will be issued a refund of the collectible(s) price(s). The Buyer Protection fee however is non-refundable.

9.4. Complaint investigation

When a complaint is raised via the complaint process, a complaint investigation will be initiated by the Buyer Protection Provider. The Support Team of the Buyer Protection Provider will contact the Buyer and the Seller via e-mail and the Support Team of the Buyer Protection Provider may ask the Buyer and the Seller to provide information relative to the dispute together with all documents that may apply to the transaction (i.e. evidence), including any business terms, quote, images or video relative to the transaction, proof of recorded or courier delivery, expert statements, and/or any correspondence or other documentation relative to the transaction. Active cooperation from both parties involved in the transaction (Buyer and Seller) will be required. Any party's unresponsiveness for more than 48 hours after having been contacted by the Buyer Protection Provider will be considered as an agreement with the other party's claim. Once the Buyer Protection Provider reaches an outcome, both parties will be informed of this outcome by e-mail. In the event of a complaint being resolved in favor of the Buyer, a return of the product to the Seller may be required before a refund can be initiated. Please see section 9.5. for more details about returns.

9.5. Complaint outcome

The Buyer Protection Provider will ultimately make decisions on a case-by-case basis, based on all the relevant information provided by each party. The decision made by the Buyer Protection Provider is final, and both the Buyer and the Seller commit to respect such decisions made by the Buyer Protection Provider.

Provided that both parties engage with the support team of the Buyer Protection Provider during the complaint investigation, the Buyer will not be entitled to a refund of the price of the collectible in the following circumstances:

The Seller's failure to respond to the support team of the Buyer Protection Provider for more than 48 hours during the complaint investigation will result in an automatic resolution of the complaint in favor of a refund to the Buyer, while the Buyer's failure to respond to the support team of the Buyer Protection Provider for more than 48 hours during the complaint investigation will result in an automatic resolution of the complaint in favor of a release of the funds to the Seller. Extraordinary situations may lead the support team of the Buyer Protection Provider to apply some flexibility on these timeframes.

9.6. Returns

Except in situations where the product was not received, when the complaint investigation leads to a resolution in favor of a refund to the Buyer, the Seller can request a return of the collectible(s) within 72 hours of being notified of the outcome of the complaint. If the Seller requests a return of the collectible(s), the Buyer will have to return the collectible(s) within five working days for which the Seller will bear the cost of the return, unless agreed otherwise with the Seller. The Buyer is obliged to send the collectible(s) back It is advised that the Buyer selects tracked shipping services for the return of the collectible, in which case the shipping and delivery information provided by the shipping company will be deemed accurate unless evidence to the contrary is provided to the Buyer Protection Provider by the Seller. If the Buyer elects to use untracked postal services, the Buyer will bear liability for the collectible(s) until the Seller confirms the collectible as successfully returned. When a return is requested by the Seller, the Buyer Protection Provider will wait to receive confirmation from the Seller that the collectible was returned, before processing the refund.

If the Seller reports an issue about the returned Collectible(s) by contacting the customer support of the Buyer Protection Provider at support@trustap.com, the Buyer Protection Provider will investigate the issue and make a final decision.

The Buyer Protection Provider will process a refund of the collectible(s) price within 48 hours of receiving confirmation from the Seller that the collectible(s) was (were) successfully returned, or if the Seller remains unresponsive for 48 hours after having been contacted by the Buyer Protection Provider to confirm the return of the collectible. The Buyer Protection fee however is non-refundable.

The Seller may choose to relinquish their right to a return of the collectible(s). In this case, the Seller must notify the customer support of the Buyer Protection Provider of such a decision at support@trustap.com. Seller automatically relinquishes this right if the Seller does not request a return of the collectible(s) within 72 hours.

10. Cancellation of a transaction

Once the payment has been processed and the Funds have been deposited and are retained into the holding of the Buyer Protection Provider ("Trustap Hold"):

A transaction cannot be cancelled anymore once the funds have been released to the Seller.

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.

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.

13. Submissions 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.

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:

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.

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 on https://beta.collexy.com/privacy-policy.

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:

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.

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.

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.

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.