Terms & Conditions
1. Provider and Scope
Provider of the internet marketplace www.mtglocaltrade.com (hereafter: online platform) and thus contractual partner for the users of this online platform is MTGLocalTrade (hereafter: Provider).
These terms and conditions contain the terms and code of conduct for using the online platform and for all legal transactions and quasi-contractual activities which are affected between you and the Provider. It is, however, possible that additional terms are applied for certain special services. These will be made available to you before use in the form of additional terms and conditions. General terms and conditions deviating from these terms are not applicable unless the Provider agrees explicitly.
2. Specification of services
The online platform is an internet marketplace where game trading cards are offered, sold and bought. These sales transactions may take the form of direct sales, or through an auction format. The Provider merely acts as an agent arranging contracts between sellers and buyers. Users of the online platform are given the opportunity to place sale offers, to buy and sell trading cards (whether through the direct sale or auction format), and to manage sales procedures via the online platform operated by the Provider. The Provider is no party to the contracts made between the users of the online platform operated by the Provider. Instead, the fulfillment of the contracts concluded via the online platform is affected exclusively between the users, with one sole exception which is implicitly covered in all sections concerning the Provider’s escrow service.
The Provider also provides holding locations at which trading cards transacted may be deposited by a seller, for pickup by a buyer. The Provider explicitly names all such holding locations in the online platform as part of the transaction process for the user, and these are the only locations that are explicitly part of the service offered by the Provider. Liability for losses lies with the Provider, but the Provider reserves the right to choose the mode of compensation should any losses occur, which includes but is not limited to monetary compensation equal to the transacted amount as reflected in the records of the online platform, or the replacement of the trading card from the stores of the holding location.
The Provider additionally provides an escrow service to handle payments where users are unable or unwilling to transact with monies directly for any reason. This service is exclusively available only to transactions that involve drop-off at a holding location (detailed in the previous paragraph). A description of a typical transaction involving the escrow service may be as follows - The seller agrees to deposit a transacted trading card or cards at a holding location as they would in a regular transaction, but in advance of receiving payment. The holding location then confirms the receipt of the transacted lot and hails the buyer for collection. The buyer would then collect the card, and pay the monies owed to the holding location. The holding location then confirms the pickup of the lot, and the receipt of monies owed. The holding location, through the Provider, then pays the seller the monies owed from the buyer, and the transaction is completed.
The Provider additionally provides “transfer” services, which is an optional provision that may be requested by the user. This service allows for the facilitated movement of transacted lots between holding locations affiliated with the Provider, to allow for flexibility in buyer pickup. The user should note that the transfer is not initiated immediately upon drop-off, but the transfers instead follow a regular schedule. The transfer schedule is not privileged information and may be requested or referred to at any time. The user understands that due to the need for physical transfer of cards, a delay between deposit and collection should be expected when the transfer service is engaged and allow for a reasonable time for transfer in accordance with the transfer schedule. Various tools available to user and administrative staff are in place to ensure security and trackability of transacted lots and are mandatory for administrative staff so as to maintain the integrity of the service provided by the Provider.
A free registration is necessary in order to be able to use the online platform. Member's use of the online platform is only permitted under legal regulations and these general terms and conditions.
The Provider enables you to take over and to use data via an application programming interface (API) (see section #8 of these GTC).
Any items offered for sale on the platform must be genuine. The sale of counterfeits/fakes is strictly prohibited. Counterfeit items sold via the platform may be confiscated and destroyed by the Provider and their agents without compensation for evidentiary purposes. The same applies to the return of counterfeits by way of contract reversal. To this end, the Provider implicitly includes a counterfeit check for all transacted trading cards deposited at all holding locations. If a user believes that the Provider has evaluated the authenticity of a card wrongly, they have the right to request for a second opinion from the Provider and receive explanatory justifications for the conclusions of the Provider. However, you the user understand that false negatives and false positives, although rare, are not impossible, and agree to accept the inherent small risk in this process. MTGLocalTrade also expressly reserves the right to take further legal steps concerning the identification of counterfeits, in particular to file criminal complaints.
3. Registration
Usage of the Provider's online platform requires the registration of a user account. Account registration is free of charge.
During registration you state your name, address and e-mail address. Furthermore, you choose a username and password. Additionally, you have to confirm that you have read and accepted the GTC. The Provider then sends you an e-mail with an activation code in order to verify your e-mail address. With this e-mail the Provider offers you the conclusion of a user contract. You accept this offer by entering the activation code after your first login and the activation of your user account. The Provider reserves the right to refuse registration, or terminate an account any time after its creation, without giving reasons.
Your chosen password must be kept confidential. Particularly, you have to ensure that your login data do not come into the possession of any third party who could then use your user account. In case you lose your password or suspect that a third party is using your user profile, you are obliged to inform the Provider immediately. In order to protect your account from the unauthorized access of a third party, you should change your password regularly.
All natural persons can register as a user with no age restriction, although the user understands that there are inherent third-party age restrictions for some activities that may occur during normal usage of the online platform, such as and primarily credit card payments. Account registration for third parties without consent, as well as multiple accounts for a single user are expressly prohibited. The Provider reserves the right to demand that appropriate evidence be provided prior to account activation.
The Provider provides an alternative means of registration for the online platform called “Premium Seller”. Such an account registration is recommended for legal persons representing a business entity, especially one engaging in the buying and selling of trading cards. The representative of the business entity is obliged to provide at registration documents that prove the identity of the representative, as well as the identity of business entity (usually by, but not limited to, a certificate of a business registration number and/or licenses to commercially trade). The purpose of creating such an account over a regular user account is as follows – the Provider, through approving the creation of such accounts, validates their identity as a business entity and provides all approved Premium Seller accounts with a mark or label denoting this status. This label is intended to denote increased trustworthiness in the context of transacting in the trading card sphere, due to their position as known business entities. The Provider may also choose to provide Premium Seller accounts with additional functions and benefits as they see fit, over time as updates to the online platform are developed.
The data requested during registration is to be entered completely and correctly. Changes of personal data shall immediately be reported and/or corrected by the user in the profile settings. This particularly applies to the termination of business or freelance activities, as well as insolvency and company liquidation. User accounts are not transferable.
The Provider reserves the right to make the utilization of the service provided dependent on certain requirements, such as the verification of personal user data and the amount of positive and negative ratings or the payment of the agreed commission.
4. Right of cancellation
The law of the Czech Republic may provide cancellation and consumer protection rights for consumers entering into direct sales contracts and other regulated contracts. Accordingly, we have to inform you about these rights as follows:
Cancellation policy
A customer/consumer is any natural person who concludes a legal transaction. For the purposes of the services offered by this online platform, representatives of business entities with “Premium Seller” accounts are also considered customers/consumers, despite being implicitly involved in commercial activity.
Right of revocation
You may revoke the contractual obligation to complete the transaction of trading cards on the online platform at any time before the transacted trading cards are deposited at a holding location or sent by mail, without stating reasons. To do so, a desire to cancel must be expressed in text through the communication tools available on the online platform and using the cancellation function available on the online platform.
Consequences of cancellation
If you cancel a sales contract, payments made by you will be refunded through the payment gateway in use for the online platform, within 14 days at the latest with effect from the day the cancellation function on the online platform is used. However, a 5% charge will be retained by the Provider from this refund as compensation for transaction fees incurred through usage of the payment gateway.
In addition, for transactions that the Provider does not provide a holding location for i.e. transactions where the Provider’s role is merely the provision of the online platform as a sales platform and a payment gateway for the user, the Provider is not obligated to mediate in disputes between users, and any dispute that may arise from a desired cancellation will be handled by the disputing parties.
5. Service Fees
Account registration, listing trading cards, buying, bidding on auction formats and placing offers, are all free of charge. Depositing transacted cards at a holding location affiliated with the Provider is also free of charge.
If contracts are made via the online platform provided, the Provider charges the seller with a fee. The Provider's right to charge a fee is constituted by the conclusion of a contract between buyer and seller. The right to charge a fee applies regardless of further handling and performance of the contract between the users. In particular, the right to charge a fee does not depend on the payment of the remuneration negotiated between buyer and seller.
With regards to the aforementioned fee, the Provider takes a 10% commission on all transactions concluded on the platform as a service fee for the provision and maintenance of the online platform, the provision and maintenance of the payment gateway, the provision of manpower and expertise to facilitate the services provided, and all other activities that are implicitly required for operations of MTGLocalTrade. The Provider may also charge additional service fees for special delivery, transfer, or handling services within the Czech Republic, as disclosed on the platform at the relevant stage of the transaction. The Provider may also charge a small-order fee for very low-volume purchases, if disclosed on the platform before checkout.
The currency in use on the online platform is the Czech Koruna (CZK). For users outside the Czech Republic, the payment gateway available on the online platform may perform a conversion into the user's local currency and may charge a conversion fee according to its own fee policy. The Provider does not impose additional charges for this function, although the 10% service fee described above includes the provision and maintenance of this payment gateway.
6. Duration of Contract
The contract between you and the Provider is concluded for an indefinite duration. The contract may be terminated by you at any time by notifying the Provider through the provided contact methods on the online platform, or through the contact details in Section 1 of this GTC. Upon acknowledgement, the Provider will then terminate the contract. This will also be implicitly reflected by the removal of your associated account.
The Provider may terminate the contract at any time within a period of two weeks to the end of the month. The right to suspend user accounts shall remain unaffected by this.
The right to extraordinary termination of contract of both parties remains unaffected.
7. Contract conclusion between users
Placing offers on the platform operated by the Provider constitutes a legally binding offer for the conclusion of a contract.
If a buyer accepts such an offer by adding one or more items to their shopping cart and by confirming the purchase through the checkout function, a legally valid contract between seller and buyer is concluded. If a buyer is entitled to purchase an item through a winning bid on an auction format sale, said item will be added into their shopping cart, and once this occurs, a legally valid contract between seller and buyer is concluded.
The price of the purchase of a direct sale is to be paid immediately on checkout. This is facilitated by the payment gateway and failure to complete payment for any reason obligates the transacting parties to negotiate alternative payment terms if needed, until payment is completed.
The price of the purchase of an auction format win is to be paid within 3 days of the item’s addition into the auction winner’s shopping cart. The buyer is obligated to check out the cart so as to complete payment before the 3 day mark has elapsed. All further obligations after this point are identical to those in the previous paragraph.
The seller is obliged to shipment of the merchandise within 3 days after receiving payment as well as to apply the mode of shipment chosen by the buyer (this includes the option to deposit at a holding location). The buyer has the right to contact the Provider to request mediation for disputes arising from failure to ship. The Provider will then be empowered to negotiate transaction terms between buyer and seller and evaluate measures required to be taken on a case by case basis. This may include the enforcement of payment, or the nullification of the sales contract.
A user sets their own shipping fees according to their own expectation. This information is publicly available before the conclusion of the sales contract and may be used to influence the decision to conclude the sales contract. If a seller incurs additional shipping costs due to wrongful expectation, the buyer is not obligated to compensate the seller for the losses.
The comment section in the product information of any given product exists only for the exchange of accompanying information on the product itself or on the order as a whole. Information relevant to the contract (e.g. regarding the warranty or the conditions of the conclusion of the purchase contract) may not be provided in the comment field. Such information does not become part of the purchase contract between the seller and the buyer. All information in the comment field must be correct and should not contradict the product information. In the event of a contradiction between the product information and the information in the comments field, only the product information shall apply.
8. API use
In order to make the use of our online platform as comfortable as possible for our registered users, the Provider provides users with a permanent Access Token which enables you to access and partly to edit your own inventory data as well as publicly accessible data via an application programming interface (API). This involves, for example, details such as product information, available articles, placed orders and sales, shopping cart or want lists. The API may only be used for managing your own contents. The use of the API and the transfer and use of data for any other purpose is prohibited. Access via the API is an additional offer provided by us which is exclusively intended to facilitate the use of our online platform. We reserve the right in the future to discontinue to partially or completely put the API at your disposal or to exclude individual users from using it, for example when suspecting an improper use.
9. Extraordinary contract termination and suspension of the account
You and the Provider shall have the right to extraordinary contract termination in the event of good cause without notice at all times. An extraordinary contract termination is especially possible in case of major violations against these GTC, violations against the obligation to truthfully submit the required personal data or a violation of the ban on selling counterfeit items. Furthermore, an extraordinary termination by the provider for another important reason is possible in the following cases: the loss or suspected misuse of the access data by a third party, other uses of the access data or marketplace by the member that endanger or impair the marketplace or its functionality or integrity, a reasonable suspicion of fraudulent, offensive, or illegal behavior on the part of the member or if the legitimate interests of the provider make this action necessary. If you have not used your user account for a period of one year, the Provider is entitled to delete the user account permanently. The last log-in date is decisive for this. Any account credit that has not been withdrawn will be paid out to you.
In the event of violations of these GTC, the Provider may also temporarily block you or restrict your use as a mitigating measure, in particular to encourage you to comply with your obligations. A block may also be ordered during ongoing internal or external investigations, case reviews, or general ticket processing if the Provider deems this necessary to ensure the security or integrity of the platform. As a less severe measure, the Provider may suspend you temporarily in case of violations against these GTC, in order to urge you to meet your obligations. You will be informed of the suspension through one or more of the contact details you provided the online platform during account registration. In case of the suspension of the user account or a termination by the Provider for good cause, you are prohibited to re-register on the online platform in order to open a new user account without the prior express consent of the Provider.
As an even less severe measure the Provider is entitled to delete such offers violating legal regulations or these GTC. In choosing the measures, the Provider will consider your legitimate interests, and in particular, whether you were responsible for the violation.
10. Functional changes, transfer of contract
The Provider reserves the right to continually adapt, update, extend, restrict, or remove features of the online platform. In the event that such changes may be envisaged to meaningfully change how users interact with the platform, a full description of changes will be announced through either an email bulletin or a main page public article.
11. Amendments to the General Terms and Conditions
The Provider reserves the right to change these General Terms and Conditions at any time.
The changes and the new GTC will be sent to you through email bulletin or published as a main page public article. The new GTC shall be considered as agreed, if you do not object to its applicability within six weeks upon receiving the e-mail, or upon the publication date of the public article. The objection has to be entered in writing through the contact methods available on the online platform, or through the contact details in Section 1 of this GTC. In this objection, you may exercise your right to terminate the pre-existing contract. Upon acknowledgement, the Provider will then terminate the contract. This will also be implicitly reflected by the removal of your associated account.
12. Final Clause
The contractual relationship between you and the Provider as well as these terms of use shall be subject to the law of the Czech Republic.
Mandatory consumer protection regulations applicable in the country where you usually reside shall remain applicable to the extent required by law. At the time of publication of these terms, the platform is primarily intended for users in the Czech Republic.
If the user represents a business entity, the legal treatment of that user will depend on the applicable law and the factual nature of the relationship. Nothing in these terms is intended to override mandatory legal rules of the Czech Republic.