Terms and Conditions

These Terms and Conditions (Terms) govern the use of the online marketplace “Binder” (hereinafter “Binder”, “we” or “platform”) for trading cards and accessories, in particular Pokémon TCG and One Piece TCG.

The platform is operated by Company name and legal form, Street and number, Postcode and city, Country. Further details are in the imprint.

These Terms apply to all users, i.e. buyers and sellers, whether they are consumers or businesses. Users' own terms only apply if we expressly agree to them.

Our platform rules also apply and form part of these Terms. How we handle your data is explained in the privacy policy.

Binder provides a technical platform on which sellers can offer items and buyers can purchase them. We are not the seller of the items offered and do not become a party to the purchase contract.

The purchase contract is concluded exclusively between buyer and seller. The seller alone is responsible for the description, condition, authenticity and shipping of the items.

Payments are processed by a licensed payment service provider (Payment service provider). Binder itself does not accept customer funds.

You need a user account to buy or sell. You must be at least 18 years old and have full legal capacity. If you act for a business, you must be authorised to represent it.

The information you provide when registering must be true and complete. If your details change, please update them in your account promptly.

Each person or business may only have one account unless we allow otherwise. Your account is not transferable.

Keep your login details secret. If you suspect that someone else has access to your account, please tell us immediately at Support email.

There is no right to registration. We may refuse a registration for objective reasons, for example if fraud is suspected or a previous account was suspended.

When selling, you must state whether you act privately or commercially. You act commercially in particular if you sell regularly with the intention of making a profit, for example as a dealer or shop. If in doubt, consult a tax or legal adviser.

Commercial sellers must provide their trader information before their first listing (Art. 30 Digital Services Act), in particular name, address, phone number, email address, commercial register entry and VAT ID where available. We check this information with reasonable effort and display the required details to buyers.

Commercial sellers are themselves responsible for complying with all obligations towards consumers, in particular information duties, the withdrawal notice, the statutory guarantee, their own imprint and their own terms.

Commercial sellers can apply to become a “verified store”. After successful identity and business verification, the store receives a check badge. The badge only confirms that we have verified the identity and the business. It is not a guarantee for individual listings. We may remove the badge if the requirements are no longer met or the store breaches these Terms.

We are legally required to collect sellers' tax information and to report sellers to the competent tax authority if they make at least 30 sales or at least €2,000 in revenue in a calendar year (DAC7; in Germany the Platform Tax Transparency Act). If you do not provide the requested information within the statutory deadlines, we must withhold payouts or restrict your seller account.

As a seller, you may only offer items that you own, can ship immediately and are allowed to sell.

Every listing must describe the item truthfully and completely, in particular the card or product, edition, language and condition. You state the condition of single cards using the scale used on the platform: Mint, Near Mint, Excellent, Good, Light Played, Played, Poor.

For raw (ungraded) single cards priced at €20 or more, you must upload a real photo of the exact card offered. Stock photos or photos of other copies are not allowed in that case.

For graded cards (e.g. PSA, CGC, BGS), you must provide the certificate number. Where possible, we check it automatically against the grading company's database. We may block listings with invalid or mismatched certificates.

You may only list sealed products as sealed if they are factory sealed.

The price per listing may not exceed €1,000,000. All prices are final prices in euros; shipping costs are shown separately.

If you import stock via CSV (for example from a Cardmarket export) or create listings via the seller API, you are just as responsible for the accuracy of the data as for listings created manually.

By uploading photos and texts, you grant us a simple, free right to use this content to operate and promote the platform for as long as the listing is online and until the related orders are completed. You confirm that you hold the necessary rights.

Publishing a listing is a binding offer by the seller to conclude a purchase contract. The purchase contract is concluded when the buyer completes the checkout with the “Order and pay” button.

Before submitting, you can review your order in the cart and correct input errors. After ordering, you receive a confirmation by email and in your account.

If the cart contains items from several sellers, a separate purchase contract is concluded with each seller.

The contract languages are German and English.

Buyers pay the purchase price including shipping using the payment methods offered on the platform. Payment is processed by Payment service provider, planned: Stripe Payments Europe, Ltd., Dublin, Ireland, whose terms also apply.

The payment service provider holds the amount until the order is completed (see section 10). It is released once the buyer confirms receipt, but no later than 3 days after delivery. Only then is it paid out to the seller.

As long as the order has not been shipped, the buyer can cancel it free of charge and receives a full refund.

By paying the payment service provider, the buyer has fulfilled their payment obligation towards the seller.

To receive payouts, sellers must sign up and complete verification with the payment service provider. The identity check (KYC) and the bank account check are carried out by the payment service provider itself. Payouts are not possible without completed verification.

Released amounts are transferred to the seller's bank account on file, weekly by default; the seller can switch to daily payouts. Payout schedule: weekly on Mondays, optionally daily – confirm

Payments outside the platform are not allowed. Buyer protection does not apply to such payments.

At launch, using Binder is free for buyers and sellers. There are no selling, buying or basic fees.

We reserve the right to introduce fees in the future. We will announce this at least 30 days in advance by email and on the platform. Fees never apply retroactively and only to sales or purchases after they take effect. You can close your account at any time before then.

The seller must ship the goods within 2 working days after payment and add the tracking number to the order.

Every parcel must be sent with tracking. Parcels with goods worth €25 or more must also be insured.

The seller packs the goods so that they are not damaged in transit; for single cards, for example, with a sleeve, toploader and sturdy envelope.

If the seller does not ship on time, the buyer can cancel the order and receives a full refund.

Shipping is possible within the European Union. The seller decides which countries they ship to.

Once the goods have arrived, the buyer confirms receipt by tapping “Received” in the order or scanning the code on the parcel.

If the buyer does nothing, the order is automatically confirmed 3 days after delivery according to the tracking.

After confirmation, the amount is released and transferred to the seller with the next payout (weekly by default, optionally daily, see section 7). How long it takes to reach the bank account depends on the payment service provider and the bank.

If a case is open for an order (section 11), the payout is paused until the case is closed.

If something is wrong, the buyer can open a case in the order, namely if:

• the item has not arrived
• an item is missing
• the goods are damaged
• the goods are not as described, for example regarding condition, language or suspected counterfeit

You must report “not as described”, “damaged” and “missing item” before confirming receipt, and at the latest within 3 days after delivery.

You can report “not arrived” if the tracking shows no delivery 10 days after dispatch (domestic) or 20 days after dispatch (cross-border).

The seller has 48 hours to respond to the case and propose a solution: full refund, partial refund or return for a refund.

If buyer and seller do not agree, either side can ask Binder to decide. We decide within 5 working days based on the tracking, photos and messages in the order. Both sides should provide all relevant evidence.

If the goods have not arrived or differ significantly from the description, the buyer receives a full refund of the purchase price including shipping (buyer protection). For returns, the seller bears the return shipping costs; the refund is made once the return has arrived at the seller.

Our decision only concerns the release or refund of the amount held by the payment service provider. Your statutory rights against your contractual partner and your right to go to court remain unaffected.

If you buy as a consumer from a commercial seller, you usually have a statutory right of withdrawal of 14 days. The commercial seller informs you of the details in their withdrawal notice. You declare the withdrawal to the seller; you can also use the order's message function for this.

The statutory guarantee also applies to commercial sellers. The seller is your point of contact for this.

There is no statutory right of withdrawal for purchases from private sellers. Private sellers may exclude the statutory guarantee to the extent permitted by law. However, the buyer protection under section 11 still applies.

After each order, the buyer can review the seller (item as described, packaging, shipping speed). Reviews must be honest and based on the actual order. Bought, swapped or self-written reviews are prohibited.

Each order has a message thread between buyer and seller. Use it for everything relating to the order. In a dispute, our support team may view the messages to resolve it.

Messages are automatically scanned for payment and contact details such as IBANs, PayPal addresses, phone numbers or email addresses so that we can warn against payments outside the platform.

Sellers can manage their listings and orders via an application programming interface (API) with API keys and webhooks.

API keys are personal and must be kept secret. Do not share them with third parties, except service providers acting on your behalf. You are responsible for all actions carried out with your key. If you suspect misuse, revoke the key in your account immediately.

We may limit use of the API (for example through rate limits) and block keys if the API is misused or used in a way that impairs the operation of the platform.

Anyone can report illegal content or breaches of these Terms to us via the report button on the listing or by email to Support email (Art. 16 DSA). We confirm receipt, review the report in a timely, diligent and objective manner and inform you of the outcome.

Depending on severity and repetition, we may take the following measures in case of breaches: warning, removal of listings, temporary restriction of features, temporary suspension of the account or permanent ban. There is zero tolerance for counterfeits.

In doing so, we take into account the legitimate interests of everyone involved, in particular whether a breach was culpable, how serious it is and whether it is repeated.

We inform you of every measure with a statement of reasons (Art. 17 DSA). You can lodge a complaint free of charge via our internal complaint-handling system within six months (Art. 20 DSA). Complaints are not decided solely by automated means. You can also turn to a certified out-of-court dispute settlement body under Art. 21 DSA or go to court.

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of any guarantee we have given.

In the event of a slightly negligent breach of an essential contractual obligation, we are only liable for the typical, foreseeable damage. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely. Otherwise, our liability for slight negligence is excluded.

As we are not a party to the purchase contracts, we are not liable for their performance, in particular not for the condition, authenticity or delivery of the goods. The buyer protection under section 11 remains unaffected.

We strive to keep the platform available with as little interruption as possible but cannot guarantee this, for example during maintenance or disruptions beyond our control.

The user agreement runs for an indefinite period. You can terminate it at any time without giving reasons by deleting your account or writing to us.

We can terminate the user agreement with 30 days' notice. The right to terminate without notice for good cause, for example in case of serious or repeated breaches, remains unaffected. Towards business users, we comply with the requirements of the P2B Regulation (EU) 2019/1150.

Open orders will still be properly completed after termination.

We may change these Terms if there is an objective reason, for example new features, changes in the law or case law, or the introduction of fees.

We will inform you of changes at least 30 days before they take effect by email and on the platform. Material changes only take effect if you agree to them. If you do not agree, either side can terminate the user agreement as of the date the changes take effect.

The law of Governing law / place of jurisdiction applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law only applies insofar as it does not deprive you of the protection of mandatory provisions of the country in which you have your habitual residence.

If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Governing law / place of jurisdiction.

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board. confirm

Should any provision of these Terms be invalid, the remainder of the contract remains valid.