Terms of Service

Effective date: November 11, 2025

These Terms of Service (“Terms”) govern your access to and use of the websites, applications, and services operated by GemTCG, LLC d/b/a “CollectBuySell” (“CollectBuySell”, “GemTCG”, “we”, “us”, or “our”). By creating an account or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

Marketplace Role. CollectBuySell is a two-sided marketplace that connects independent sellers with buyers of trading card collections and related bulk. We are not a party to the contract of sale between buyers and sellers, do not take title to goods, and do not guarantee listings, counterparties, payments, or shipments.

1) Key Definitions

• Service: the CollectBuySell marketplace, sites, apps, features, and related services operated by GemTCG, LLC under the CollectBuySell trade name.
• Buyer: a person or entity purchasing products on the Service.
• Seller: a person or entity listing and selling products on the Service.
• Products: trading cards and related items (including bulk).
• Offer to Purchase / Rates: buyer-provided pricing and accepted quantities for Products.
• Contract of Sale: a binding agreement between a Buyer and a Seller regarding Products and price.
• Payment Service Account: an account with a third-party processor (e.g., Stripe) used for payments/payouts.

2) Eligibility & Accounts

• You must have legal capacity to contract. If you are under the age of majority in your jurisdiction, you may use the Service only with the informed consent and ongoing supervision of a parent or legal guardian who accepts these Terms on your behalf.
• Provide accurate, current information and keep it updated. You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately of unauthorized use.
• We may require identity verification, business authorization proofs, and compliance checks (e.g., KYC/AML/sanctions). We may approve/deny or suspend accounts in our sole discretion to protect the marketplace.

3) Listings, Offers & Transactions

• Seller responsibilities. Sellers warrant they own and can transfer good title; descriptions/conditions are accurate; packaging is secure; and all laws (including export/import) are observed. Unless required by law, Sellers may not be obligated to provide commercial warranties.
• Buyer responsibilities. Buyers ensure payment instruments are valid and funded; respect quantity limits/budgets; and comply with law. Buyers’ publicly posted rates are binding once a Seller accepts based on those rates.
• Binding contract. A Contract of Sale forms when a Seller accepts a Buyer’s active rates/offer. CollectBuySell/GemTCG is not a party to that contract.
• Shipping & status. Seller must ship timely and provide tracking. Typical statuses include Pending → In Transit → Complete (or Adjusted/Cancelled as applicable).
• Adjustments & discrepancies. Within the inspection window (e.g., up to 14 days after delivery), a Buyer may request adjustments for discrepancies supported by clear evidence (e.g., photos). If the parties cannot agree, we may, in our discretion, review evidence and suggest a resolution to protect marketplace integrity; however, any final payment adjustment remains between Buyer and Seller.
• Respecting limits. Sellers must not circumvent a Buyer’s quantity/budget limits (e.g., via multiple simultaneous submissions or duplicate tracking numbers). Violations may lead to rejection, returns at Seller’s cost, and account actions.

4) Payments, Payouts & Fees

• Processor. Payments and payouts are facilitated by third-party providers (e.g., Stripe). You authorize us and our processor(s) to charge your selected payment method, collect/hold funds as needed, and disburse payouts to eligible Sellers. We may withhold or delay funds for fraud checks, chargebacks, sanctions/AML requirements, or legal process.
• Service fees. Seller transactions are subject to a service fee (e.g., 5% unless otherwise displayed at submission). Fees are shown during submission and deducted from payout. Card networks or your bank may charge additional fees outside of our control.
• Taxes. You are responsible for all taxes arising from your activity. We may collect/withhold taxes where required by law.
• Refunds/chargebacks. Processors and banks may decline, reverse, or hold transactions. You agree to cooperate in resolving disputes, chargebacks, and compliance reviews.

5) Prohibited Off-Platform Transactions & Messaging Safety

• No off-platform deals. Sharing contact info (emails, phone numbers, social handles) or attempting to conclude transactions off the Service to avoid fees is prohibited. Violations may result in suspension or termination.
• Monitoring. To protect users and the platform, we use automated systems and limited, role-based human review of communications and attachments to detect fraud, abuse, illegal content, and off-platform solicitation. Do not include sensitive personal information in messages.

6) Insurance (Optional)

If offered, optional shipping insurance (e.g., 3.5% fee) may cover a capped amount only for lost packages confirmed by the carrier. Claims require required evidence (e.g., shipping video, carrier confirmation). Abuse may result in removal and legal action. Insurance does not cover product condition disputes, Seller default, or damage excluded by the policy. Coverage is limited to stated caps.

7) Intellectual Property

• The Service, including all content, software, trademarks, and logos, is owned by GemTCG, LLC (operating as CollectBuySell) or its licensors and protected by law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms.
• You may not copy, modify, distribute, reverse engineer, or create derivative works without our prior written consent.
• By submitting content (e.g., listings, images, messages), you grant us a worldwide, royalty-free, sublicensable license to use, host, reproduce, modify, display, and distribute such content solely to operate, promote, and improve the Service.

8) Acceptable Use

You agree not to: violate law or third-party rights; post false/misleading/infringing/harmful content; interfere with or damage the Service (malware, scraping, DDoS, reverse engineering); circumvent limits/fees/enforcement; harvest data; or attempt unauthorized access.

9) Disclaimers; No Warranty; Marketplace Role

• AS IS / AS AVAILABLE. The Service is provided on an “as is” and “as available” basis without warranties of any kind. To the maximum extent permitted by law, we disclaim all warranties, express or implied (including merchantability, fitness for a particular purpose, non-infringement, and accuracy).
• No control over counterparties. We do not control or guarantee Sellers’ listings, title, condition, or shipment; or Buyers’ willingness/ability to pay. Shipping delays and carrier handling are outside our control. You assume all risks of dealing with counterparties.

10) Limitation of Liability

To the maximum extent permitted by law, GemTCG, LLC d/b/a CollectBuySell, and its affiliates, officers, employees, and agents shall not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages; loss of profits, revenue, data, or business opportunities; or damages related to connectivity, network issues, or third-party services.
Where liability cannot be excluded, our total aggregate liability for any claim arising out of or relating to the Service is limited to the total service fees paid by you to us for transactions that gave rise to the claim during the twelve (12) months preceding the event giving rise to liability.

11) Indemnification

You agree to defend, indemnify, and hold harmless GemTCG, LLC (CollectBuySell) and its affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your breach of these Terms or violation of law; (c) your content, listings, or Products; or (d) your transactions with other users.

12) Force Majeure

We are not liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, utility failures, or internet service disruptions.

13) Termination; Suspension

We may, in our sole discretion, suspend or terminate your account, remove listings, or restrict access to the Service at any time, including for suspected violations, fraud risk, or to protect marketplace integrity. You may stop using the Service at any time. Sections that by their nature should survive (e.g., IP, fees due, disclaimers, limitations, indemnity, dispute resolution) survive termination.

14) Changes to These Terms

We may update these Terms from time to time. We will post updated Terms with a new “Effective date” and, where required, provide additional notice (e.g., email). Changes addressing new features or legal requirements may be effective immediately. If you continue to use the Service after changes become effective, you accept the updated Terms.

15) Dispute Resolution; Governing Law; Arbitration

Governing law. For business (non-consumer) users, these Terms and any dispute are governed by the laws of the State of Michigan, USA, without regard to conflicts of law. We may seek injunctive relief in any competent court.

Binding arbitration & class-action waiver (US users).
Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Rules. You and GemTCG/CollectBuySell waive the right to a jury trial and to participate in a class action, and may bring claims only in your individual capacity. The arbitration will be held in Wayne County, Michigan (or by videoconference, at the arbitrator’s discretion). The arbitrator may award individual relief only. If this class-action waiver is found unenforceable, the entire arbitration provision is void and disputes will be heard in court in Wayne County, Michigan.

Consumer users in other regions. If you are a consumer resident in a jurisdiction granting mandatory rights that cannot be waived (e.g., EEA/UK), then local consumer law governs and you may bring claims in your local courts as required by law.

16) General

• No agency. These Terms do not create any agency, partnership, or joint venture.
• Severability. If any provision is held invalid or unenforceable, the remainder will remain in effect and the invalid provision will be enforced to the maximum extent permitted.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Entire agreement. These Terms and referenced policies are the entire agreement between you and GemTCG, LLC d/b/a CollectBuySell regarding the Service.
• Headings. Headings are for convenience only.
• Trade name notice. “CollectBuySell” is a trade name of GemTCG, LLC.

17) Contact

Questions about these Terms? Email contact@gemtcg.com.

Last updated: November 11, 2025