These terms and conditions (“Terms”) govern the User's (as defined below) use of www.collexy.com, Collexy (“Platform”), owned and operated by Juridas (“Provider”), a private limited liability company incorporated in Belgium registered with the Register for Legal Entities (Rechtspersonenregister) in Antwerp, division Antwerp under the number 0731.911.124 (VAT number: BE0731911124).
By using the Platform, the User agrees to comply with and is bound by these Terms.
Anyone with a registered account is considered to be a user (collectively referred to as “User”).
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 explicitly determines otherwise in writing. An exception is granted intuitu personae to the User. Such an exception cannot be transferred to other Users.
2. Services rendered by the Platform
The Platform is an online marketplace for transactions (listing, buying, selling and offering) of collectibles. The Platform has two main functions: allowing Users to (i) collect their collectibles and (ii) list, buy, sell and offer their collectibles to potential buyers.
The Platform and Provider are not a party to any contracts concluded between Users on the Platform. Completing any obligations under such contracts is solely and exclusively to be done by the Users that are party to the contract. Any disputes arising are resolved by the parties to the contract.
The Platform and any services rendered by the Platform are available to User that register. The eligibility of the User to make an account on the Platform is determined in line with any applicable laws, regulations and these Terms.
3. User registration
The registration on the Platform is free of charge.
The registration of the User on the Platform is subject to the acceptance of these Terms.
Accounts can only be registered by a (i) natural and legally competent person above 18 years of age; (ii) parent or legal guardian of a natural person under 18 years of age, or (iii) an authorized representative of a legal entity. It is prohibited to register (i) an account for a third party or (ii) multiple accounts.
Upon registration of an account, the User is required to provide accurate, current and complete information during the registration process. The User commits themselves to immediately correcting or updating their information on the Platform if any changes would occur. The User is solely responsible for all activities that occur with 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 (“Buyer Protection Provider”) and/or the third-party payment provider (“Payment Provider”).
The User is responsible for maintaining the confidentiality of their account credentials. The User agrees to not share their account credentials with third parties.
Once the User has registered an account, these Terms are deemed to have been accepted. The User will receive an automated e-mail containing their log-in credentials. The Provider can refuse registration without any motivation as to why the registration is refused.
The User cannot transfer or sell their account under any condition.
4. Code of conduct while using the Platform
The User agrees to use the Platform only for lawful purposes and in a manner consistent with all applicable laws and regulations.
The User agrees to not use the Platform to:
- - 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, …) that does not comply with the Belgian Penal Code or other laws and regulations that legally sanction the content.
The User commits themselves to creating a welcoming environment for all other Users without any exception. The User is 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 the User breaching these rules.
The User is prohibited from publicly sharing content shared on the Platform by another User, unless the other User has explicitly and in writing agreed to the content being shared publicly. The Provider may request to see such an explicit and in writing approval at any time. Any links to listings on external websites or anywhere other than on the Platform are prohibited. Any form of price manipulation, fake feedback or shill bidding are explicitly prohibited.
The User is responsible for the information stored in their account. The User accepts all liability for any payment due for orders placed by their account.
The User may not interfere with the operation of 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).
5. Content and Listings
A User 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. The Platform and the Provider provide the description, availability, shipping times or rates and database to the best of their ability and strive 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 filing (criminal) complaints.
The description section in a listing only exists to provide 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.
The User agrees that any content they 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 selling collectibles on the Platform is obliged to state the correct physical location of the collectibles. If the Selling User's failure to do so results in additional costs for the Buying User, then the Selling User is obliged to indemnify the Buying User for these additional costs.
If the Buying User wishes to return a collectible, the Selling User can agree to this or the Selling User can be obliged to do so by the Buyer Protection Provider. Only then the Buying User can return the item. If the Buying User returns the collectible, the package must be marked by the Buying User as “returned goods/returns”. Any cost that results from the failure of the Buying User to do this, may be deducted from the price to be returned by the Selling User.
6. Transactions between Users
A User can use the Platform to solely collect, without any obligation to transact.
The User can elect to transact via the Platform whereby the User issues or accepts offers with respect to collectibles or buys or sells collectibles.
When the User issues an offer on the Platform, this offer is legally binding. Until the acceptance of the offer, the User can withdraw the offer. However, upon acceptance of the offer, a contract comes into effect between the User issuing the offer and the User accepting the offer.
When the User offers a collectible on the Platform, this offer is legally binding. Until another User purchases the collectible, the User can remove the collectible from the Platform. However, upon purchase of the collectible, a contract comes into effect between the User selling the collectible and the User purchasing said collectible.
The conclusion of a contract (as mentioned above) 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 Buying User to the Selling User via the Payment Provider. The platform fee is charged irrespective of whether the contract is fulfilled at all, or to the User's satisfaction. This is not the case if either party to the contract can prove that the fact that the contract is not fulfilled at all or not to the satisfaction of the User, is because of the Platform. The right to charge a fee applies regardless of how the transactions are handled by the User.
The Buying User is obliged to pay the agreed amount within 7 days following the conclusion of the contract. The Selling User may cancel the order during this period. The Provider may cancel the order if the Buying User does not pay within 10 days following the conclusion of the contract.
The Selling User is obliged to ship the order within 7 days following the receival of the payment of the Buying User in line with the shipping method selected by the Buying User. The Buying User may cancel the order once the period of 7 days has elapsed. The Provider may cancel the order if the Selling User does not ship within 10 days following the receival of the payment.
The agreed upon prices of the collectibles are the final prices, including (if applicable) VAT but not including any other costs, fees and/or taxes like for example shipping costs and custom fees.
7. Transactions and payments
Neither the Platform nor the Provider is party to any of the transactions / contracts concluded between the User via the Platform.
The Buying User is obliged to pay for the items via the Payment Provider. Upon payment the Buying User may select whether or not to elect for customer protection from the Buyer Protection Provider. The Buyer Protection Provider charges a fee (“Buyer Protection Fee”) to the Buying User electing for the buyer protection.
Upon receival of the payment, the Platform Fee and the payment processing fee (“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 Selling User or transferred to the Selling User upon confirmation of receipt of the collectible by the Buying User.
The User agrees 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 Buying User may with each purchase elect for buyer protection from the Buyer Protection Provider. The Buying User pays the Buyer Protection Fee for this buyer protection, which is added to the final amount payable by the Buying User. In this event, the payment of the Buying User will not be released immediately to the Selling User. The Buying User will have to confirm receipt of the shipment and its contents after which the payment of the Buying User is released, after deduction of the Platform Fee and the Platform Processing Fee, to the Selling User.
The Buying User is not obligated to elect for the buyer protection and can elect to forego this opportunity. In this event, the payment of the Buying User will be released immediately, after deduction of the Platform Fee and the Payment Processing Fee, to the seller.
Irrespective of the choice of the Buying User, it is recommended to contact the Selling User directly to resolve any situation that requires buyer protection. If the situation cannot be resolved amicably, Buying Users that have paid the Buyer Protection Fee can escalate the situation to the Buyer Protection Provider.
The Provider solely provides the Platform and does resolve any disputes.
9. Rights of use for uploading contents
The User grants the Provider and Platform the transferable, single right to the contents published by the User on the Platform. This right is unlimited in time and place as required for operating the Platform. Specifically, the User grants the Provider the right to upload the contents to the Platform and to duplicate the contents under the sole discretion of the Provider. The User also grants the Provider all the rights to optimize and edit the content wherever deemed necessary by the Provider.
10. Submissions to the database
The User is encouraged to enrich the database of collectibles (“Database”) by submitting data and/or pictures of collectibles.
The Database is construed based on category (“Category”) and brand (“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 and parameters. The Database reflects data via Masters (overarching remunerator) and Versions (specific variations of that Master).
The User can submit his own pictures. Unless explicit mention otherwise by the User, these pictures are deemed to owned by the User. When uploading the pictures, the User confirms that these pictures are not pirated, stolen, or obtained illicitly. Any liability in this respect is the responsibility of the submitting User. The User warrants to the Provider that the User is entitled and able to grant the rights for the content provided and submitted by the User. The User warrants not to post content violating copyright, trademark right or other third party intellectual property rights. In the event of doubt, the User commits to find out whether the picture belongs to them and if not; the User commits to seek permission of the right-holder before submitting content.
Moreover, the User warrants 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 and/or illegal or has been declared inadmissible by the Provider or any other person.
11. 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 are protected by Belgian and international copyright laws. None of this material may be used without express written permission from the Provider. The Provider may refuse this permission without any justification.
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.
The User agrees not to crawl, scrap or spider the Platform without express written permission from the Provider.
The collection of the User's data serves to offer a User-friendly, efficient and secure internet service.
13. Termination of the User's account
The contract between the Users and the Platform is concluded for an indefinite duration.
The Platform reserves the right to terminate or suspend the User's access to the Platform at their discretion, without notice, if the Platform believes that the User has violated these Terms or any applicable law and regulations. The Terms will remain in full effect even after the User's account has been closed or the User 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 the User's account in order to detect actions or behaviors in conflict with the law, the Terms and/or other regulations,
- - to delete or edit any content uploaded or posted by Users, and
- - to report any suspicious, illegal or fraudulent activity to authorities and/or other third parties.
14. User liability
The User bears full responsibility for any granting of rights, contributions, contents of their User's profile and offers.
In case the Provider's services are employed via a third party, because the User has breached their obligations regarding the granting of rights, the User shall indemnify the Provider completely against any liability and costs, including potential procedural costs. The Provider will inform the User about the claim and give the User 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.
The User is responsible to the Provider and third parties for their 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's profile contents and/or offers, the User 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 the User's own risk.
The Platform and all information, content, materials, products and services are provided “as is”-basis and “'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 User expressly agrees that their use of the Platform is at their 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 the use of 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 User. 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 their best to avoid any downtime, outages or periods of low activity but cannot guarantee this cannot occur. The User understands 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 User agrees that the Provider will not be held liable for any personal, financial, data or competitive losses as a result of using the Platform.
The Provider is not liable for possible damages and/or misuses of personal data which may arise by the User's use of 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.
16. Changes to the Terms
The Provider reserves the right to changes these Terms at any time. The Terms will be made available on the Platform at all times. The continued use of the Platform by the User after such changes will constitute the acceptance of the revised Terms by the User.
17. 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, Belgium. The provisions of international private law do not apply.