General Terms and Conditions

§1 Scope of application

These General Terms and Conditions (GTC) govern the use of the Internet marketplace ---www.card-arena.com--- (Card-Arena) between the operator and users and apply to all offers and services on Card-Arena.
Operator and thus contractual partner of the users of Card-Arena is Card-Arena GmbH, Bischof-Kettler-Straße 42, 63165 Mühlheim am Main, represented by the managing director Valentino Sole.
Users of Card-Arena can be both natural persons (consumers) and legal entities (entrepreneurs). According to these GTC, a consumer is a natural person who concludes legal transactions for purposes that cannot be attributed to their commercial or independent professional activity (§ 13 BGB). According to these GTC, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (14 BGB).
Conditions deviating from these GTC are not valid unless Card-Arena expressly agrees to them.

§2 Service description

Card-Arena is an internet marketplace on which users as third-party providers are permitted to offer for sale both used and new, non-playable, sports- and trading cards (individually or in bundles, e.g. booster packs, displays, sets) together with accessories (sleeves, folders, etc.).
Even if Card-Arena enables transactions on the internet marketplace, Card-Arena is neither buyer nor seller, but merely offers users the opportunity to conclude legal transactions and actions similar to legal transactions concerning articles from the above paragraph 1 and also to process payments via this.

§3 Card-Arena Account and Trading Chips

The use of Card-Arena requires registration as a user. Registration is free of charge and takes place by logging in to Card-Arena and opening a Card-Arena account, accepting the GTC, acknowledging the privacy policy and confirming receipt of the revocation policy (for consumers).
Upon registration, a contract is concluded between Card-Arena and users for the use of Card-Arena's services (user contract). There is no entitlement to the conclusion of a contract of use.
Registration and purchase/sale is only permitted for legal entities, partnerships and natural persons with unlimited legal capacity. Minors (under 18) may only register with Card-Arena and use the Card-Arena services under the supervision and with the assistance of a parent or legal guardian. The Card-Arena account is non-transferable.
The data requested during registration must be complete and correct. Any changes to the data provided must be corrected immediately by the user in the account settings. No P.O. Box may be given as an address. Users who use Card-Arena in the exercise of their commercial or self-employed professional activity are obliged to open a commercial Card-Arena account and to add the legally required information to their registration data. If a user converts his private account into a commercial account, the regulations for commercial users contained in these GTC (proof of sending commercial registration) shall apply to him from the time of the conversion.
Payment with real money is excluded on Card-Arena. The Card-Arena user account therefore offers the possibility to purchase so-called Trading Chips (TC), which can only be used to purchase articles on Card-Arena. For this purpose, a valid bank account number (IBAN; BIC/SWIFT) must first be entered and verified, a process that usually takes no longer than 24 hours. The user account can then be topped up in such a way that users can purchase TCs by paying a corresponding amount of money. Only EUR is accepted as currency. TCs are purchased using the payment methods accepted by Card-Arena (PayPal, bank transfer or credit card). For every 1 EUR, an amount of 1 TC will be credited to the user account. In the event that users pay in a different currency, the current conversion rate to EUR shall always apply.

§4 Duration of the contract

The contract between users and Card-Arena (contract of use) is concluded for an indefinite period.
Users can terminate the contract at any time. This is done by closing the Card-Arena account and deregistration from Card-Arena. As a result, users can no longer use the services of Card-Arena, in particular no longer buy or sell with Card-Arena, and they also lose their ratings and transaction overviews.
Before closing/deregistration, the following must be given on the user side:

There are currently no bids on one or more items, or exchanges.
There are no open transactions (e.g. outstanding payments, returns not yet completed, disputes regarding payment and/or receipt of goods).

If there is a credit balance (TC) on the user account, the amount will be credited to the bank account marked at the time of application/registration in conversion 1 TC = 1 EUR.
The user account and all personal data that Card-Arena is legally obliged to delete will then be deleted.
Card-Arena may terminate the user contract at any time with 14 days notice to the end of the month. The right to block and the right to extraordinary termination for good cause remain unaffected by this.

§5 Cancellation policy

If you use Card-Arena as a consumer (see above § 1 para. 3), we will inform you below about your right of withdrawal.

Right of revocation
You have the right to withdraw from the contract of use within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. To exercise the right of withdrawal, you must inform us (Card-Arena GmbH, Bischof-Kettler-Straße 42, 63165 Mühlheim am Main, E-Mail: ---info[at]Card-Arena.com---) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the sample withdrawal form below, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of the revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. If you have requested that the services should commence during the withdrawal period, but these have not yet been fully provided, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you informed us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
Exclusion of the right of withdrawal
The right of withdrawal does not exist or expires if:
1. you have acted in the exercise of your commercial or independent professional activity when concluding the legal transaction and are therefore to be regarded as an entrepreneur (14 BGB) (cf. § 1 para. 3 above);
2. in the case of services, if we have already provided these in full and you have expressly agreed when concluding the contract that we may begin to perform the services before the end of the withdrawal period and you lose your right of withdrawal upon complete fulfillment of the contract.

§6 Conclusion of contract between users

The posting of offers by users (sellers) on Card-Arena constitutes a legally binding offer to conclude a purchase contract. The respective item price is to be understood as the final price, including any applicable taxes. Shipping costs and fees (---see fee table---) are not included in the price.
Which items may be offered will be checked by Card-Arena prior to sale. Only items approved by Card-Arena can be listed and traded. In the event of collisions, the user will be notified accordingly when the offer is created
Every user can post as many items as they wish via Card-Arena. However, users should note that Card-Arena is obliged under the current version of the Platform Tax Transparency Act (PStTG) to report every transaction - including private sales - to the tax authorities.
Another user (buyer) accepts the offer to conclude a contract by adding the item to his shopping cart and then completing the purchase by clicking the 'Buy now' button. If a user adds offered items to his shopping cart, this shows him whether the account has sufficient TC to complete the purchase transaction (including any applicable taxes and shipping). The purchase can only be made, i.e. the purchase contract concluded, if there are sufficient funds. If one or more items have been added to the shopping basket, they will be automatically removed after 30 minutes if no further interaction takes place by then.
Before completing the purchase process, the buyer must also select a shipping option specified by the seller. The shipping options in question are determined in advance by Card-Arena and offered to the user for selection when the offer is created.
The purchase price is due immediately and is automatically deducted from the buyer's user account via the system after conclusion of the contract, including any fees, taxes and shipping, and credited to the seller's user account excluding fees. In the case of shipment with shipment tracking, the purchase price is then frozen for the duration of the delivery and only credited to the seller's account when the buyer reports completion. Fees will be credited to Card-Arena's account immediately after the close of the sale.

§7 Paid additional services

Card-Arena offers users the option of selecting additional services (e.g. Ad-Pro, top placements) for a fee when creating an offer. The use of the additional services provided is based on the scope of services applicable to the selected product and the associated prices.

§8 Fees and conversion

The posting of offers for sale is free of charge.
If a purchase contract is concluded between two users (buyer and seller) via Card-Arena, Card-Arena charges a fee of 5% of the sales price achieved (excluding shipping) from the seller, which is retained directly. Card-Arena's claim to remuneration arises upon conclusion of the purchase agreement between buyer and seller. The claim to remuneration also exists if the contract between the users is not executed or not executed to the satisfaction of the users, unless Card-Arena is responsible for this. The claim to remuneration is independent of the further processing and execution of the order by the users. In particular, Card-Arena's claim to remuneration is not dependent on payment of the remuneration agreed between the buyer and seller.
Card-Arena reserves the right to change fees at any time. Users will be notified of changes 14 days to the end of the month before they come into effect.

§9 Rights of use for the posting of content

Users grant the operator a simple, transferable, spatially and temporally unlimited right of use to the content posted by them on Card-Arena to the extent required.
In particular, the operator is granted the right to post the relevant content on Card-Arena and to make the necessary reproductions of the content (e.g. storage on servers). In addition, the operator is granted the right to edit the content in order to present it better on Card-Arena. This editing may include, for example, shortening or editing texts, producing excerpts from posted images or converting images into thumbnails. The operator also has the right to reproduce the content in the best possible quality via different end devices and different networks (public and private), to make it publicly accessible and to reproduce it publicly, whereby the right to make it publicly accessible also includes in particular the transmission of the content to fixed or mobile end devices (e.g. mobile telephones) of other users. In particular, the right of public reproduction also includes the right to reproduce content on Card-Arena by streaming.
By posting content on Card-Arena, the respective user also allows other users to use this content to a certain extent. For example, posted texts may be read and any images viewed. This inevitably entails storage of the content in question in the memory of the other user's terminal device.
Users warrant to the operator that they are authorized and able to grant the rights to the content posted to the extent specified above. In particular, they guarantee that they will not post any content that infringes copyrights, trademark rights or other intellectual property rights of third parties or that is anti-competitive.

§10 Liability of users

Users are solely responsible for all rights of use, contributions, comments, offers as well as contents and settings of the user account, also with regard to the correctness of the content.
If claims are asserted against the operator by third parties with regard to an infringement of rights, the user responsible for this is obliged to indemnify the operator from any liability and to hold it fully harmless from any costs - including any legal action. The operator will inform the respective user of this immediately and thus enable the user to defend against the claim.

§11 Liability of Card-Arena

Card-Arena shall be liable without limitation insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by Card-Arena, a legal representative or vicarious agent.
Furthermore, Card-Arena is liable for a slightly negligent breach of material contractual obligations. Material contractual obligations are those whose breach jeopardizes the achievement of the purpose of the contract or whose fulfillment is essential for the proper execution of the contract and on whose compliance users may regularly rely. In this case, however, Card-Arena is only liable for foreseeable damage typical of the contract. Card-Arena is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee or quality agreement and in the event of fraudulently concealed defects. Liability under the German Product Liability Act (ProdHaftG) remains unaffected.
Despite our best efforts, it cannot be guaranteed that Card-Arena will be available at all times and without interruption due to the nature and characteristics of the Internet. Users must therefore expect that access to Card-Arena will occasionally be interrupted or restricted, e.g. in order to carry out repairs, maintenance or the introduction of new functions.

§12 Illegal content

Users undertake vis-à-vis the operator not to post any illegal content on Card-Arena. It is prohibited to offer, provide access to or advertise content (e.g. photos, videos, texts, graphics, logos and animations) that violates the provisions of the German Criminal Code (StGB), the German Narcotics Act (BtMG), the German Medicines Act (AMG), the German Weapons Act (WaffG) or the German Protection of Young Persons Act (JuSchG). The same applies to content that
1. are offensive or defamatory, irrespective of who this content concerns;
2. is pornographic, glorifies violence, is abusive, political or immoral;
3. are protected by copyright, trademark, patent, design or utility model law without the user's authorization; or
4. serve to carry out or promote anti-competitive activities, including progressive customer advertising (such as chain-, snowball- or pyramid schemes).
Users are further prohibited from distributing or publicly reproducing content from Card-Arena or from other users, unless such distribution and public reproduction is intended as part of the use of Card-Arena or the other user has expressly consented to the distribution and public reproduction.
Users are also prohibited from placing hyperlinks in offers. The operator reserves the right to delete links immediately. It is also forbidden to post fictitious offers that serve only to advertise services outside Card-Arena or to obtain ratings. It is also prohibited to use post-contractual communication by e-mail, which serves to process contracts concluded on Card-Arena, for the purpose of advertising one's own or third-party commercial services or goods.
If users are of the opinion that their intellectual property rights have been infringed, that there are problems with an article/content (e.g. suspected illegal content), or that there is a suspicion of any other legal infringement, a report can be sent to info[at]Card-Arena.com. Card-Arena may then take certain measures. Card-Arena may then take certain measures (e.g. removal of information or articles and termination without notice in the event of repeated legal violations). Any such action will be taken without any admission of liability and without prejudice to any rights, remedies or defenses, all of which are reserved. In particular, we reserve the right to forward the complaint to those users who are accused of the infringement so that they are aware of it and can comment on it if necessary.

§13 Ratings

Users can rate each other publicly after a transaction has been completed. Buyers can also rate individual aspects of a seller's performance via the detailed seller ratings. The ratings are not checked by Card-Arena and may therefore be inaccurate or misleading.
Only transactions that have actually taken place between users can be rated, whereby the following 3 points can be rated and a short free text can be left:
1. Dispatch
2. User
3. Product
Users are obliged to provide only truthful information in the reviews submitted. The ratings submitted by users must comply with applicable law and in particular must not contain any defamatory criticism.
Any improper use of the rating system is prohibited. In particular, it is prohibited to
1. submitting reviews about yourself or having them submitted by third parties;
2. to include circumstances in ratings that are not related to the processing of the transaction in question;
3. to use reviews for any purpose other than the use of Card Arena services; or
4. to force other users to act, tolerate or refrain from acting by threatening to submit or not submit a rating.
Card-Arena reserves the right to remove reviews that contravene the above provisions and to terminate the user contract with the respective user without notice for good cause in the event of repeated violations.

§14 Extraordinary termination and blocking

Both parties have the right to terminate the contract of use extraordinarily at any time without notice for good cause. Extraordinary termination by the operator is possible in particular in the event of breaches of these GTC, breaches of the obligation to provide the required personal data truthfully, the posting of unauthorized content or the (attempted) sale of counterfeit items. Furthermore, extraordinary termination by the operator for other good cause may be considered in the following cases in particular: in the event of loss or suspected misuse of the access data by a third party, in the event of other use of the access data or the marketplace by the user that endangers or impairs the marketplace or its functionality or integrity, in the event of justified suspicion of fraudulent, offensive or unlawful behavior on the part of the user or if the legitimate interests of the operator make this necessary. If users have not used their Card Arena account for a period of one year, the operator is entitled to permanently delete the user account. The last log-in date is decisive for this. Any TCs in the user account at the time of deletion will be paid out to the user in accordance with § 4
As a milder measure in the event of violations of these GTC, the operator may also temporarily block users or restrict their use. Blocking may also be ordered during ongoing internal or external investigations, case reviews or general suspicious activity reports if the Operator deems this necessary to ensure the security or integrity of the Platform. The user concerned will be notified of any blocking in text form. In the event that the user account is blocked or terminated by the operator for good cause, the user is prohibited from re-registering with the online platform and opening a new user account until the operator has given its express prior consent. In addition, the operator may delete such offers that violate statutory provisions or these GTC. When selecting the measure, the operator shall take into account the legitimate interests of the user, in particular the fact whether fault on the part of the user can be ascertained.

§15 Copyright notice

The entire content provided by the operator on Card-Arena (e.g. texts, images, graphics, logos, animations, icons, buttons, audio clips, digital downloads) is protected by copyright. Unauthorized copying and publication thereof (even in part) will be prosecuted in accordance with § 97 UrhG.

§16 Change of function, transfer of contract

he Operator reserves the right to continuously edit, update, expand, restrict or discontinue individual functions of Card-Arena.
Furthermore, the operator is entitled to transfer its rights and obligations arising from this contractual relationship in whole or in part to a third party with a notice period of four weeks. In this case, users are entitled to terminate the contract of use without notice after notification of the transfer of the contract by means of a special right of termination.

§17 Privacy Policy

All personal user data collected and stored by Card-Arena is used exclusively for the purpose of contract processing, as well as for informational and promotional purposes. We reserve the right to share your email address with third-party providers, who may use it for marketing campaigns. Excluded from this are legally required or government-ordered actions. For more information on data protection, please refer to our privacy policy.
Users have the right to free information, correction, blocking or deletion of the stored data at any time.

§18 Final provisions

These GTC are subject to change by the operator at any time. Users will be notified of changes and new GTC by e-mail. New GTC shall be deemed to have been agreed if users do not object to their validity within four weeks of receipt of the e-mail. The objection must be in text form. The operator will inform users separately in the e-mail about the possibility of objection, the deadline, the form and the consequences of any inaction.
he contractual relationship between users and Card-Arena shall be governed by the law of the Federal Republic of Germany. Mandatory consumer protection regulations of the country in which the user has his habitual residence shall remain in force insofar as they offer the user more extensive protection than german law. The application of the UN Convention on Contracts for the International Sale of Goods (CSIG) is excluded.
Mühlheim am Main, Germany is agreed as the exclusive place of jurisdiction for all disputes arising from the contract of use, provided that the users are merchants, legal entities under public law or special funds under public law.
Should individual provisions of this contract be or become invalid or void in whole or in part, this shall not affect the validity of the remainder of the contract.

Mühlheim am Main, 15th May 2024