General Terms and Conditions of Use
Stand: 01.07.2019
§ 1 Introduction and Scope
IntroductionWelcome to the internet Website MTGStand.com.Your use of this Website is subject to these General Terms and Conditions of Website Use in their respectively valid setting. | |
The Provider of this Website is:Pascal SchubertRicheystraße 23, 22309 Hamburg, Germany Tel. +49 (0) 15202447109 info@mtgstand.com | |
Scope | |
| 1.1 | The provider of this internet appearance provides free use of the website that is designed for the exchange of trading cards that belong to the Trading Card Game “Magic the Gathering”. |
| 1.2 | The provider establishes a first contact between potential partners of the exchange (exchange partner 1 referred to as “the offering party” and exchange partner 2 – referred to as “the interested party”). |
| 1.3 | Once a request fulfils to the matching criteria, the website automatically transmit the names of the requested cards and contact data to the parties involved. |
| 1.4 | No direct contractual relations between the provider of internet representation and the users of the website shall arise from a successful exchange. Such direct relationship also may not be constructed under any conditions whatsoever. Thus, the provider doesn't become a contracting party of the exchange or sale of Trading Cards. Contracts will be entered into exclusively between the users of the exchanges or agreements. |
| 1.5 | Thus, under no condition whatsoever, the provider doesn't become a contracting party of the contracts entered into after a successful establishment of a first contact. Such contracts will exclusively be closed between the users of the exchanges or agreements, be that exchange contracts, purchases or other. |
| 1.6 | The provider doesn't make any binding offers, doesn't initiate any search enquiries and is not accepting offers. |
§ 2 Content
| 2.1 | This website is designed as an internet market place where game trading cards are offered in order to initiate a trade or exchange. |
| 2.2 | The "purchase" as such and/ or payments will not be executed on this internet page, but consequently in direct contacts between the users. |
| 2.3 | The "interested party" will receive the necessary contact details such as address, e-mail, telefone number of the other party according to instructions by the party involved by automatic email. |
| 2.4 | A user as the potential partner of the exchange (“interested party”) can make exchange or purchase enquiries for collection cards - for example “Magic the Gathering” by moving cards of a potential other exchange partner (“offering party”) from a special internet exchange page (that is called the “MTG Market Stand”) on this website that displays available cards into the "exchange bag". |
| 2.5 | Also, by using the search function, the users can search for particular cards and move them to the “exchange bag". |
| 2.6 | The transfer of collection cards into the "exchange bag" as such will not trigger any binding obligations between the users, but simply will initiate the exchange of information. |
| 2.7 | Moreover, all cards for which the interested party has an interest to purchase and which have been put in the "exchange bag" are listed in this e-mail. |
| 2.8 | No particular binding obligation will be resulting from by accepting an "exchange order" or by means of an exchange contract, will be executed directly. |
| 2.9 | The legally binding exchange of the trading cards, or the purchase itself will be carried out between the users in private. | 2.10 | On this website, there will be no payments of any kind. | 2.11 | It is up to the discretion of the interested parties, to consequently contact and further negotiate or carry out details in private, for example by using the Messenger system and finally to agree on the exchange conditions and/ or an amount to be paid. |
§ 3 Special Features
| 3.1 | The Use of the website requires the registration of a user account. The account registration is free of charge. |
| 3.2 | The standard registration for users is foreseen on this website via password-protected login access and by e-mail. |
| 3.3 | There will be also functions to register via Facebook, Instagram or Twitter. |
| 3.4 | A registration requires a minimum age of the user of 18 years. |
| 3.5 | Changes of personal data should be adjusted as soon as possible and be corrected in the profile settings. |
| Exchange Bag | The exchange bag allows to establish contacts between users that are interested in purchasing or exchanging special game cards as further described above. |
| Collection Manager | The "Collection Manager" is to adminster the own "Magic the Gathering"-Cards. The Collection Manager contains a function to put a card to status "for sale" which doesn't constitute a legally binding offer for a sales or an exchange contract, but rather entables to offer the corresponding cards visibly for everybody at the own MTG Stand to initiate contacts for a trade. |
| MTG Stands |
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§ 4 Fees and Costs
| 4.1 | The use of the website is free for users as well as for registered users. |
| 4.2 | There is no registration fee. There also ist not a fee for a successful trade or for an exchange of cards. |
| 4.3 | If you enjoy our Website and find it helpful, please consider supporting this project on a voluntary basis. We are listed in a cooperation with Patreon at https://patreon.com/MTGstand.com. |
§ 5 Disclaimer and Liability
Provider’s Liability | |
| 5.1 | The Provider is liable under statutory provision. For free services the liability is restricted to the due diligence of one’s own. |
| 5.2 | As far as the provider renders free services, he is only liable for care in matters of his own, except for cases of gross negligence. § 277 BGB (German Civil Code) is applicable. |
Exceptions of liability | |
| 5.3 | If your damages result from the loss of data, the Provider is not liable, provided that the damages could have been avoided by the user by regularly and completely backing up any relevant data. |
| 5.4 | The Provider's liability for damages which are not typical to the contract is excluded. |
| 5.5 | This does not apply if the damage concerns life, body or health, has been caused intentionally and by gross negligence, results from the absence of warranted properties or from a culpable violation of a major contractual obligation, the fulfilment of which enables the proper implementation of the contract in the first place and the observance of which the contracting party regularly trusts (cardinal duties). This does not concern a liability according to the Product Liability Act. |
| 5.6 | The provider does not assume any liability for contents of the online contacts regarding the card exchange or purchase, for the correctness and completeness of the detail rendered as well as no liability for the quality of the offered objects or the seriousness of the users. |
| 5.7 | The provider of the exchange platform does not take on any liability for the availability of the web page at any time as well as its technical functionability. |
| 5.8 | Only the users themselves are responsible that data transmitted on this website are free of virus or other defects. |
| 5.9 | There isn't a legal right on permanent and constant, free use of the website. |
| 5.10 | The provider reserves the right to doublecheck the contents of the entries. The users are not entitled to have particular entries to proceed offers or advertisements. |
| 5.11 | Entries which are in violation of these terms of use, advertising entries without prior written permission, entries, the contents of which violate existing law or the good customs are deleted without detail of reasons and without required notification of the user. |
| 5.12 | Incomplete entries (e.g. incomplete sender details) are not published. |
| 5.13 | Links to other web pages, Java, JavaScript and advertising banner or GIFs require prior written permission. |
| 5.14 | The provider of the exchange isn't a mediator between the suppliers and interested parties but provides merely the use of the website. |
| 5.15 | The Provider is not liable for possible damages and/or misuse of personal data which may arise by your use of a third-party app. |
User’s Liability | |
| 5.16 | The user bears full responsibility for any rights, contributions, contents of their user profile and offers. |
| 5.17 | In case the Provider's services are employed via a third party, because users have breached their obligations regarding rights, the user shall indemnify the Provider completely and at first request against any liability and costs, including potential procedural costs. The Provider will inform the user immediately about the claim and gives 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. |
| 5.18 | The users are 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 should be taken against the Provider by other users or other third parties due to unlawful contributions, commentaries, user profile contents and/or offers, the provider reserves the right to take follow-up action against the users. He also is entitled to take such contributions out of the internet up to final clearance of the case. |
| 5.19 | The use of the online platform via third party apps and similar application programs shall be at the users own risk. |
§ 6 Intellectual Property Rights
Proprietary Rights of Portal Content | |
| 6.1 | All text, pictures, video, information, music, logos, trademarks, brands, sound and other files, and their selection and arrangement (the “Portal Content") are the (intellectual) property of the provider with all rights reserved. |
| 6.2 | Magic the Gathering and all literal as well as graphical information regarding Magic the Gathering cards on this site are copyrighted by Ⓒ Wizards of the Coast LLC, a subsidiary of Hasbro, Inc. This website is not produced, endorsed, supported or affiliated with Wizards of the Coast. |
| 6.3 | No Portal Content may be modified, copied, distributed, framed, reproduced, republished, displayed, posted, transmitted, or sold in any form or by any means, without prior written consent of the provider. |
| 6.4 | Provided that you are eligible to use the Portal, you are granted a limited, nonexclusive license to access and use the Portal and the Portal Content. |
| 6.5 | Except for your own User Content, you may not upload or copy or republish Portal Content elsewhere or use the information for any other means without written consent from the provider. |
Evaluations | |
| 6.6 | Evaluations or reports and comments which are not true, are insulting, falsified or manipulated are not allowed. We reserve the rights to remove such comments. |
Limited License to Use | |
| 6.7 | By means of the admittance process as a registered user, you also receive a limited license to use this website. |
| 6.8 | This limited license to use the website features as granted to you by the provider is subject to this Agreement and does not permit the use of any data gathering or extraction methods. |
| 6.9 | Any use of the Portal or the Portal Content other than as specifically allowed in this Agreement, without the prior written permission of the provider is strictly prohibited and will terminate the license granted in the Agreement. |
| 6.10 | Unless explicitly stated in this Agreement, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. |
| 6.11 | This license to use is revocable at any time without notice and with or without cause. |
| 6.12 | Pictures and photos and other material which violate the rights of third parties, particularly originators, brands or name rights are not permitted. |
Rights to Use Content | |
| 6.13 | The users are granting to the Provider transferable, single rights to the content, unlimited in time and place as has been uploaded and / or published on the online platform so far as necessary for operating the online platform. |
| 6.14 | In particular, the users grant the right to upload the respective contents to the online platform and to perform the duplication of the contents as necessary (saving to servers etc.). |
| 6.15 | Furthermore, the users grant the right to edit contents in order to better present them on the website. Editing may consist in shortening or editing texts, cutting uploaded images or reducing images as thumbnails. In addition, the Provider is entitled to reproduce, communicate and make publicly available contents in the best possible quality via different terminal devices and different networks (public and private), comprising particularly the right to make the transfer of contents available for fixed and mobile terminal devices (e.g. mobile phones etc.) of other users. The right of public reproduction specifically also includes the right to stream contents on the site. |
| 6.16 | If the user uploads contents to the online platform, the user permits to other users to use the contents to a certain extent. Uploaded texts thus may be read and any images may be viewed. Inevitably, this involves that the respective content is saved to the memory of the other user's terminal device. |
§ 7 Right of withdrawal/revocation
| Consumer Protection law requires a right of withdrawal for consumers for the provision of services including internet or distance contracts which are free of charge. Accordingly, we have to inform you about the right of withdrawal / Right of revocation as follows: |
Right of revocation |
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You may revoke this contractual statement within 14 days, without stating any reasons. The revocation period is 14 days with effect from the conclusion of contract. In order to exercise your right of revocation, you will have to inform me, Pascal Schubert Richeystraße 23, 22309 Hamburg, Germany Tel. +(0)1520-2447109 Email: info@mtgstand.com about your decision to cancel this contract by means of a clear statement (e.g. a letter sent by mail, telefax or email). For this, you may use the attached model revocation form, which however is not however. To observe the revocation period, it is sufficient to send the notice on the exercise of the right of revocation before expiry of the revocation period. |
Consequences of cancellation |
| If you cancel this contract, all payments made by you, including shipping costs (excepting additional costs resulting from your choice of a different shipping method than the most advantageous shipping offered by us) shall be promptly refunded by us within 14 days at the latest with effect from the day we have received your notice of revocation of this contract. For this refund we will use the same means of payment that you have used for the original transaction, unless deviating terms were expressly agreed on with you; we will in no event charge you for this refund. In case you have requested that the provision of services begin during the revocation period, you shall have to pay the appropriate amount for the share of services already provided at the time of your notice of exercise of revocation regarding this contract as compared to the total extent of services scheduled according to the contract. |
Exclusion of the right of revocation |
| The right of withdrawal does not apply, if you, upon conclusion of the legal transaction, exercise a commercial or freelance activity and are thus are to be regarded as an entrepreneur (§ 14 German Civil Code). |
Model revocation form |
| (If you wish to cancel the contract, please fill in this form and send it back to us) To Pascal Schubert Richeysstraße 23, 22309 Hamburg Germany info@mtgstand.com I/We* hereby give notice that I/we* withdraw from my/our* contract for provision of the following services Ordered on (*)/received on (*) Name of the customer(s) Address of the customer(s) Signature of the customer(s) (only for notice sent by mail) Date (*) Please delete as applicable. The right of withdrawal does not apply, if you, upon conclusion of the legal transaction, exercise your commercial or freelance activity and are thus to be regarded as entrepreneur (§ 14 German Civil Code). You expressly agree to us commencing the provision of services before the end of the withdrawal period. Yes/ No? |
§ 8 Duration of the Contract
| 8.1 | The duration of the contract between users and the Provider is not restricted to a definite period of time. The contract may be terminated by the individual user at any time by notifying the Provider. The notification must be in writing. |
| 8.2 | The Provider may terminate the contract at any time as well. The right to suspend user accounts shall remain unaffected by this. |
| 8.3 | The right to extraordinary termination of contract for a cause remains unaffected. |
§ 9 Contract conclusion between users
| 9.1 | Placing offers on the platform operated by the Provider or adding one or more items to the cart does not yet constitute a legally binding offer for the conclusion of a contract. |
| 9.2 | It merely constitutes a request to provide for contact in order to negotiate a potential purchase or exchange. |
| 9.3 | Only in case that the parties should later on agree and / or confirm a purchase, a legally valid contract between offering party and interested party may be concluded. |
| 9.4 | The price of the purchase as agreed upon, under reserve of the negotiations between the parties, will have to be paid within ten days after the conclusion of the contract. |
| 9.5 | The offering party is obliged to ship the merchandise within one week after receiving payment as well as to apply the mode of shipment as chosen and directed by the interested party. |
§ 10 Data protection
| 10.1 | All information on data protection and data security may be found in our Privacy Policy. |
§ 11 Mandatory information according to the Regulation (EU) No 524/2013 of the European Parliament and of the Council:
| 11.1 | I am obliged to inform you about the link to the online dispute Resolution for consumer disputes, in accordance with EU Regulation No 524/2013.: |
| 11.2 | Follow this link to the website of the European Commission’s entity for online dispute resolution for consumer disputes: http://ec.europa.eu/consumers/odr/ - |
| 11.3 | My e-mail address is disclosed under "Impressum" - (mandatory disclosures required by German and European law). |
| 11.4 | I am not obliged to participate but would participate in any dispute resolution proceedings before a consumer arbitration board (ADR) or an online dispute resolution of the EU (ODR). |
§ 12 Other Provisions
| 12.1 | If the user is an entrepreneur, a legal entity under public law or a special fund under public law, as defined by the German Civil Code, the exclusive place of jurisdiction for all disputes arising from these GTC is the Provider's place of business in Hamburg. |
| 12.2 | The Provider reserves the right to change these General Terms and Conditions of Use at any time. |
| 12.3 | This webiste may be available in several languages. In case of doubt, the German version shall prevail. |
