Stand: 01.07.2019

§ 1 Introduction and Scope

Introduction

Welcome 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 Schubert
Richeystraße 23, 22309 Hamburg, Germany
Tel. +49 (0) 15202447109
info@mtgstand.com

Scope

1.1The 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”.
1.2The 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”).
1.3Once a request fulfils to the matching criteria, the website automatically transmit the names of the requested cards and contact data to the parties involved.
1.4No 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.
1.5Thus, 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.
1.6The provider doesn't make any binding offers, doesn't initiate any search enquiries and is not accepting offers.

§ 2 Content

2.1This website is designed as an internet market place where game trading cards are offered in order to initiate a trade or exchange.
2.2The "purchase" as such and/ or payments will not be executed on this internet page, but consequently in direct contacts between the users.
2.3The "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.
2.4A 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".
2.5Also, by using the search function, the users can search for particular cards and move them to the “exchange bag".
2.6The 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.
2.7Moreover, 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.
2.8No particular binding obligation will be resulting from by accepting an "exchange order" or by means of an exchange contract, will be executed directly.
2.9The legally binding exchange of the trading cards, or the purchase itself will be carried out between the users in private.
2.10On this website, there will be no payments of any kind.
2.11It 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

3.1The Use of the website requires the registration of a user account. The account registration is free of charge.
3.2The standard registration for users is foreseen on this website via password-protected login access and by e-mail.
3.3There will be also functions to register via Facebook, Instagram or Twitter.
3.4A registration requires a minimum age of the user of 18 years.
3.5Changes of personal data should be adjusted as soon as possible and be corrected in the profile settings.
Exchange BagThe exchange bag allows to establish contacts between users that are interested in purchasing or exchanging special game cards as further described above.
Collection ManagerThe "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
  • For every user, upon successful registration, there automatically will be a MTG stand of one's own created to function as a respective supplier. Some of the private information (name, the town/place of residence etc.) of the suppliers, at and upon their choice in the user settings, are represented as well which may be recognizably for the public at the respective MTG stand.
  • To set up a MTG Stand on the online platform does not constitute a legally binding offer for the conclusion of a sales or exchange contract. It rather is an invitation to make contacts and to negotiate a purchase or exchange, but not more than that.
  • If a user shows interest in an offer by adding one or several articles into his shopping cart as well as by confirming the purchase process, this would not lead to a legally valid sales or exchange contract but only to an exchange of contact information for the parties involved.
  • A purchase price needs not to be paid at that time. That is only foreseen later, upon special private agreement between the parties and at terms as the parties agree upon.

§ 4 Fees and Costs

4.1The use of the website is free for users as well as for registered users.
4.2There is no registration fee. There also ist not a fee for a successful trade or for an exchange of cards.
4.3A function will be foreseen to support this project on a voluntary basis in a cooperation with Patreon.com.

§ 5 Disclaimer and Liability

Provider’s Liability

5.1The Provider is liable under statutory provision. For free services the liability is restricted to the due diligence of one’s own.
5.2As 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

5.3If 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.
5.4The Provider's liability for damages which are not typical to the contract is excluded.
5.5This 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.
5.6The 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.
5.7The 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.
5.8Only the users themselves are responsible that data transmitted on this website are free of virus or other defects.
5.9There isn't a legal right on permanent and constant, free use of the website.
5.10The 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.
5.11Entries 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.
5.12Incomplete entries (e.g. incomplete sender details) are not published.
5.13Links to other web pages, Java, JavaScript and advertising banner or GIFs require prior written permission.
5.14The provider of the exchange isn't a mediator between the suppliers and interested parties but provides merely the use of the website.
5.15The 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

5.16The user bears full responsibility for any rights, contributions, contents of their user profile and offers.
5.17In 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.
5.18The 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.
5.19The 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

6.1All 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.
6.2Magic 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.
6.3No 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.
6.4Provided 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.
6.5Except 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

6.6Evaluations 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

6.7By means of the admittance process as a registered user, you also receive a limited license to use this website.
6.8This 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.
6.9Any 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.
6.10Unless 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.
6.11This license to use is revocable at any time without notice and with or without cause.
6.12Pictures 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

6.13The 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.
6.14In 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.
6.16If 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

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

8.1The 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.
8.2The Provider may terminate the contract at any time as well. The right to suspend user accounts shall remain unaffected by this.
8.3The right to extraordinary termination of contract for a cause remains unaffected.

§ 9 Contract conclusion between users

9.1Placing 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.
9.2It merely constitutes a request to provide for contact in order to negotiate a potential purchase or exchange.
9.3Only 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.
9.4The 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.
9.5The 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

10.1All 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:

11.1I am obliged to inform you about the link to the online dispute Resolution for consumer disputes, in accordance with EU Regulation No 524/2013.:
11.2Follow this link to the website of the European Commission’s entity for online dispute resolution for consumer disputes:
http://ec.europa.eu/consumers/odr/ -
11.3My e-mail address is disclosed under "Impressum" - (mandatory disclosures required by German and European law).
11.4I 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

12.1If 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.
12.2The Provider reserves the right to change these General Terms and Conditions of Use at any time.
12.3This webiste may be available in several languages. In case of doubt, the German version shall prevail.

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