Terms & conditions EN

TERMS AND CONDITIONS

Please read these Terms and Conditions carefully before using the https://www.boardgamesswap.com website and/or the accompanying mobile application. By using the website and services, you agree to be legally bound by these terms. If you do not agree with any part of the terms, do not check agreement to the terms, and you will not have access to the service. Boardgamesswap (company number 1007.731.713, hereinafter also referred to as "us," "we," or "our") is responsible for the services we provide, within the limits of applicable law and our obligations, and under the conditions set out in these terms. We act as an intermediary between users and are not a party to transactions, except in the sale of our own merchandise. When using our Website and Services, you are responsible for the content you post and all actions on the Website under your Account, published reviews, and disputes arising from your actions. Users can be sellers offering goods and items for sale in an electronic catalog on our website, and/or buyers who can view, search, and purchase an item or multiple items as part of a bundle on the catalog (a Transaction).

When using our website and services, you agree to comply with these terms and applicable laws, provide us with truthful, accurate, and up-to-date information about yourself, and update your account immediately if your information changes. You remain responsible for and own all rights to information, photos, or other data you upload to our Website (your Content). When creating an account or using our Website or Services, you agree not to do anything illegal, unethical, or contrary to public safety or anything that infringes on our rights or those of others. You also agree not to use external software tools that may disrupt the normal functioning of our Website or Services, and not to modify, copy, edit, distribute, or commercialize any content from our Website without prior written permission. If we discover that you are doing something that violates these Terms or is clearly illegal, we may take corrective action without prior notice as we deem appropriate and without need for justification. Measures may include, but are not limited to, sending a warning to comply with these Terms, removing your Items from the Catalog, hiding private messages you have sent, blocking your account, and preventing you from creating a new account on the website or notifying local authorities of your activity if illegal.

To create and keep your account secure, certain information is required, including a valid email address. Temporary email addresses and aliases cannot be used to create an Account. During the account registration process and at any time during your use of our services, we may ask you to verify the information on your account or provide additional/corrective relevant information. These requests are proportionate to the security we aim to provide, and if the information you provide is incomplete or incorrect, or if you do not comply with our requests, we may block your Account. We may use your personal information at any time to notify you of special offers, contests, or the like.

We process your personal data to fulfill our obligations and rights under these terms and provide you with our services. Please read our Privacy Policy for more information on how we collect, store, use, and protect your personal information. We do our best to protect your personal data, but even the strongest security measures cannot always protect against cyberattacks or guarantee that unauthorized third parties will not find a way to access or affect your personal data. Therefore, think carefully about what personal information you provide to us, as this is at your own risk. To the extent permitted by law, you grant us a non-exclusive right to use your Content worldwide, without compensation, for the duration of the applicable rights. This means we may copy, display, and modify Content for operational, commercial, advertising, or other internal business purposes on any type of platform or media, including on television, in printed media, on the internet (in banners and articles, on other websites), and on social networks (Facebook, Twitter, Instagram, etc.).

Some users have the option to send private messages via our communication center to exchange information about an item. You may not send private messages to other Users for any other reason, especially not for advertisements, malware, mass messages, or messages considered illegal, obscene, harmful, unethical, a risk to public safety, inappropriate, or otherwise inconsistent with the interests of Boardgamesswap and our Users.

All reviews of items, transactions, sellers, or others must be fair and honest. Please note that we do not check or verify reviews before they are published on our Website, and Boardgamesswap is therefore not responsible for correcting unfair reviews.

We use authorized third-party payment service providers. Make sure your payment information is correct so that payments on our Website are secure. Otherwise, your payment may be canceled, or you may need to prove that you used a particular payment method, or that you authorized a payment if automated software systems suspect it is unlawful. We are not responsible for any tax obligations or reporting obligations that may apply to sellers due to your activities on the Website.

If you want to offer an Item for sale on the Website, you must have the right to transfer ownership of an Item to a Buyer. The Item you want to sell must comply with our catalog rules, meaning that only items related to board games, card games, role-playing games, or other items that fit into one of our offered categories are allowed. We reserve the right to refuse items at any time without the need for explanation. You must accurately describe the quality and appearance of the product (including any defects or modifications) through, for example, photos and a clear description. Once your Item is included in the Catalog and published on the Website, it means you have officially made a sales offer that can be accepted by a Buyer. Your Item is sold once a Buyer buys it by clicking the buy button and payment is accepted. The costs charged to the buyer include the item price, any shipping costs, or optional services such as buyer protection. If you buy an Item outside of our Website, we are not responsible for that transaction. Such a purchase is made at your own risk and is not covered by any protection we offer for Transactions on our Website.

We work with third-party courier services for shipping packages. We are not a carrier. To the extent permitted by law, we disclaim all liability if the carrier provides incorrect, incomplete, or outdated tracking information. The delivery time after the package is submitted by the seller depends on the carrier and Boardgamesswap has no control over it. During the transaction, a buyer may purchase a prepaid shipping label. When purchasing an item in this way, the seller must ship the item within 5 working days using the label and following our guidelines for shipping items, including using securely sealed sturdy packaging and necessary padding to prevent the item from being damaged during transport. If it is found that damage occurred due to non-compliance with these rules, the seller will receive a warning and repeated violations will result in the account being blocked.

Buyer protection offers a refund policy for when an Item is lost, damaged, or clearly different from the description. Buyer protection is not insurance or legal protection and is an addition to any other legal rights or warranties you have. For items that do not arrive or are delivered in damaged packaging, we recommend first checking with the courier service via the tracking code to see where the problem lies. For other problems, we always recommend discussing the issue with the Seller first so that you and the Seller can agree on a solution that satisfies both of you, such as a return. If the above options do not resolve the issue, you can report the problem to us, providing the steps you have already taken. We will then try to resolve the issue through additional attempts, and if it is not possible to come to a solution, a refund with a limit of €200 per shipment will be provided by Boardgamesswap for items that were purchased with buyer protection. If a pattern of complaints about items is noticed with certain buyers or sellers, an investigation into fraud may be initiated, and certain information may be requested. Failure to cooperate with this investigation, failure to follow our instructions for future transactions, or sufficient evidence of fraud (solely evaluated by Boardgamesswap without the need for justification) may result in your account being blocked and the creation of a new account being prevented.

We are not responsible for interruptions in the availability of our Website due to maintenance or other events beyond our reasonable control. Taking into account the legitimate interests of Users and, if possible, based on relevant factors (such as the security of the Website), we will try to inform you about planned or existing availability restrictions, schedule downtime outside of peak hours, and limit downtime for regular maintenance to a reasonable period in line with market standards.

These Terms do not create a partnership or agency relationship between you and us. Neither of us has the right to enter into an agreement on behalf of the other or legally bind the other in any way. If a court or relevant authority decides that part of these Terms is unlawful, the remaining parts will remain in full force and effect.