General Terms and Conditions of the Marketplace

1. Purpose and Operator

The BDPokéCards marketplace (hereinafter "the marketplace") allows its members to buy and sell Pokémon cards, sealed products, and accessories to each other, at fixed prices or through auctions, on the website bd-pokecards.ch.

It is operated by Vergasta Digital, Bruno Vergasta Paiva, Rue du Temple 5, 2610 St-Imier, Switzerland (UID: CHE-403.843.646), hereinafter "BDPokéCards". Contact: commandes@bd-pokecards.ch.

These terms apply to any use of the marketplace. They are supplemented by:

2. Role of BDPokéCards

BDPokéCards provides the platform, collects online payments on behalf of sellers, and assists in resolving issues. The sales contract is concluded directly between the buyer and the seller. BDPokéCards is not a party to this contract, does not own the items sold by members, and does not guarantee their authenticity or condition.

When BDPokéCards sells its own stock on the marketplace (official seller profile "BDPokéCards"), it acts as a seller and these terms apply.

3. Member Account

The marketplace is reserved for adults (18 years and over). Buyers must be domiciled in Switzerland, Liechtenstein, or France; sellers in Switzerland.
Each member chooses a public pseudonym, which can be changed once a month. Misleading pseudonyms or those imitating the BDPokéCards team are rejected.
Only one account per person. The information provided must be accurate and kept up to date.
The member keeps their login details confidential and is responsible for actions taken from their account.

4. Listings

Listings must feature actual photos of the item being sold, its condition, and for a card, its language, variant, and if graded, the company, grade, and certificate number. Prices are in Swiss francs (CHF), with a minimum of 1 CHF.

Listings, questions, and answers must not contain any contact details (email, phone, link): sales are concluded on the platform. The seller's obligations are detailed in the seller terms.

5. Sealed Items, Accessories, and Lots

Only official Pokémon products are accepted. Copies, unofficial cards (proxies, customs), and counterfeits are prohibited.
An item sold as "originally sealed" has never been opened or resealed. A resealed, repackaged product or one whose contents have been altered cannot be sold as sealed.
Photos must show the actual item being sold, front and back. For a sealed product, the film and its seals must be visible.
If the received item is resealed, counterfeit, or does not match the listing, the buyer reports an issue from the order. They are refunded after returning the item, and the seller's account may be suspended.

6. Fixed Price Purchase

Before placing an order, the buyer sees a summary (item, shipping, total, and payment method) which they confirm. The order is then a firm purchase at the displayed price, with shipping costs added for the chosen shipping method.

Multiple items from the same seller can be combined in a basket: shipping costs are then paid only once.

Buying incurs no additional fees for the buyer.

7. Payment Methods

The seller indicates the payment methods they accept; the buyer chooses from them when ordering.

Online payment: the buyer pays on the secure Stripe page (credit card, Apple Pay, or Google Pay). The item is reserved for them for 30 minutes during payment; without payment, it is relisted.
Direct payment (bank transfer or TWINT): the buyer pays the seller using the details shown on the order, within 4 days, then indicates this on the order. The seller confirms receipt of the money before shipping. Without payment within the deadline, the order is cancelled.
Cash on delivery: offered for any listing with in-person collection. The buyer commits to collecting the item and paying within the deadline indicated on the order. Members arrange the meeting via the order messaging. After the handover, the buyer or seller confirms the item has been handed over and paid for; without a response from the other member within 48 hours, one confirmation suffices. An absent member or one who refuses to pay can be reported; without dispute within 48 hours, the sale is cancelled.

Direct and cash payments: the money does not go through BDPokéCards. Therefore, buyer protection cannot refund them directly: a decided refund is due and made by the seller. BDPokéCards offers mediation and can take action against a member.

8. Payment to the Seller

For an online payment, BDPokéCards pays the seller their share (price and shipping costs, minus sales fees) to their Stripe account as soon as the payment is confirmed; the seller is notified they can ship. If a refund is granted later or a chargeback is lost, the corresponding amount is deducted from the seller's Stripe account.

9. Shipping and Receipt

The seller ships within 5 days of payment (for direct payment: after confirming receipt of the money), using the shipping method chosen by the buyer, in protective packaging (sleeve and toploader at a minimum for a card, rigid or bubble envelope).
Tracked shipping is mandatory from 100 CHF.
The seller bears the risk of shipping until receipt by the buyer: an item not received whose delivery cannot be proven is refunded to the buyer.
If the seller does not ship within the deadline, the buyer can cancel the sale and is fully refunded.
Upon receipt, the buyer checks the item and then confirms receipt. Without a report, the sale automatically concludes 10 days after shipping.

10. Buyer Protection and Issues

As long as the sale is not concluded, the buyer can report an issue: item not received, not as described, counterfeit, wrong item, damaged on delivery, or other. They attach photos if possible. The sale is then frozen.

The seller responds within 3 days: full refund, partial refund, return of the item for a refund, or justified dispute.
The buyer responds within 3 days: they accept the proposal, return the item, or request arbitration from the team. They can also withdraw their claim.
In case of a return, the buyer returns the item within 7 days, with tracking, and the seller confirms receipt within the following 7 days.
If a deadline is missed or if members cannot agree, the BDPokéCards team decides based on exchanges, photos, and tracking.

If the item is not as described, is counterfeit, or is incorrect, the refund includes shipping costs and return costs are borne by the seller. For an online payment, the refund is made by BDPokéCards via Stripe; for a direct or cash payment, it is made by the seller.

There is no right of withdrawal for a simple change of mind. The team's decision applies within the platform and does not deprive any member of their rights before the courts.

11. Sales Fees

Buying is free. Listing an item is free.
For each completed sale, the seller pays a sales fee of 5% of the item's price, with no minimum, nothing on shipping fees.
Online payment: sales fees are deducted from the payment. Stripe payment fees are covered by BDPokéCards.
Direct or cash payment: sales fees are invoiced to the seller, according to the seller's conditions.
In the case of a full refund, no sales fee is due. In the case of a partial refund, the refunded amount is first deducted from the seller's share.
As BDPokéCards is not subject to VAT, sales fees are invoiced without VAT.

The rate may change. Each sale retains the rate in effect at the time it is completed.

12. Reviews

Within 30 days following the end of a sale, the buyer and seller can review each other. Reviews are public, honest, and factual. It is prohibited to offer or demand compensation for a review. The team may remove a review that is offensive or contrary to these terms.

13. Public Questions and Messages

Questions asked on a listing and the seller's responses are visible to everyone. Messages exchanged about a sale or an issue can be reviewed by the team to resolve a dispute.

14. Prohibited Behaviours

The following are prohibited:

proposing or completing a sale outside the platform that was started on BDPokéCards;
selling a counterfeit, stolen item, or an item not in one's possession;
bidding on one's own listings or inflating prices with another account;
opening multiple accounts or circumventing a sanction;
manipulating reviews;
repeated non-payments, payment fraud, and abusive chargebacks;
claiming to have paid or received a direct payment that did not occur;
offensive remarks, harassment, or threats.

15. Moderation and Sanctions

To protect members, BDPokéCards may, depending on the severity: remove a listing, subject listings to manual review, limit the number of listings, freeze a sale, suspend or exclude a member. Automatic signals (for example, a payment method or connection shared between multiple accounts) are reviewed by a person before any sanction.

When a bank initiates a chargeback on an online payment, the sale is frozen and BDPokéCards provides the available evidence. If the bank sides with the buyer, the amount is deducted from the seller's Stripe account.

16. Liability

BDPokéCards makes every effort to ensure the proper functioning of the marketplace, without guaranteeing uninterrupted availability. To the extent permitted by law, BDPokéCards is not liable for items sold by members, their behaviour, payments made directly between them, or indirect damages. Liability for gross negligence or wilful misconduct remains reserved.

17. Amendments

BDPokéCards may amend these terms. Any new version is published on the site and must be accepted to continue buying, selling, or bidding. Ongoing sales remain governed by the version accepted at the time they were concluded.

18. Applicable Law and Jurisdiction

These terms are governed by Swiss law, excluding the Vienna Convention on Contracts for the International Sale of Goods. The place of jurisdiction is St-Imier, subject to mandatory jurisdictions, notably that of the consumer's domicile.

Version 2.0 — effective upon publication.