Terms and Conditions of Use of The Games Market (TGM)

The Games Market platform (hereinafter also simply the "Site") is operated by The Games Market S.r.l., with registered office at Via Giorgio e Guido Paglia 21/B, 24122 Bergamo, Italy, Tax Code and VAT number 04719290167, registered with the Bergamo Chamber of Commerce under no. BG-484046 (hereinafter also simply "TGM").

Before registering on the Site, each User must read and accept these General Conditions, which govern access to and use of the Site, and review the Privacy Policy provided by TGM pursuant to Article 13 of Regulation (EU) 2016/679. Any consents for specific purposes, such as marketing, are collected separately and may be revoked at any time.

1. Definitions

When the following capitalised terms are used in these General Conditions, they have the meaning indicated herein.

Additional Services: the additional services offered by TGM on the Site, as described in Section 3.7.

Buyer: any User who purchases or wishes to purchase one or more Items on the Site and has accepted the Payment Service Provider's conditions.

Consumer: the natural person acting for purposes unrelated to any trade, business, craft or professional activity they may carry out, within the meaning of Article 3 of the Italian Consumer Code (Legislative Decree 6 September 2005, no. 206).

"Buy" Button: the button on each Item's page that allows the Buyer to express their intention to proceed with an order for an Item on the Site.

"Make an Offer" Button: the button, available only if the Seller has enabled this function, that allows the Buyer to propose to the Seller a price different from that indicated in the listing.

Item: the graded video game, console or accessory related to video game collecting that the Seller lists in the Catalog for sale. Only Items graded by an Approved Grading Company may be sold on the Site.

Approved Grading Company: one of the certification companies recognised by TGM for Items that may be listed on the Site: TGMGrading, PixelGrading, WATA, PSA, VGA, CGC.

Catalog: the electronic catalog of Items that Sellers have put up for sale through the Site.

Catalog Rules: the rules governing Items and listings, set out in Section 14.

TGM Commission: the fee due to TGM for its services, equal to 12% of the Item price, withheld from the Seller's proceeds.

Payment: the payment process available to Buyers, which i) starts after the Buyer has clicked "Buy", ii) requires the Buyer to select a payment method and provide a delivery address, and iii) is completed when the Buyer clicks the payment button bearing, for the consumer, the wording "order with obligation to pay".

Content: has the meaning indicated in Section 9.1.

Claim Submission Period: has the meaning indicated in Section 4.6.

Escrow: the escrow account managed by the Payment Service Provider, on which the portion due to the Seller is held until release as provided in Section 5.2.

Integrated Payment System: the online payment system that allows Items on the Site to be paid for. It is not provided by TGM but by the Payment Service Provider.

Hosting Services: the services through which TGM allows Users to list Items in the Catalog, find and evaluate sale offers and communicate privately.

Payment Service Provider: the provider of the Site's payment services, currently Stripe (or another provider indicated on the Site from time to time).

News: content shared by TGM on the Site, including communications about offers, promotions and updates.

Private Messages: the exchange of private messages between Users through the Site's messaging system.

Seller: any User, whether a professional or private individual, who, subject to TGM approval, lists one or more Items in the Catalog and has accepted the Payment Service Provider's conditions. The Site indicates in each listing whether the Seller acts as a professional or as a private individual.

Services: all services offered through the Site, including Hosting Services and Additional Services.

Significantly not as described: has the meaning indicated in Section 4.8.

Site: the TGM website, apps and any other means of accessing the platform, including Services, content, tools and features.

TGM Social Accounts: TGM's official accounts on social networks.

General Conditions: the binding agreement between TGM and the User, as defined in this document.

Total Price: the total amount due for a Transaction, including: i) the Item price set by the Seller; ii) shipping costs, unless separately requested by the Seller; iii) applicable taxes. The Buyer does not pay any commission to TGM.

Transaction: any purchase completed between Users through the "Buy" button, including following an accepted offer, whereby the Users enter into a contract of sale of the Item.

User: any person, Seller or Buyer, who has created an Account on the Site and has accepted these General Conditions.

Account: the User's account created upon registration on the Site.

Visitor: any person who visits the Site without having created an Account.

Privacy Policy: the document describing how TGM collects, uses and processes personal data, available at the following address https://www.iubenda.com/privacy-policy/85708968

2. Introduction

2.1. The User must carefully read these General Conditions, which set out the terms under which the Site may be used. By accepting them, the User may use the Site as a Buyer and, subject to TGM approval, as a Seller. Anyone who does not accept them is not authorised to use the Site.

2.2. Services. TGM offers Hosting Services as an intermediary between Buyer and Seller, and Additional Services. TGM is fully responsible for the Services it provides, within the limits of its commitments and subject to these General Conditions. TGM is not a party to any Transaction between Users and does not purchase or sell the Items displayed on the Site.

2.3. Who may not use the Site. The Site is not intended for persons under 18 years of age. TGM may require the User to prove that they are of legal age. If TGM finds that an Account was created by a person under 18 years of age, it suspends the Account and deletes the related personal data, except as required by law.

2.4. Visitors. A Visitor may search for and view Catalog Items with limitations and read public content and News, but is not considered a User and may not use the Services. These General Conditions may nevertheless have informational value for them.

2.5. Creating an Account. To buy or sell Items and to use the Services, the User must register and create an Account, undertaking to provide information that is truthful, accurate, up to date and complete and to keep it as such. Registration requires an email address, a username and a password, or access via Facebook, Google or Apple ID profile. To protect the Account and other Users, TGM may adopt reasonable and proportionate security procedures to verify the User's identity (for example verification via identity document or verification of phone number or email address), including by entrusting them to a third-party provider.

2.6. Third-party terms and conditions. Some Site features use third-party tools and services, governed by separate terms to which the Site refers via appropriate links and which must be accepted separately if the User wishes to use them.

2.7. Agreed modifications. Except as provided in 2.8, any modification to these General Conditions is subject to the User's prior acceptance. If acceptance is not given within 10 (ten) days of notification, TGM may limit or suspend the User's ability to use the Site until the updated General Conditions are accepted.

2.8. Unilateral modifications. TGM may unilaterally modify these General Conditions for justified reasons, in particular to: a) align them with new or amended legislative and/or regulatory provisions or decisions of the competent authorities; b) prevent abuse, fraud or security risks; c) reflect changes to the Services; d) reflect changes in the way TGM conducts business or in market conditions; e) make formal corrections. TGM informs Users at least 10 (ten) days before they take effect, unless the law requires different time limits. Modifications do not apply retroactively and do not affect Transactions already completed. A User who does not accept them may withdraw free of charge at any time; obligations relating to Transactions already completed or in progress remain unaffected.

2.9. Any modification published on the Site applies immediately to Users who complete registration after publication of the modification.

2.10. TGM may add new Services and features, without reducing quality or altering to the User's detriment the characteristics of Services provided in exchange for a price already paid or Hosting Services relating to listings and Content already published.

2.11. Applicable version. The User accepts the General Conditions in force at the time of registration and, subsequently, those in force at the time of each purchase or new operation on the Site, which govern the relevant Transaction. From their entry into force, modified General Conditions apply to use of the Site and the Services, subject to 2.8. Previous versions remain applicable only to Transactions already completed during their validity.

3. Item Listings on the Site

3.1. Permitted Items. Only Items that meet all of the following conditions may be listed on the Site:

3.1.1. they are video games, consoles or accessories graded by an Approved Grading Company and related to video game collecting, with the certified container (slab or case) intact and corresponding to the declared grade, and belong to a category permitted under the Catalog Rules;

3.1.2. the Seller must have the right to transfer ownership of the Item;

3.1.3. the sale, use or possession of the Item must not violate third-party rights (including intellectual property rights) or applicable laws or regulations; the Item must be safe and may not be counterfeit;

3.1.4. the Item complies with all commonly applied market requirements, unless otherwise agreed between Buyer and Seller.

3.2. Uploading a listing. To list an Item, the Seller completes the form by selecting the appropriate category, indicating the Grading Company, the grade and any notes, and uploading photographs compliant with Section 14.4. The description and photographs must faithfully reflect the quality and appearance of the Item, including any defects.

3.3. Sale offer. Publishing a listing constitutes an offer to sell the Item, which may be accepted by a Buyer. Once published, the offer may be revoked or modified only under these General Conditions.

3.4. Modifying a listing. The Seller may modify the listing in any respect (price, description, photographs and other data) or remove it at any time before a sale contract is concluded. Substantial modifications, in particular those relating to the Item, grade or Grading Company, are subject to new TGM approval under Section 3.9 before publication.

3.5. Search result order. Listings in the Catalog's default results are ordered by "relevance", taking into account: relevance to the search (including language), Buyer Account preferences, browsing habit data, Item upload date. The purpose is to offer the best search experience for Buyers.

3.6. Default order. Listings are automatically ordered by "relevance". Alternatively, the Buyer may order them using the filters offered on the Site.

3.7. Additional Services. The Seller may use the Additional Services described below. Any applicable additional terms must be accepted separately.

3.7.1. Collection. TGM provides the Collection service free of charge, allowing the User to upload one or more Items to their Account and automatically receive an indicative estimate of their possible value. The estimate is based on the condition and status declared by the User, as well as purchase and sale data for similar Items: if the information declared by the User is not accurate or objective, the estimate changes accordingly. Values are updated over time, as the database is fed daily and becomes progressively more reliable. Estimates are purely indicative, do not constitute an appraisal and do not bind the User or TGM. TGM may notify the User of the possibility of selling Items included in the service, without any fee.

3.8. Content removal. Upon adequate report or communication from the competent Authorities, TGM promptly removes any unlawful Content or Item, in particular if manifestly contrary to law (for example counterfeit Items), morality or public safety, or to these General Conditions. TGM may use automated tools to identify such content. Use of such tools does not constitute a general monitoring obligation and, to the extent permitted by law, does not entail liability for TGM. TGM informs the Seller of the removal and the reasons, unless prohibited by law; the Seller may contest the decision under Section 11.6.

3.9. Seller and Item approval. To sell on the Site, the User submits a request to TGM. TGM, as a private company, evaluates at its discretion both the Seller and each proposed Item and manually approves them before the listing is published. TGM may refuse a Seller or Item, or not publish a listing, without being required to provide reasons. Suspension or removal of an already published listing or an already active Account is instead subject to the procedures and safeguards in Sections 3.8 and 11. TGM approval does not constitute a guarantee of authenticity, compliance or value of the Item, which remain the responsibility of the Seller and, for the grade, of the Grading Company.

4. Buying Items on the Site

4.1. Purchase. The Buyer purchases Items through the "Buy" button. Once checkout is completed, a binding contract is concluded directly between Buyer and Seller, based on i) the Item description and photographs, ii) conditions agreed between the parties, iii) these General Conditions. The Buyer undertakes to pay and the Seller to transfer ownership of the Item. TGM is not a party to this contract. The Site indicates in each listing whether the Seller acts as a professional or as a private individual: when the Seller is a professional and the Buyer is a consumer, the consumer protection provisions of the Italian Consumer Code (Legislative Decree 6 September 2005, no. 206) and European law apply; when the Seller is a private individual, such provisions do not apply, without prejudice to the Services and safeguards offered by TGM under these General Conditions. The procedures described in this Section 4, including the Claim Submission Period, the rules on non-conformity and refunds, are contractual tools offered by TGM and apply without prejudice to the mandatory rights recognised to the consumer under the Consumer Code, in particular the legal conformity warranty under Section 4.1.2 and the right of withdrawal under Section 4.1.3.

4.1.1. Buyer's offer. If the Seller has enabled the function, the Buyer may propose a different price through the "Make an Offer" button. The Seller may accept, reject or make a counteroffer within 48 (forty-eight) hours of receiving the offer; the offer remains binding on the Buyer until expiry of that period or the Seller's response. If the Seller accepts the offer, the Buyer completes the Transaction by completing Payment within 48 (forty-eight) hours of acceptance, failing which acceptance lapses; in that case neither party remains bound. The same rules as purchase via "Buy" apply.

4.1.2. Consumer information and legal warranty. Before the contract is concluded, and in any case before the consumer is bound, they are provided in a clear and comprehensible manner with the pre-contractual information required by Article 49 of the Consumer Code, in particular: a) the main characteristics of the Item, including the grade and Grading Company; b) the identity of the professional Seller, with contact details and geographic address; c) the Total Price including taxes and shipping and delivery costs; d) payment, delivery and performance methods and delivery times; e) the conditions, terms and procedures for exercising the right of withdrawal, with the model form in Annex A; f) the indication that, in case of withdrawal, direct return costs are borne by the consumer; g) the existence of the legal conformity warranty on goods; h) complaint handling procedures; i) information on out-of-court dispute resolution under Section 15.2. For the consumer, the order is perfected through a button bearing the wording "order with obligation to pay". When the Seller is a professional, the consumer benefits from the legal conformity warranty under Articles 128 et seq. of the Consumer Code: the professional Seller is liable for conformity defects appearing within 2 (two) years of delivery of the goods. For used goods, the professional Seller and the consumer may agree a liability period of not less than 1 (one) year. The consumer's rights under the legal warranty expire after 26 (twenty-six) months from delivery of the goods. The legal warranty is distinct from and does not replace the claim procedure under Section 4.6.

4.1.3. Consumer right of withdrawal. The right of withdrawal belongs solely to the consumer Buyer; a Buyer acting as a business or professional has no right of withdrawal. When the Seller is a professional, the consumer may withdraw from the purchase within 14 (fourteen) days of delivery of the Item, without having to state reasons and without incurring costs other than those provided for in Articles 56 and 57 of the Consumer Code, pursuant to Articles 52 et seq. of the same Code. The consumer exercises withdrawal, before expiry of the period, by informing the Seller of their decision by means of an explicit statement, including via the model withdrawal form made available on the Site.

Pursuant to Article 56 of the Consumer Code, the Seller refunds the consumer all amounts paid, including delivery costs, without undue delay and in any case within 14 (fourteen) days of the day on which the Seller was informed of the consumer's decision to withdraw. The refund is made using the same means of payment used by the consumer for the initial Transaction, unless otherwise agreed and without the consumer incurring any cost as a consequence of the refund. The Seller is not required to refund supplementary costs arising from the consumer's choice of a delivery type other than the least expensive standard delivery offered. The Seller may withhold the refund until receipt of the returned Item or until the consumer has demonstrated that they have sent it back, whichever occurs first.

Pursuant to Article 57 of the Consumer Code, the consumer returns the Item to the Seller without undue delay and in any case within 14 (fourteen) days of the date on which they communicated withdrawal; the period is observed if the consumer sends back the Item before expiry of the 14 (fourteen) days. Direct costs of returning the Item are borne by the consumer, who is informed of this before purchase. The consumer is liable only for any diminution in the value of the Item resulting from handling other than that necessary to establish its nature, characteristics and functioning; in particular, opening, breaking or tampering with the grading slab beyond what is necessary to examine the Item entails such liability.

A graded Item does not constitute sealed goods excluded from withdrawal under Article 59, paragraph 1, of the Consumer Code: the right of withdrawal applies in full. The sealed nature of the grading slab does not exclude the right of withdrawal. While the withdrawal period is pending, the Seller's share is not released. The model withdrawal form is set out in Annex A to these General Conditions.

4.2. Purchases off the Site. Purchases made without the "Buy" button are at the User's sole risk; TGM does not provide support and, to the extent permitted by law, disclaims all liability in relation to them. For Transaction security, Users are invited always to complete them through the "Buy" button.

4.3. Shipping. TGM does not provide shipping or delivery services, which are the Seller's responsibility. The Seller ships by tracked method and, depending on the value of the goods, insured, at their own expense, and provides the Buyer with all shipping information, including the tracking code. When the Seller is a professional and the Buyer is a consumer, the risk of loss or damage to the Item during transport remains with the Seller until the consumer, or a third party designated by them other than the carrier, takes physical possession of the Item, pursuant to Article 63 of the Consumer Code.

4.4. Escrow. Upon payment, the Payment Service Provider withholds and credits to TGM the TGM Commission, while the portion due to the Seller remains in escrow with the Payment Service Provider and is released only upon completion of the Transaction (Section 5). TGM does not receive or hold the Buyer's funds at any time; they pass exclusively through the Payment Service Provider.

4.5. Applicable warranties. Payments through the Site are not covered by insurance. The Buyer's legal rights and warranties remain unaffected: in particular, when the Seller is a professional and the Buyer is a consumer, the legal conformity warranty and the right of withdrawal under Sections 4.1.2 and 4.1.3 apply, in addition to the safeguards offered by TGM under these General Conditions.

4.6. Claim Submission Period. This procedure is a voluntary additional tool offered by TGM: for the consumer Buyer, when the Seller is a professional, the right of withdrawal within 14 days and the legal conformity warranty under Sections 4.1.2 and 4.1.3 remain unaffected and prevail. The Buyer has 3 (three) days from receipt to examine the Item. If the Buyer believes there is an anomaly (for example the Item does not match the description, or the package is lost), they must report it to TGM within that period via the "I have a problem" button, by email to hello@thegamesmarket.com or through the Support page ("Claim Submission Period"). In specific circumstances where the Buyer cannot examine the Item within 3 (three) days, TGM informs them. The report suspends the Transaction and the Seller's share remains in escrow until resolution. If no report is made within the period, the Transaction is completed and the Seller's share is released in their favour. Shipping must be by tracked and insured method, at the Seller's expense, to allow delivery verification.

4.7. Items lost or damaged in transit. If the Item is not received or arrives damaged during transport, the Buyer reports this within the Claim Submission Period. Once loss or transport damage is established, the Buyer is refunded the amount provided in Section 5.2. When the Seller is a professional and the Buyer is a consumer, consistently with Article 63 of the Consumer Code transport risk lies with the Seller and the consumer retains legal rights and remedies even beyond the Claim Submission Period.

4.8. Items significantly not as described in the listing. The Item received must match the grade, Grading Company and slab indicated in the listing, as well as the photographs. An Item is considered "significantly not as described" if: i) it has a different grade or Grading Company from those indicated; ii) the slab is cracked, opened or tampered with; iii) it is counterfeit, swapped, missing or different from that described. Minor and negligible differences that do not affect value according to the Buyer's legitimate expectations do not constitute non-conformity. Shipping a different Item, a worthless object or a tampered package constitutes non-conformity and, if intentional, fraud under Section 11.3. If non-conformity is confirmed, the Transaction is cancelled. When the Seller is a professional and the Buyer is a consumer, this procedure does not prejudice the legal conformity warranty under Section 4.1.2. The Seller chooses between the following two options; in no case may the Buyer retain both the Item and the refund:

4.8.1. if the Seller waives recovery of the Item, the Transaction is cancelled and the Buyer receives a refund under Section 5.2, keeping the Item;

4.8.2. if the Seller requests return, cancellation takes place by cross-exchange: the Buyer returns the Item to the Seller within 5 (five) days, bearing return costs unless otherwise agreed; when the Seller is a professional and the Buyer is a consumer, as this is a conformity defect return costs are borne by the Seller, pursuant to Article 130 of the Consumer Code. Once the Item is received and verified, the Seller refunds its price under Section 5.2. The Seller has 2 (two) days to confirm receipt or report a problem; in case of disagreement TGM keeps the Transaction suspended until agreement between the parties or a ruling by the competent authority; if the Seller does not respond, the Transaction is cancelled and the Buyer is refunded under Section 5.2.

4.9. Authenticity and counterfeiting. The Seller warrants that they actually possess the Item at the time of listing and shipment, that the Item is authentic, of lawful origin and matches the grade and slab indicated, and that the slab shipped is that of the listing; the Seller holds TGM harmless from any third-party claims in this regard. The grade is assigned by a Grading Company: TGM does not certify or guarantee the authenticity or value of the Item. The WATA, PSA, VGA, CGC and PixelGrading marks belong to their respective owners and are referred to solely to identify the company that issued the certification; reference to them does not imply any partnership, affiliation or sponsorship with TGM, which remain independent third parties.

a) For Items graded by a company other than TGMGrading (PixelGrading, WATA, PSA, VGA, CGC), certification is issued by that company according to its own standards and conditions; for any dispute relating to the grade or authenticity of the certification, the User refers to the contract signed with the Grading Company. TGM remains uninvolved.

b) For Items graded by TGMGrading, the grade constitutes a professional technical opinion and not an absolute legal guarantee of authenticity, according to TGMGrading service conditions.

In any case TGM, upon adequate report, removes Items found to be counterfeit and takes action against the Seller. The procedure in Section 4.8 remains for Items with false, swapped or tampered slabs.

4.10. No refund. The following cases concern only the voluntary claim procedure offered by TGM and do not affect the consumer's legal conformity warranty and right of withdrawal under Sections 4.1.2 and 4.1.3, which prevail. The Buyer has no right to a refund under that procedure, and amounts are released in favour of the Seller, if: i) TGM finds that the Item is not significantly not as described; ii) the problem is not reported within the Claim Submission Period; iii) the slab has been opened, tampered with or tested by the Buyer; iv) the Buyer has confirmed conformity by clicking "All good"; v) for the purposes of this procedure, the Buyer does not provide the evidence requested by support in support of the report within the indicated period. TGM recommends that the Buyer record a continuous unboxing video and keep proof of the package weight, without prejudice to the fact that such video alone does not constitute decisive proof. A report found to be false or a manifestly unfounded claim constitutes improper use of the Site: the amount is released in favour of the Seller and TGM may take action against the Buyer under Section 11, without prejudice to the Buyer's liability for damage and costs caused to the Seller or TGM.

4.11. TGM's role in refunds. Users accept the procedure described above and cooperate with TGM, which decides based on the objective criteria of these General Conditions, including elements provided by both parties, such as package weight, courier tracking data and the Seller's packaging and shipping evidence. If Users resolve the matter between themselves after submitting it to support, they inform TGM.

5. Paying for an Item

5.1. Secure payments through the Integrated Payment System. Payments are processed by the Payment Service Provider, currently Stripe. To pay and to receive payments, the User enters into a contract directly with the Payment Service Provider and accepts its terms. The Total Price may be paid by card or other method offered on the Site. If use of a third party's payment method is suspected, the User may be asked to prove ownership. TGM does not process payments and does not store card data; Users are responsible for the accuracy of the data provided. The Payment Service Provider processes User data as an independent data controller for legal obligations connected with payment services; the related purposes and any data transfers are described in the Privacy Policy.

5.2. Completion of a Transaction and credit to the Seller. Upon payment, the Payment Service Provider withholds and credits to TGM the TGM Commission, equal to 12% of the Item price; TGM does not receive or hold the Buyer's funds at any time, which pass exclusively through the Payment Service Provider. The portion due to the Seller remains withheld in escrow by the Payment Service Provider and is released in their favour: i) after 3 (three) days from the Buyer's receipt of the Item without a claim being filed; or ii) after resolution of any claim filed. In case of refund to the Buyer, the TGM Commission relating to that Transaction is also not due and is returned. Refunds to the consumer Buyer are always full, including every amount paid, without any deduction of Payment Service Provider commissions; where the cause is attributable to the Seller, TGM recovers such commissions from the Seller. Refunds to non-consumer Buyers, where the cause of the refund is attributable to the Seller, are full and TGM recovers commissions from the Seller; in other cases the refund equals the Total Price net of Payment Service Provider commissions no longer recoverable by TGM, applicable in the country of the Transaction.

5.2.1. Suspension and denial of payment to the Seller. TGM may suspend credit to the Seller when: i) the Buyer opens a report and payment has not yet been made, until resolution; ii) a third party notifies TGM of a problem relating to the sale or Item; iii) the Seller fails to meet their obligations to TGM or the Buyer. Since TGM is not a party to the sale and does not hold the funds, if non-conformity or fraud attributable to the Seller is established, according to the procedures in Sections 4.8, 4.9 and 4.10, the amount in escrow is not released in favour of the Seller, who has no claim against TGM for that Item; the Seller's right to contest the decision under Section 11.6 remains, without prejudice to TGM's wilful misconduct or gross negligence. Towards the professional Seller, TGM communicates the reasons for the decision pursuant to Regulation (EU) 2019/1150.

5.3. Restrictions on use of the Integrated Payment System. The right to use the Integrated Payment System is reserved for sales on the User's own behalf and applies solely to Items on the Site. Allowing third parties to use it is prohibited.

5.4. Currency and taxes. All prices on the Site are expressed in euros (EUR), including applicable VAT.

6. Credit to the Seller

6.1. Enabling payments. To sell and receive payments, the Seller must provide the Payment Service Provider with the required data (including name, surname, date of birth, address, nationality and details of a euro bank account opened in the European Union or European Economic Area). Until such data is provided and validated, the Account is not activated for selling and the Seller may not publish listings or receive payments.

6.2. Payment Service Provider obligations. The Payment Service Provider may request from the User the information and documents necessary to fulfil its legal obligations before executing or crediting payments. If not provided, credit may be suspended until such obligations are completed. As a regulated payment institution, the Payment Service Provider is legally required to perform its own identity checks on Sellers.

7. Shipping Items and refund to the Seller

7.1. Shipping options. TGM does not provide transport or shipping services, which are the User's responsibility. TGM, including through third parties, may make tools available for generating shipping labels, at the User's request.

7.2. Shipping costs. Shipping costs are borne by the Buyer, in addition to the Item price, and are communicated by the Seller. They may vary depending on size, route, courier and any discounts.

7.3. Shipping commitment. The Seller ships the Item within 24 (twenty-four) business hours of purchase, communicating that shipment has taken place and updating the order status. Otherwise TGM cancels the Transaction and arranges refund to the Buyer under Section 5.2. The Seller is responsible for proper packaging.

8. Interaction and messages on the Site

8.1. Private Messages. Exchange of Private Messages is solely for sharing information about Catalog Items. It is prohibited to send: unauthorised advertising; spam, viruses or worms; mass messages; content contrary to public safety, decency or good morals, offensive or defamatory; unlawful messages or messages harmful to other Users or the Site; harassment; messages aimed at concluding a sale off the Site. TGM may use automated tools to identify unlawful or fraudulent content and, in such cases, block or hide the message and warn the User, up to Account suspension in case of further violations (Section 11). Use of such tools does not constitute a general monitoring obligation and, to the extent permitted by law, does not entail liability for TGM. Automated analysis of Private Messages is limited to identifying unlawful or fraudulent content, is based on TGM's and Users' legitimate interest in platform security and is described in the Privacy Policy. Resulting measures may be contested by the User, with review by TGM staff, under Section 11.6 and Article 22 of Regulation (EU) 2016/679.

9. Liability

9.1. All Users are fully responsible for the information they publish and the Items they offer, sell or transfer. They acknowledge and accept that they are responsible for any Item uploaded, its description, photographs and videos, and any information or statement made (including Private Messages) (together, the "Content"), as well as Transactions and related disputes, except where arising from TGM's breach of its obligations.

9.2. In using the Site, Users must comply with applicable laws and refrain, in particular, from: i) violating third-party rights; ii) violating intellectual property rights or offering counterfeit or third-party Items; iii) offering Items that violate laws or regulations; iv) inciting crimes or acts of discrimination, hatred or violence; v) communicating incorrect or confidential information; vi) publishing defamatory comments; vii) endangering minors; viii) violating others' privacy; ix) impersonating others; x) posting unlawful, false or inaccurate Content. Users must act in good faith.

9.3. TGM acts as a simple intermediary between Buyers and Sellers. If a User violates these General Conditions, they acknowledge and accept that they are solely responsible for losses arising therefrom to third parties or TGM, to the extent permitted by law. Consequently, to the extent permitted by applicable law, TGM is not liable for losses or damage suffered by Users or third parties and, in particular, is not liable for: i) Users' actions or omissions; ii) the adequacy, accuracy, completeness and lawfulness of Content; iii) the safety, quality, authenticity and conformity of Items sold through the Site; iv) problems relating to Transactions, except as expressly provided in these General Conditions. TGM's liability for the Services it provides remains under Sections 2.2 and 12.4. Nothing in these General Conditions excludes or limits TGM's liability for wilful misconduct or gross negligence under Article 1229 of the Italian Civil Code, nor non-waivable liabilities under law.

9.4. As a hosting provider, TGM has no contractual obligation to pre-verify Catalog Content and Items and, to the extent permitted by law, is not liable for related damage. TGM removes unlawful Content that has been duly reported in detail, according to the procedure in points 9.5 and 9.6, and takes action against Users who violate these General Conditions.

9.5. Anyone who identifies gravely unlawful Content (apology for crimes against humanity, incitement to hatred or violence, terrorism, child pornography) must immediately inform TGM through the Support page (https://thegamesmarket.com/en-us/support). In such cases TGM may suspend the Account without notice (including ongoing transactions) and remove the Content.

9.6. Anyone who believes Content violates these General Conditions or their own or third-party rights (for example counterfeiting, defamation, privacy, product safety) may report it to TGM through the Support page (https://thegamesmarket.com/en-us/support).

9.7. If an Item presents a safety problem, Users are recommended to stop using it.

9.8. TGM is not responsible for tax or reporting obligations that may arise for Users from activities on the Site.

9.9. TGM adopts adequate and lawful measures to protect data security, without prejudice to the fact that unforeseeable events such as cyber attacks may nevertheless compromise its systems; Users are recommended to adopt their own protective measures, in particular against viruses.

10. User obligations

10.1. A safe and reliable experience is an essential part of the Services, but also depends on Users' behaviour, who undertake to follow the rules of these General Conditions, including those in this Section 10.

10.2. In using the Site, Users undertake to: provide truthful information during registration; register only once and not create more than one Account; not use the Site for unlawful or fraudulent activities; provide correct, complete and detailed information on Items and related prices; not copy Site content; not use Site content for unlawful purposes.

10.3. Users and Visitors undertake not to: publish misleading or incorrect information; encourage purchase of prohibited or restricted goods; use photographs over which they have no rights, containing links to other sites or depicting third parties without consent, or contrary to good morals; publish Content inciting terrorism, hatred, discrimination or violence; offer Items in violation of third-party intellectual property rights; violate third-party rights or applicable laws; spread viruses or harmful files; promote links to sites or companies offering similar or unlawful services; perform data mining, screen scraping or crawling of the Site; disassemble, decompile or decode parts of the Site; copy, modify or commercialise Site Content without TGM's written consent; use TGM and TGMGrading trademarks, logo or distinctive signs, except as strictly necessary to identify Items for sale on the Site and in any case so as not to suggest partnership or approval by TGM.

10.4. Users undertake not to collect, transmit or disclose other Users' data or Site information when this may harm others' rights, including intellectual property or privacy rights, except through the "share" function on the Site.

10.5. The User keeps their login credentials and password confidential and is solely responsible for activities carried out through their Account. In case of unauthorised access, they promptly inform TGM through the Support page (https://thegamesmarket.com/en-us/support).

10.6. The User promptly updates information that is no longer current or accurate, including Account and uploaded Item information.

10.7. By using the Site, the User declares: i) to be an adult natural person with full capacity to enter into Transactions, or a person authorised to act on behalf of a legal entity; ii) to be responsible for performance of the contract concluded with other Users under Section 4.1; iii) to be aware that by ordering an Item they undertake to purchase it, and that failure to complete may oblige them to reimburse the Seller's losses; iv) to be liable for payment of any Additional Services purchased.

11. TGM's right to limit and block User Accounts

11.1. Limitation and blocking. To offer a safe environment, TGM may, including through automated tools: i) limit use of the Account (for example preventing listing Items, completing Transactions or sending Private Messages, or reducing Item visibility in search results); or ii) temporarily or permanently block the Account. Users whose Account is blocked may no longer access the Site; where possible, they may complete pending Transactions and receive credits already accrued. TGM adopts measures proportionate to the violation and Users' reasonable interests; serious or repeated violations result in permanent blocking, with possible ban on new registration.

11.2. Blocking with notice. TGM may limit or block the Account, with prior written notice and reasonable advance warning, when the User: violates these General Conditions; provides or publishes incorrect, misleading or outdated information; deliberately insults other persons; makes improper or bad-faith use of Site features.

11.3. Immediate blocking. TGM may limit or block the Account with immediate effect and without notice when: i) the Payment Service Provider reports serious suspicions of violation of law or improper use of the Site (unlawful sales, money laundering, fraud, identity theft, false documents); ii) the User abusively initiates a payment dispute through an external provider; iii) use of the Site or Content violates the law or endangers public safety, Users or TGM's legitimate interests (for example Content inciting hatred or relating to child pornography, identity theft, fraud, access from suspicious IP addresses, spamming); iv) legal obligations or imperative reasons exist; v) there is a cybersecurity risk; vi) there are serious or repeated violations. Shipping a different Item, a worthless object or a tampered package constitutes fraud: in such cases TGM blocks the Account, reports to the competent authorities and may act to recover sums and costs incurred, without prejudice to the Seller's indemnity.

11.4. Notification. In the cases in points 11.1 to 11.3, TGM provides the User with written notification of the reasons for the measure, unless this violates legal provisions or Authority measures, obstructs a fraud investigation or facilitates its repetition.

11.5. TGM may investigate any violation and, in compliance with the law (including data protection rules), inform the competent authorities. TGM reserves the right to report violations of law or suspected criminal offences to the competent authorities.

11.6. Complaint. In the cases in this Section 11 and Section 3.8, the User may contest TGM's decision through the Support page (https://thegamesmarket.com/en-us/support). TGM examines the contestation and provides a response where required by applicable law; outside such cases, assessment and any response are at TGM's discretion. TGM, as a micro enterprise within the meaning of Recommendation 2003/361/EC, is exempt from the obligation to establish an internal complaint handling system under Article 20 of Regulation (EU) 2022/2065 (Digital Services Act), without prejudice to the Support channel indicated above.

12. TGM rights and obligations

12.1. TGM may at any time reorganise the Catalog, advertising spaces or other information on Items to make the Site easier to use, without modifying Content provided by Users and without disadvantage to Sellers.

12.2. Promotions. TGM may publish News and propose offers, contests and promotions, in accordance with law. Some features may be temporarily modified or disabled during a promotion. Any special binding conditions are accepted separately by the User and, in case of conflict with these General Conditions, prevail only within the promotion context.

12.3. TGM may cease, suspend or transfer management of the Site to third parties, with 30 (thirty) days' notice to Users.

12.4. Digital services conformity warranty. Users resident in the European Union benefit from the legal conformity warranty on digital content and services provided by TGM, pursuant to Legislative Decree 4 November 2021, no. 173, distinct from the legal warranty on goods under Section 4.1.2. TGM is liable for conformity defects found within two years of supply, or within the period in which the digital service must be provided continuously; the User's national law may provide longer warranties. For Users not resident in the European Union, safeguards under any applicable law apply. For complaints, Users contact TGM as indicated in Section 15.

12.5. Fees. TGM is entitled to the TGM Commission as provided in Section 5.2. TGM does not charge the Buyer any commission in addition to the Total Price.

12.6. Seller identification (DAC7). TGM complies with European rules on identification of sellers through digital platforms, in particular the so-called DAC 7 Directive and subsequent amendments as implemented in Italy, and provides for collection of data and required reporting.

13. Personal data protection

13.1. The Privacy Policy describes personal data collected by TGM and processing purposes and is available at Privacy Policy https://www.iubenda.com/privacy-policy/85708968 and Cookie Policy https://www.iubenda.com/privacy-policy/85708968/cookie-policy. The Policy is a separate document and does not form part of these General Conditions.

13.2. The User provides TGM with accurate data and communicates any changes without undue delay, updating their Account information.

13.3. When the User processes personal data independently of TGM, they are responsible for compliance with applicable law, in particular the General Data Protection Regulation.

14. Catalog product rules for all Sellers

14.1. Permitted Items. Only video games, consoles and accessories graded by an Approved Grading Company (TGMGrading, PixelGrading, WATA, PSA, VGA, CGC) and related to video game collecting, with the certified container intact and corresponding to the declared grade, may be sold on the Site. TGM may update the list of Approved Grading Companies and redefine permitted Items, removing non-compliant Items at its discretion.

14.2. Prohibited Items. It is prohibited to list any Item that is not a video game, console or accessory graded by an Approved Grading Company and related to video game collecting. Therefore prohibited, by way of example, are: ungraded video games, consoles and accessories; video game guides; ungraded comics and models; spare parts; protective covers; and any object unrelated to video game collecting. Non-compliant Items are removed without notice and may be reported by other Users.

14.3. General rules. Each Item must be uploaded separately in its category, with a single listing, indicating condition, provenance, format and status, and noting any defects or particularities in the description. It is prohibited to upload unavailable or already sold Items, or listings not corresponding to a real Item. The maximum value per Item is EUR 200,000. For high-value Items (from EUR 500 upwards) TGM reserves the right to request additional documentation from the Seller. Listings with a price manifestly inconsistent with real value may be removed or reported to the competent authorities.

14.4. Listing photographs. Each listing must contain at least 3 photographs: i) 3/4 side view of the front; ii) 3/4 side view of the back; iii) detail of the label or identifying element of the Item. All photographs must be on a white background, in square format, without logos, watermarks or marks, even if placed next to the image. The prohibition concerns logos, watermarks or marks added by the Seller and not the Grading Company mark printed on the certified slab. Photographs must show the Item as it is, without retouching, be clear and sharp, and have been taken by the Seller for use on TGM, not taken from other Users or other sites. It is prohibited to upload retouched or AI-generated images. Additional photographs may be added, up to a maximum of 10 in total, highlighting any defects, wear or damage.

14.5. Intellectual property. It is strictly prohibited to upload counterfeit Items that copy or imitate a product's trademark or distinctive features without authorisation. Users may upload only Items of which they are absolutely certain of authenticity and lawful origin, and may not include disclaimers of responsibility for authenticity. It is prohibited to use irrelevant trademarks in the title, description or as hashtags, to use expressions such as "inspired by" or "like" followed by a trademark, and to sell unauthorised reproductions. It is however permitted to indicate the trademark or title of the video game solely to describe the genuine Item actually offered for sale; any other use suggesting non-existent origin, authorisation or commercial connection remains prohibited.

14.6. Sanctions. In case of violation of the Catalog Rules, TGM may: make the listing invisible requesting modifications to be made within 24 hours; remove a listing including a prohibited Item; suspend, permanently block or delete the Account of a User who repeatedly uploads prohibited Items, without notice. TGM may modify these rules at its discretion.

15. Applicable law, dispute resolution, withdrawal and termination

15.1. Applicable law and jurisdiction. These General Conditions are governed by Italian law. When the User is a consumer, mandatory rules for their protection under the law of the EU Member State in which they reside remain unaffected, and the courts of the place of residence or chosen domicile of the consumer have exclusive jurisdiction. When the User or Visitor is not a consumer, the Bergamo Court has exclusive jurisdiction over any dispute relating to these General Conditions and the relationship with TGM.

15.2. Amicable resolution. In case of disagreement, the User is invited to send a written complaint to Customer Service through the Support page (https://thegamesmarket.com/en-us/support). The parties endeavour to reach an amicable solution. The complaint in this Section concerns the relationship with TGM and is distinct from the Claim Submission Period under Section 4.6, relating to the individual Item. The consumer court under Section 15.1 remains unaffected. Disputes between Sellers and Buyers remain outside TGM's scope. Pursuant to Articles 141-sexies and 141-decies of the Consumer Code, TGM declares that it does not adhere to any alternative dispute resolution (ADR) body and does not use such procedures. The consumer's right to refer, if they wish, to a competent ADR body registered in the list kept by national authorities, as well as to bring proceedings before the competent court under Section 15.1, remains unaffected.

15.3. Withdrawal from the relationship with TGM. The User may withdraw from the relationship with TGM at any time, with immediate effect, remaining obliged to fulfil obligations of Transactions already concluded. Withdrawal is exercised by deleting the Account or sending a communication through the Support page (https://thegamesmarket.com/en-us/support).

15.4. TGM intellectual property. TGM and its respective licensors own all rights, in particular intellectual property rights, relating to the Site, its system and algorithms, layout and design, software, trademarks and domain names. "The Games Market"® and the mascot "Mr Boy"® are registered European Union trademarks of The Games Market S.r.l. (EUIPO nos. 018846349 and 018846383). "TGM" and "TGMGrading" are unregistered trademarks of The Games Market S.r.l., used as distinctive signs and protected as such. Any unauthorised use of TGM trademarks and distinctive signs is prohibited.

15.5. Content licence. By submitting Content, in particular photographs, the User grants TGM, free of charge, a non-exclusive worldwide licence for the duration of the related rights, to use, copy, reproduce, display and adapt the Content in order to publish and promote Items on the Site and enable its operation. Use of Content for additional advertising purposes is subject to the User's consent, which may be activated or revoked in their Account settings. The User warrants that they are the author or otherwise hold rights to photographs and other uploaded Content; depiction of third-party trademarks, titles and covers on the Item is permitted solely to describe the genuine specimen offered for sale. The User is solely responsible for Content and holds TGM harmless from any third-party claims connected to it.

15.6. Communications. Communications and information requests between User and TGM take place through the Support page, available at https://thegamesmarket.com/en-us/support, or by email to the address provided at registration.

15.7. No partnership. These General Conditions do not create any partnership, employment, agency or franchising relationship between TGM and Users.

15.8. Assignment. TGM may transfer or assign to third parties the rights and obligations under these General Conditions, in particular in case of extraordinary transactions and subject to Section 12.3, provided this does not reduce consumer protection. TGM informs Users with 15 (fifteen) days' notice; the User may withdraw immediately and close the Account. Users may not assign their rights or obligations.

15.9. Reports. The User may at any time send reports on access to, use of or operation of the Site through the Support page (https://thegamesmarket.com/en-us/support).

15.10. Partial invalidity. The possible invalidity of one clause does not prejudice the validity of the remaining clauses.

15.11. Entire agreement. These General Conditions and the documents referred to therein constitute the entire agreement between TGM and the User and replace any prior understanding relating to the same subject matter.

Declaration pursuant to Articles 1341 and 1342 of the Italian Civil Code

Pursuant to Articles 1341 and 1342 of the Italian Civil Code, the non-consumer User declares that they have read, understood and specifically approves the following clauses: 2.7 and 2.8 (Modifications to the General Conditions), 2.10 and 2.11 (modifications to Services and applicable version), 3.9 (TGM's right not to give reasons for refusal of Seller or Item), 4.2 (Purchases off the Site), 4.6 and 4.10 (lapse of the Claim Submission Period and release in favour of the Seller), 5.2.1 (suspension and denial of payment to the Seller), 5.3 (restrictions on use of the Integrated Payment System), 9.1, 9.3 and 9.4 (TGM liability limitations and exclusions), 11 (TGM's right to limit and block Accounts), 12.3 (Cessation of the Site), 15.1 (Applicable law and jurisdiction), 15.8 (Assignment).

Annex A. Withdrawal form

To be completed and returned only if you wish to withdraw from the contract.

• Addressee: the professional Seller, with company name, geographic address and, if available, phone number and email address, as indicated in the listing and order confirmation.
• I/We hereby give notice that I/we withdraw from my/our contract of sale of the following Item: [description and grade of the Item].
• TGM order number: [...].
• Ordered on / received on: [date].
• Consumer name: [...].
• Consumer address: [...].
• Date: [...].
• Consumer signature (only if this form is notified in paper version): [...].