Terms of service

OVERVIEW
Welcome to TCGplate! The terms “we,” “us,” and “our” refer to TCGplate. TCGplate operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). TCGplate is based on Shopify, which enables us to provide you with the services. 

The following terms and conditions, together with the policies referenced herein (these “Terms and Conditions” or “Terms”), describe your rights and obligations when you use the services.

Please read these Terms and Conditions carefully as they contain important information about your legal rights and cover topics such as warranty exclusions and liability limitations.

By visiting, interacting with, or using our services, you agree to these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our services. 

SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you declare that you are of legal age in the state or region where you reside and that you have given us your consent to allow your minor dependents to use the services on devices that you own, have purchased, or manage.
To use the services, including accessing or navigating our online shops or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and delivery information. You warrant and represent that all information you provide in our shops is accurate, current, and complete and that you are fully authorized to provide such information.
You alone are responsible for the security of the login credentials for your account and for all activities on your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS
We have made every effort to represent our products and services in our online shops as accurately as possible. However, please note that colors or the appearance of the products may differ from the colors displayed on your screen due to the device you use to access the shop as well as its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the representations in our online shops.
All product descriptions may be changed at any time and without prior notice at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of products we offer to a person, in a geographic region, or within a jurisdiction on a case-by-case basis.

Section 3 – ORDERS
By placing your order, you make an offer to purchase. tcgplate reserves the right to accept or reject your order at its sole discretion for any reason. Your order is only considered accepted after confirmation by tcgplate. Acceptance of your order is subject to receipt and processing of your payment. Please review your order carefully before submitting it, as tcgplate may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, change, or cancel an order, we will try to notify you via the email address, billing address, and/or phone number provided at the time of order.
Returns or exchanges of your purchases are only accepted in accordance with our right of withdrawal [LINK].
You warrant and represent that your purchases are for your personal use or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING
Prices, discounts, and special offers may change without prior notice. The price charged for a product or service is the price valid at the time of order and is stated in the order confirmation you receive by email. Unless explicitly stated otherwise, the prices shown do not include taxes, shipping, handling, customs, or import fees.
The prices listed in our online shops may differ from the prices in physical stores or in online shops or other shops operated by third parties. From time to time, we may offer promotions for the services that can affect pricing and are subject to different terms and conditions than these. In case of discrepancies between the terms of a promotion and these terms and conditions, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is truthful, accurate, and complete, (ii) you are authorized to use this credit card for the purchase, (iii) the charges you incur will be honored by your credit card company, and (iv) you will pay the charges you incur at the stated prices, including shipping and handling fees and all applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Once we hand over the products to the shipping carrier, ownership and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, service marks, texts, representations, images, graphics, product reviews, video and audio files, as well as their design, selection, and arrangement, are the property of tcgplate, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms and Conditions allow you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit the material in the Services. Unless expressly provided herein, no provision of these Terms and Conditions grants you a license or other rights to patents, trademarks, copyrights, or other intellectual property of tcgplate, Shopify, or third parties, nor can such a grant be implied from these provisions. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by tcgplate.
The names, logos, product and service names, designs, and slogans of tcgplate are trademarks of tcgplate or its affiliates or licensors. You may not use these trademarks without prior written permission from tcgplate. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS
You may gain access to customer tools offered by third parties as part of the Services, which we neither monitor nor control or influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim any liability arising from or related to the use of optional third-party tools.
The use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and accepting the terms under which the tools are provided by the respective third parties.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features are also considered part of the Services and are subject to these Terms and Conditions.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including all embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites you access at your own discretion. If you choose to leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for any damages or losses resulting from your access to third-party websites or from the purchase or use of products, services, resources, or content on third-party websites. You should carefully review the third party’s policies and procedures and ensure you understand them before completing any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
[HINWEIS FÜR HÄNDLER: Dieser Abschnitt charakterisiert die Beziehung von Shopify zu Ihrem Shop präzise und sollte nicht entfernt oder geändert werden].
tcgplate is operated by Shopify, which enables us to provide the services to you. However, all sales and purchases you make in our shop are completed directly with tcgplate. By using the services, you acknowledge and agree that Shopify is not responsible for any aspects of the transactions between you and tcgplate, including any injuries, damages, or losses arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for any claims, damages, and liabilities arising from or related to your purchases and transactions with tcgplate.

SECTION 10 – PRIVACY POLICY
All personal data we collect through the services is subject to our Privacy Policy, which can be viewed here. Additionally, certain personal data may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the services, you confirm that you have read these privacy policies.
Since the services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the services in order to provide and improve the services for you. Data you submit to the services is shared with Shopify as well as third-party providers who may be located in countries different from your country of residence to provide the services to you. Our Privacy Policy contains more information about how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK
When you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively referred to as "feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms and Conditions.
You also warrant and represent that: (i) you own all feedback content or have full rights to it; (ii) you have disclosed any compensation or incentives received in connection with submitting your feedback; and (iii) your feedback complies with these Terms and Conditions. We are not obligated to (1) keep your feedback confidential, (2) pay compensation for your feedback, or (3) respond to your feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove feedback that we, at our sole discretion, consider unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms and Conditions.
You warrant that your feedback does not infringe on the rights of any third party, including copyrights, trademark rights, privacy rights, personality rights, or other personal or property rights. You further warrant that your feedback does not contain defamatory or otherwise unlawful, offensive, or obscene statements and is free from computer viruses or other malware that could in any way impair the operation of the Services or any related website. You may not use a false email address, impersonate another person, or mislead us or third parties about the origin of the feedback. You bear sole responsibility for your feedback and its accuracy. We assume no responsibility or liability for feedback published by you or a third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping costs, durations, and availability. In the event of inaccuracies, we reserve the right to correct errors, inaccuracies, or omissions, to change or update information, or to cancel orders at any time without prior notice (even after you have submitted your order).

SECTION 13 – PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not directly or indirectly access or use the Services: (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial, or state regulations, statutes, laws, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms and Conditions; (g) to transmit or cause the transmission of advertising or promotional material, including "junk mail," "chain letters," "spam," or other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits the use of the Services or that, in our sole discretion, may harm tcgplate, Shopify, or the users of the Services or expose them to liability.
Furthermore, you agree to refrain from: (a) uploading or transmitting viruses or other types of malicious code that in any way impair the functionality or operation of the services; (b) reproducing, duplicating, copying, selling, reselling, or exploiting parts of the services; (c) collecting or tracking personal data of others; (d) engaging in spam, phishing, pharm, pretext, spider, crawl, or scrape activities; or (e) compromising or circumventing the security features of the services or any related website, other websites, or the internet. We reserve the right to suspend, disable, or close your account at any time without prior notice if we determine that you have violated any part of these terms of service.

SECTION 14 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP
We may terminate this agreement or your access to the services (or parts thereof) at any time without prior notice at our sole discretion. You remain liable for all amounts due up to the date of contract termination.
The following sections shall survive the termination of the contractual relationship: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability Clause, Waiver Clause, Entire Agreement, Assignment, Governing Law, Privacy Policy, and all other provisions that by their nature should survive termination.

SECTION 15 – WARRANTY DISCLAIMER
The information displayed in or through the Services is for general informational purposes only. We make no guarantees as to the accuracy, completeness, or usefulness of this information. If you rely on this information, you do so at your own risk. We disclaim all liability and responsibility arising from your or other visitors’ or persons informed by the content relying on these materials.
UNLESS EXPRESSLY STATED BY tcgplate, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, tcgplate, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST SAVINGS, DATA LOSS, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN CONTENT OR ANY LOSSES OR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless tcgplate, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorney’s fees, payable to third parties arising out of (1) your breach of these Terms and Conditions or the documents they reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claims, provided that failure to notify promptly does not relieve you of your obligations unless you are materially prejudiced by such failure. We may control the defense and settlement of such a claim at your expense, including the choice of legal counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of indemnity claims, including by providing relevant documents.

SECTION 18 – SEVERABILITY CLAUSE
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision shall remain effective to the fullest extent permitted by law, and the unenforceable part shall be severed from these Terms and Conditions. The validity and enforceability of the remaining provisions shall not be affected by such a determination.

SECTION 19 – WAIVER, ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and all policies or operating rules published by us on this website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede all prior or contemporaneous agreements, communications, and offers, whether oral or written, between you and us (including but not limited to previous versions of the Terms and Conditions).
Ambiguities in the interpretation of these Terms and Conditions shall not be construed against the party that drafted them.

SECTION 20 – ASSIGNMENT
You may not assign, transfer, or delegate this agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so is null and void. We may assign, transfer, or delegate these terms and our rights and obligations without your consent or notice.

SECTION 21 – APPLICABLE LAW
These Terms and Conditions and all separate agreements under which we provide you with services are subject to the federal and state or territorial courts of the country where tcgplate has its principal place of business and are governed accordingly. You and tcgplate agree to the jurisdiction and personal authority of these courts.

SECTION 22 – HEADINGS
The headings used in this agreement are for convenience only and have no effect on these Terms and Conditions.

SECTION 23 – CHANGES TO THE TERMS AND CONDITIONS
You can view the current version of the Terms and Conditions at any time on this page.
We reserve the right to update, change, or replace parts of these Terms and Conditions at our sole discretion by posting updates and changes on our website. It is your responsibility to review our website regularly for changes. We will inform you of any material changes to these terms in accordance with applicable law. Such changes take effect on the date specified in the notice. By continuing to use or access the Services after changes to these Terms and Conditions have been posted, you agree to those changes.

SECTION 24 – CONTACT INFORMATION
If you have any questions about the Terms and Conditions, please contact info@tcgplate.de

Our contact information is listed below:
Philipp Schott 
TCGplate
info@tcgplate.de
Eichenstraße 10 
71149 Bondorf 

Exempt from VAT due to the small business regulation according to § 19 UStG.
VAT ID No.: DE332416194