Effective Date: Thursday, 10 July 2025
Last Updated: Thursday, 10 July 2025
Preamble: Welcome to Card Codex
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you, the user (“User,” “you,” “your”), whether personally or on behalf of an entity, and the operators of Card Codex (“Card Codex,” “we,” “us,” “our”), concerning your access to and use of the https://card-codex.com/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). The Site provides an online marketplace for third-party sellers to offer trading card game products and related items (the “Products”) for sale to third-party buyers.
By accessing, browsing, registering for, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our separately posted Privacy Policy and Cookie Policy, which are incorporated herein by reference. This agreement becomes effective the moment you begin to use the Site. If you do not agree with all of these Terms, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any… after the date such revised Terms are posted.
Section 1: The Card Codex Service & User Accounts
1.1 Description of Services
Card Codex operates as an online marketplace platform that enables registered users to act as third-party sellers (“Sellers”) to list, market, and sell trading card game products, and for other registered users to act as third-party buyers (“Buyers”) to purchase such Products. Card Codex’s role is strictly that of a platform facilitator and venue provider; it is not the seller of record for items sold by third-party Sellers on the Site.
1.2 Account Eligibility and Registration
To access the full functionality of the Site, including buying or selling Products, you must register for a user account (“Account”). By registering for an Account, you represent and warrant that:
- You are at least 18 years of age and possess the legal capacity to enter into and form a binding contract. The Site is not intended for use by minors, and individuals under the age of 18 may only use the Site with the direct involvement and supervision of a parent or legal guardian who agrees to be bound by these Terms.
- All registration information you submit will be true, accurate, current, and complete. You agree to maintain the accuracy of such information and promptly update your Account details as necessary.
- You will not register for more than one Account or register for an Account on behalf of another individual without their express authorization.
Card Codex reserves the right to refuse registration, suspend, or terminate an Account for any user, at our sole discretion and without the need to provide a reason.
1.3 User Account Responsibilities and Security
You are entirely responsible for all activities that occur under your Account. This includes maintaining the confidentiality of your password and restricting access to your computer and other devices to prevent unauthorized access to your Account. You agree to accept full responsibility for all purchases, sales, and other activities conducted through your Account, including liability for any payments due.
Your Account is non-transferable and may not be assigned to any other person or entity. You must immediately notify Card Codex at [email protected] of any suspected or actual unauthorized use of your Account, password, or any other breach of security.
1.4 Prohibited Activities and Content
As a condition of your use of the Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these Terms. The following activities are expressly prohibited:
- Illegal Activities: Using the Site or its services to conduct, promote, or facilitate any illegal activity, including but not limited to fraud, theft, money laundering, or the sale of stolen or counterfeit goods.
- Intellectual Property Infringement: Violating the intellectual property rights of Card Codex or any third party. This includes copying, reproducing, or distributing any content from the Site (such as text, graphics, data, images, logos, and video clips) without express written permission, or listing items that infringe upon the copyrights or trademarks of others.
- Abusive and Harmful Conduct: Engaging in harassment, stalking, threatening conduct, or using aggressive, defamatory, obscene, or vulgar language towards other users or Card Codex staff in any communication, including in comments, reviews, or usernames.
- System Abuse and Hacking: Introducing viruses, malware, bots, or any other malicious code to the Site. Engaging in any activity that attempts to hack, tamper with, or breach the Site’s security and defense systems. This includes the use of automated scripts, spiders, or scrapers to collect information or otherwise interact with the Site without our express written consent.
- Circumvention of Marketplace: Attempting to divert Card Codex customers to another website or sales channel, or otherwise circumventing the marketplace sales process to avoid paying fees. This includes placing marketing materials, external links, or messages in shipped orders or communications that prompt users to complete transactions elsewhere.
- Fraudulent and Deceptive Practices: Conducting scams, posting false or misleading information in product listings, or engaging in any form of anti-competitive conduct.
1.5 Company’s Right to Terminate or Suspend Service
The governance of a functional and trustworthy marketplace depends on the ability to enforce its rules. The list of prohibited activities in Section 1.4 provides the foundation for this enforcement. Card Codex expressly reserves the right, in its sole and absolute discretion, to take any action it deems necessary in response to a violation of these Terms. This includes the right to, without notice or liability, suspend or permanently terminate your Account and your access to the Site.
Grounds for termination may include, but are not limited to, a breach of any provision in these Terms, engaging in any prohibited activity, creating risk or possible legal exposure for Card Codex, or for any other reason deemed appropriate by the Company to protect the integrity of the marketplace. The decision to suspend or terminate an Account is final and not subject to appeal.
Upon termination of your Account, your right to use the Site will immediately cease. We may remove any or all of your listings and may, in cases of fraud or illegal activity, be required to withhold funds and report your activities to law enforcement authorities.
Section 2: Marketplace Terms of Sale
2.1 Card Codex’s Role as a Platform Facilitator
This section is fundamental to understanding the legal relationships on the Site. Card Codex provides a venue and is not the seller of the Products listed by third-party Sellers. When a Buyer purchases a Product, the resulting contract of sale is formed directly and exclusively between that Buyer and that Seller. Card Codex is not a party to this transaction or contract.
Our platform serves as a modern-day classifieds section, connecting potential consumers with sellers in an efficient manner. As such, Card Codex:
- Does not own, inspect, store, or take possession of any Products listed or sold by Sellers, unless explicitly stated as part of a specific, separate service program.
- Does not set prices or other terms of sale for Products sold by Sellers.
- Does not guarantee the existence, quality, safety, legality, or authenticity of Products listed by Sellers.
- Does not guarantee the truth or accuracy of Sellers’ content or listings.
- Does not guarantee the ability of Sellers to sell Products or the ability of Buyers to pay for them.
By clearly defining our role as a facilitator, we establish the legal framework that governs liability. Any dispute related to a Product—its condition, authenticity, or delivery—is a matter to be resolved between the Buyer and the Seller, who are the parties to the sales contract. This legal distinction is a cornerstone of how online marketplaces operate and is essential for managing risk and responsibility within the platform ecosystem.
2.2 Seller Obligations
As a Seller on the Site, you agree to the following obligations owed to Buyers and to Card Codex:
- Listing Accuracy: You must provide accurate, complete, truthful, and non-misleading descriptions for all Products you list for sale. This includes, but is not limited to, the card’s name, set/edition, language, condition, and any specific attributes such as “foil” or “1st Edition.” You must list the Product on the correct page and not provide contradictory information in your descriptions.
- Pricing: You are solely responsible for setting the prices for your Products.
- Order Fulfillment: You are obligated to fulfill and ship all orders for which you have received payment confirmation from Card Codex. Shipment must be made promptly and using the shipping method selected and paid for by the Buyer.
- Communication: You must communicate professionally and respond to Buyer inquiries regarding orders in a timely manner, as specified in our dispute resolution procedures.
- Legal Right to Sell: You warrant that you have the legal right and title to sell any and all Products you list on the Site.
2.3 Buyer Obligations
As a Buyer on the Site, you agree to the following obligations:
- Review Listings: You are responsible for reading and understanding the full Product listing, including its description and condition, before committing to a purchase.
- Binding Contract: When you complete the checkout process for a Product, you are entering into a legally binding contract to purchase that Product from the Seller.
- Payment and Shipping Information: You are responsible for providing timely and full payment for all purchased Products and for ensuring that your shipping address on file with Card Codex is accurate and current. Sellers are not responsible for shipments sent to an incorrect address if that was the address provided by you.
2.4 Contract Formation Between Buyer and Seller
A legally binding contract for the sale and purchase of a Product is formed between the Buyer and the Seller at the moment the Buyer completes the checkout process and receives an order confirmation from the Card Codex platform. Card Codex facilitates this process but, as stated in Section 2.1, is not a party to the resulting contract. The structure of these terms—defining the obligations owed between Buyer and Seller and the point of contract formation between them—consistently reinforces the platform’s role as a neutral third-party venue, which is a critical element in legally separating Card Codex from the transaction itself.
Section 3: Product Listings, Condition, and Pricing
3.1 Listing Accuracy and Content
Sellers are solely responsible for the content of their listings. The sale of counterfeit, fake, or replica items is strictly prohibited. Card Codex reserves the right to, at its sole discretion, remove any listing that it suspects to be in violation of this policy and may take further action, including confiscating counterfeit items for evidentiary purposes without compensation and terminating the Seller’s Account.
Sellers must ensure all information within a listing is consistent. For example, a card listed under the “Near Mint” condition category cannot have a description that states it is “Excellent” or has significant flaws. Such contradictory information is considered misleading and is prohibited.
3.2 Card Condition and Grading Standards
The condition of a trading card is a material term of the sales contract between the Buyer and Seller. All users agree that the condition of cards sold on the Site shall be determined in accordance with the official Card Codex Condition Standards defined in the table below. This table serves as the binding, objective benchmark for resolving any disputes related to card condition.
While Sellers may reference professional grades from third-party services such as PSA, BGS, or CGC in their listings, the transaction is ultimately governed by the physical state of the card as it aligns with the platform’s own defined standards. By establishing a clear, contractually binding standard, the platform transforms potentially subjective disagreements into objective assessments based on predefined criteria. This framework is a form of preventative law, designed to reduce the frequency and complexity of disputes, thereby building trust and consistency in the marketplace.
Table 1: Card Codex Condition Standards
Grade | Description of Condition |
Near Mint (NM) | A card in Near Mint condition shows minimal to no wear from shuffling, play, or handling and can have a nearly unmarked surface, crisp corners, and unblemished edges outside of a few minor imperfections. A Near Mint card may have a tiny edge nick or a few minor scratches, but no major defects such as bends, creases, or structural damage. The acceptable range includes both cards with no imperfections and cards with a few, very minor ones. |
Lightly Played (LP) | A card in Lightly Played condition may have minor border or corner wear, or even just a few light scuffs or scratches. There are no major defects such as liquid damage, bends, or structural issues. Noticeable imperfections are acceptable, but they should not be severe or numerous. |
Moderately Played (MP) | A card in Moderately Played condition shows moderate wear but is still clearly legal for tournament play if sleeved. It may have moderate border wear, corner wear, scratching, or scuffing. Minor bends or creases that do not break the structural integrity of the card may be present. |
Heavily Played (HP) | A card in Heavily Played condition shows significant wear. It can have a variety of moderate imperfections along with major creasing, whitening, peeling, or other faults. The card must still be recognizable and playable in an opaque sleeve. |
Damaged | A card in Damaged condition has a defect that may affect its structural integrity or tournament legality, even in a sleeve. This includes tears, holes, significant water damage, major creases that compromise the card’s structure, or ink marks. |
3.3 Pricing, Fees, and Payments
- Pricing: All prices for Products are set by the individual Sellers. Card Codex is not responsible for any pricing, typographical, or other errors in any listing by a Seller. We do not offer refunds or returns based on market price fluctuations that occur after a purchase is completed.
- Fees: Card Codex charges Sellers a fee for using the platform’s services. These fees are calculated as a percentage of the sale price and are automatically deducted from the Seller’s proceeds from a sale. The current fee structure is detailed on our “Fees” page, which is incorporated by reference into these Terms. We reserve the right to change our fees at any time without notice.
- Payments: We accept payment through the methods displayed at checkout. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method.
- Limited Payment Agent: For the purpose of facilitating transactions between Buyers and Sellers, Card Codex acts as a limited payment collection agent for each Seller. You agree that payment made by a Buyer to Card Codex on behalf of a Seller shall be considered the same as a payment made directly to the Seller. The Buyer’s payment obligation to the Seller for a Product is fulfilled upon receipt of the payment by Card Codex. The Seller’s recourse for non-payment by Card Codex is against Card Codex only, not against the Buyer.
3.4 Taxes and Import Duties
All prices listed on the Site are exclusive of any applicable sales taxes (such as VAT, GST), customs duties, tariffs, or other import-related fees. Users are solely responsible for determining and remitting all applicable taxes and duties associated with their purchases and sales. Card Codex is not responsible for calculating, collecting, or remitting these charges on behalf of any user. International Buyers are advised to consult their local customs office for information on potential import fees before making a purchase.
Section 4: Shipping, Returns, and Refunds
4.1 Shipping and Delivery
The Seller is responsible for the proper packaging and shipment of purchased Products. The legal and financial responsibility for the goods remains with the Seller until the Product is physically delivered to the Buyer or a person nominated by the Buyer to receive it (e.g., a neighbor). This means that the Seller, not Card Codex or the courier service, is responsible for resolving any issues that arise during transit, such as loss or damage. Sellers must ship Products to the exact address provided by the Buyer within the Card Codex order details. Shipping to an alternative address may void any platform protections.
4.2 Lost or Damaged Shipments
In the event a shipment is lost or damaged in transit, the Buyer must first contact the Seller through the platform’s messaging system to report the issue. Both the Buyer and the Seller agree to cooperate in good faith to resolve the matter, which may include providing information required for an insurance claim with the shipping carrier. Card Codex may, at its discretion, assist in mediating the dispute if the parties cannot reach a resolution.
4.3 General Return and Refund Policy
Our platform policy is designed to be fair to both Buyers and Sellers.
- Grounds for Return: Returns are accepted only if the Product received by the Buyer is (a) not the item that was ordered, or (b) not in the condition that was advertised, as determined by the official Card Codex Condition Standards in Section 3.2.
- “Buyer’s Remorse”: Returns or refunds will not be granted for reasons of “buyer’s remorse,” which includes changing your mind about a purchase after the order has been placed or dissatisfaction with a Product’s market price change after the transaction.
- Time Limit: A Buyer must initiate a return request by contacting the Seller through the Site within 30 calendar days of the estimated delivery date to be eligible for a refund or replacement.
4.4 Procedure for Discrepancies and Returns
A structured dispute process is essential for efficient and fair resolutions. It empowers users to resolve issues directly, reduces the operational burden on the platform, and creates a clear evidence trail for any necessary intervention. If a Buyer receives a Product that is not as described, they must follow this procedure:
- Contact the Seller: The Buyer must first contact the Seller directly through the Card Codex messaging system within the 30-day timeframe, clearly explaining the discrepancy and providing photographic evidence if applicable.
- Seller Response: The Seller is required to respond to the Buyer’s message within two (2) business days (Monday-Friday, excluding public holidays).
- Resolution Options: The Seller may offer one of the following resolutions, modeled after successful industry practices :
- Partial Refund: If the issue is a minor condition discrepancy (e.g., a card sold as NM is determined to be LP), the Seller may offer a partial refund to compensate for the difference in value. The amount must be mutually agreed upon by the Buyer and Seller.
- Replacement: If the Seller has an identical item in the correct condition in their inventory, they may offer to reship the correct Product. The Seller is responsible for providing a prepaid method for the Buyer to return the incorrect item.
- Return for Full Refund: If a partial refund is not appropriate or a replacement is not available, the Seller must accept a return of the Product for a full refund. The Seller is responsible for the cost of return shipping.
- Platform Intervention: If the Seller fails to respond within the required timeframe, or if the Buyer and Seller cannot reach a mutually agreeable resolution, either party may escalate the dispute to Card Codex customer service. Card Codex will review the communications and evidence provided by both parties and make a binding decision, which may include issuing a refund from the Seller’s funds.
Section 5: Intellectual Property
5.1 Ownership of Card Codex Content and Trademarks
All content, features, and functionality on the Site, including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof (the “Card Codex Content”), are owned by Card Codex, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The name “Card Codex,” the Card Codex logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Card Codex. You must not use such marks without the prior written permission of Card Codex.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial use, or for legitimate business purposes related to your role as a Buyer or Seller. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site without our express written consent.
5.2 User-Generated Content License
To operate the Site, we need the right to use the content you post. When you post, upload, or otherwise submit content to the Site, including product images, descriptions, comments, or reviews (“User Content”), you retain ownership of your content. However, you grant Card Codex a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such User Content. This license is for the limited purpose of operating, promoting, and improving the Site and its services.
5.3 Copyright Infringement Policy (DMCA Compliance)
Card Codex respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances, the Accounts of users who are deemed to be repeat infringers.
If you believe that any User Content on the Site infringes upon your copyright, you may submit a notification pursuant to the DMCA by providing our Copyright Agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be sent to our designated Copyright Agent at [email protected]. This formal procedure provides a “safe harbor” that protects the platform from liability for user-posted content while respecting the rights of copyright holders.
Section 6: Data Privacy
6.1 Commitment to Data Protection
Card Codex is firmly committed to protecting the privacy of its users and handling all personal data with care and respect. We process personal data in compliance with applicable data protection laws globally, including but not limited to the General Data Protection Regulation (GDPR) in the European Union and the United Kingdom, the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), and other relevant legislation.
6.2 Reference to Separate Privacy Policy and Cookie Policy
The comprehensive details regarding our data handling practices are not contained within these Terms. Instead, the collection, use, storage, security, and sharing of your personal information are governed by our separate Privacy Policy and Cookie Policy. These documents provide specific, detailed information as required by law.
By agreeing to these Terms, you also acknowledge that you have read, understood, and consented to the practices described in our Privacy Policy and Cookie Policy, which are legally incorporated into this agreement by reference. These three documents—the Terms and Conditions, the Privacy Policy, and the Cookie Policy—form an interconnected and complete legal framework governing your use of the Site. This modular structure ensures that detailed privacy information is presented clearly and can be updated as required by law, while these Terms serve as the master agreement that binds you to the entire framework. Please review these policies carefully. They can be accessed via the links in the footer of our website.
Section 7: Disclaimers and Limitation of Liability
7.1 Disclaimer of Warranties
THE SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CARD CODEX, ITS AFFILIATES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
CARD CODEX DOES NOT WARRANT THAT: (A) THE SITE WILL BE SECURE, ERROR-FREE, OR UNINTERRUPTED; (B) THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) THE INFORMATION, INCLUDING PRODUCT LISTINGS, PRICES, AND DESCRIPTIONS, PROVIDED ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, OR CURRENT; OR (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7.2 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CARD CODEX, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE OR ITS SERVICES.
UNDER NO CIRCUMSTANCES WILL CARD CODEX BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CARD CODEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
CARD CODEX’S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO CARD CODEX IN THE TWELVE (12) MONTHS PRIOR TO THE ACT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions, such as the United Kingdom and Australia, do not allow the exclusion or limitation of liability for consequential or incidental damages or the exclusion of certain statutory consumer guarantees. Consequently, the above limitations may not apply to you to the extent prohibited by the mandatory provisions of your local law.
7.3 Indemnification by User
You agree to defend, indemnify, and hold harmless Card Codex and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, your use of the Site, including, but not limited to, your User Content, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your dispute with another user.
Section 8: Dispute Resolution, Governing Law, and Jurisdiction
8.1 Disputes Between Users
Card Codex encourages users to resolve disputes with each other directly, following the procedures outlined in Section 4.4. While Card Codex may, in its sole discretion, provide mediation assistance to facilitate a resolution, it is not obligated to do so. Card Codex will not adjudicate legal claims or disputes between users and is not a party to any such dispute.
8.2 Disputes with Card Codex: Mandatory Informal Resolution
As a preliminary step to any formal legal action, you agree to first attempt to resolve any dispute you have with Card Codex informally. You must provide written notice to Card Codex at [email protected] describing the nature and basis of the claim or dispute and the requested relief. Card Codex will have sixty (60) days from the date of receipt of the notice to try to resolve the dispute. If the dispute is not resolved within this period, you may then proceed with formal action as permitted by these Terms.
8.3 Governing Law and Jurisdiction
This is a strategic legal clause designed to create certainty and manage risk for the platform. By selecting a well-established and business-friendly legal system, we aim to ensure that any disputes are handled predictably and efficiently.
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any choice or conflict of law provision or rule.
You and Card Codex irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter. By using the Site, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
8.4 Exception for Consumers with Mandatory Local Protections
The selection of a specific jurisdiction is a standard practice for international businesses. However, it is not intended to, and does not, deprive consumers of the mandatory protections afforded to them by the laws of their country of residence.
Notwithstanding the provisions of Section 8.3, if you are a consumer (i.e., an individual acting for purposes which are outside your trade, business, craft, or profession) residing in a jurisdiction where local law provides you with mandatory consumer rights and protections that cannot be waived by contract, those local laws and jurisdictional rights will apply to the extent required. For example, nothing in these Terms shall prevent a consumer residing in the United Kingdom from bringing a claim in their local courts, including the Small Claims Track where applicable. This clause ensures our Terms are enforceable globally by acknowledging and respecting fundamental, non-waivable consumer rights.
Section 9: International Provisions and Mandatory Consumer Rights
Introduction
Card Codex operates internationally and acknowledges that users in certain jurisdictions are entitled to specific, non-waivable statutory rights. While the primary agreement is governed by the terms above, this section serves as an addendum to clarify and affirm our commitment to honoring these key consumer protections. The following table provides a simplified overview for user convenience, followed by more specific details.
Table 2: Summary of Key International Consumer Rights
Right / Jurisdiction | United Kingdom (CRA 2015) | European Union (CRD) | Australia (ACL) | California (CCPA/CPRA) |
Right to Return (Faulty Goods) | Yes (30-day short-term right to reject) | Yes (Statutory guarantee) | Yes (Consumer guarantees) | Governed by seller policy |
Right to Return (Change of Mind) | Yes (14-day cooling-off period) | Yes (14-day right of withdrawal) | Governed by seller policy | Governed by seller policy |
Right to Data Deletion | Yes (GDPR ‘Right to Erasure’) | Yes (GDPR ‘Right to Erasure’) | Yes (Privacy Act) | Yes (‘Right to Delete’) |
Right to Opt-Out of Data Sale/Sharing | Yes (GDPR ‘Right to Object’) | Yes (GDPR ‘Right to Object’) | Not applicable | Yes (‘Right to Opt-Out’) |
9.1 Addendum for Consumers in the United Kingdom and European Union
- Consumer Rights Act 2015 (UK): For consumers in the UK, all goods purchased must be: (a) of satisfactory quality, (b) fit for a particular purpose, and (c) as described. If goods are faulty, you have a short-term right to reject them for a full refund within 30 days of receipt. After this period, you may be entitled to a repair or replacement.
- Consumer Rights Directive (EU) & UK Regulations: For consumers in the EU and UK, you have a “right of withdrawal” or “cooling-off period.” You have the right to cancel your contract and return a Product for any reason within 14 days of receiving it. You must inform the Seller of your decision to withdraw, and you will be entitled to a full refund of the product price. This right applies to most transactions, though exceptions may exist for certain types of goods.
- General Data Protection Regulation (GDPR): Data subjects residing in the UK and EU have specific rights over their personal data, including the right of access, rectification, erasure (“right to be forgotten”), and the right to object to processing. These rights are detailed extensively in our Privacy Policy.
9.2 Addendum for Consumers in Australia
- Australian Consumer Law (ACL): For consumers in Australia, purchases come with automatic consumer guarantees. Products must be of acceptable quality, fit for the purpose for which they are sold, and match the description provided. If a product has a major failure, you are entitled to a replacement or refund. For a minor failure, you are entitled to have the product repaired in a reasonable time, or a replacement or refund if it is not.
9.3 Addendum for Residents of California (CCPA/CPRA)
- California Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA): If you are a California resident, you have specific rights regarding your personal information. These include:
- The right to know what personal information we collect, use, disclose, and sell/share.
- The right to request the deletion of your personal information.
- The right to opt-out of the sale or sharing of your personal information.
- The right to correct inaccurate personal information.
- The right to limit the use and disclosure of sensitive personal information.
- The right to non-discrimination for exercising your rights.
Section 10: Miscellaneous
10.1 Entire Agreement
These Terms, together with our Privacy Policy and Cookie Policy, constitute the sole and entire agreement between you and Card Codex regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
10.2 Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
10.3 Modifications to Terms
Card Codex reserves the right to revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. We encourage you to check this page frequently so you are aware of any changes, as they are binding on you.
10.4 Contact Information
All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to our official contact email: [email protected]. For formal legal notices, please use this email address. Providing a clear and accessible point of contact is part of our commitment to open communication and customer service.