Draft. This is a working draft of the Mystery Cards Buyer Terms. It will be replaced by the final version.
Agreement to these Terms
These Mystery Cards Buyer Terms (the “Buyer Terms”) govern your purchase of Sealed Cards through the Mystery Cards programme operated by Venda LLC, doing business as Venda (“Venda”, “we”, “us”), on venda.io and its related applications and services (the “Services”).
The Buyer Terms are a Supplemental Term incorporated into the Venda Terms and Conditions (the “Legal Terms”) by reference. You must accept the Buyer Terms before your first purchase of a Sealed Card. Venda records the version you accepted, your registered email address, the date and time of acceptance and the IP address from which it was given.
Where the Buyer Terms conflict with the Legal Terms on a matter the Buyer Terms expressly govern, the Buyer Terms prevail. Where a Country Annex to the Legal Terms applies to you, that Annex prevails over both. Capitalised terms used but not defined here have the meaning given to them in Section 29 of the Legal Terms.
IF YOU DO NOT AGREE WITH THESE BUYER TERMS, DO NOT PURCHASE A SEALED CARD.
1. What you are buying
1.1 A Sealed Card is one individual physical collectible Card, sold to you by a Store, before the identity of that Card is disclosed to you. Before you pay, the Services display to you: the price; the tiers applicable to the Drop and how many of its Cards fall within each published value band; the Guaranteed Minimum Value; the participating grading companies or stated conditions, as applicable; the end date of the sale period; and the length of the wait before Opening. The identity of the Card you have purchased is disclosed to you at Opening.
1.2 Every Sealed Card is a Card. Every Card is worth, at the date of Opening, not less than the Guaranteed Minimum Value published for that Drop. No purchase concludes without a Card being made available to you.
1.3 These Terms do not establish a raffle, a sweepstake, a lottery or a game of chance, and nothing is drawn. The Cards comprised in a Drop are fixed, in a fixed order, before the first sale. Each Sealed Card is a numbered position in that order, and the Card corresponding to each position is determined at the moment the Drop is sealed. When you purchase a numbered position you purchase one particular Card, which already exists and is already determined; you have not yet been told which Card it is. No cash prize is offered, no sum is staked, and no fee is charged for participation in anything.
1.4 Venda is not the seller. The Store sells the Card to you. Venda operates the Services, publishes and enforces the rules set out below, and holds neither the Card nor the price.
2. Who you are contracting with
2.1 The contract of sale is between you and the Store. The identity of the Store is displayed to you before you pay.
2.2 Venda does not receive, hold or take custody of the price. Payment transfers directly from your Digital Wallet to the Store’s.
2.3 Venda does not take custody of the Card. The Store holds the Card from the moment of sealing until you receive it.
2.4 Venda’s obligations to you are those set out in these Buyer Terms and in the Legal Terms. Nothing in these Buyer Terms limits any right conferred on you by the consumer law of your country of residence that may not lawfully be waived.
3. Eligibility and purchase limits
3.1 You must be aged 18 or over. By purchasing a Sealed Card you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Buyer Terms.
3.1A Venda may require you to verify your age or identity where it has reasonable grounds to doubt either, and may suspend your access to Mystery Cards until you do so. Where Venda establishes that a purchaser was under 18 at the time of purchase, it will cancel the purchase and procure a full refund, and the Card reverts to the Store.
3.2 You may purchase up to ten (10) Sealed Cards in a single purchase.
3.3 You may at any time, from your account: set a daily, weekly or monthly spending limit; or suspend your own access to Mystery Cards. A suspension takes effect immediately. A request to raise or remove a limit takes effect only on the expiry of seventy-two (72) hours from the request.
3.4 Venda may decline or reverse a purchase where it has objective grounds to believe that the purchaser has not satisfied clause 3.1, or that the purchase breaches the Legal Terms.
4. What a Sealed Card contains
4.1 Each Sealed Card comprises one individual Card, which may be graded or ungraded. It never comprises more than one Card, and it never comprises Sealed Product — no booster packs, boxes or tins.
4.2 Graded Cards. Where a Drop comprises graded Cards, it states the participating grading companies. Venda and the Store reproduce the grade and certification number assigned by the relevant grading company. The grade is the responsibility of the grading company, and neither Venda nor the Store represents that a re-grade would produce the same result.
4.3 Ungraded Cards. Where a Drop comprises ungraded Cards, it states the condition of each by reference to the Venda condition standard published on the Services, so that the same description carries the same meaning whichever Store you purchase from. The condition stated is the Store’s representation as to that Card, and a claim under clause 8.1(e) is determined against it.
5. How a Drop works
5.1 Sealing. A Store assembles a Drop of between three (3) and fifty (50) individual Cards and places them in a fixed order, which is the Lineup. Before the first sale, the Store publishes the information listed in clause 1.1, and the Lineup is committed by means of a Fingerprint published on the Drop page.
5.2 Sale. Sealed Cards are sold individually and are numbered — for example, card 3 of 20. You may select any number that remains available, or ask Venda to allocate one to you. Selecting a number identifies which Sealed Card you have purchased and has no other effect, because the Card corresponding to every number was determined at sealing.
5.3 Close of the sale. The sale period closes on the earlier of the sale of every Sealed Card in the Drop and the end date set by the Store at sealing, being 7, 14, 30 or 90 days. Numbers that remain unsold at the close revert to the Store. This does not alter the Card corresponding to any number already sold, and it does not alter the Guaranteed Minimum Value applicable to your purchase.
5.4 The wait. Between the close of the sale and Opening there is a waiting period of 1, 3 or 7 days, set by the Store at sealing and displayed to you before you paid. No Sealed Card may be opened during the sale period or during the wait — not by you, not by another buyer, and not by the Store. This restriction is enforced by the Services and exists so that no person may learn what a Drop contains while Sealed Cards remain on sale or in circulation.
5.5 Opening. On the expiry of the wait, Opening commences and you may open your Sealed Card at any time you choose. Any Sealed Card that remains unopened one (1) year after Opening commences opens automatically, so that no Card is left unclaimed.
5.6 Close of the Drop. When every Sealed Card in a Drop has been opened, Venda publishes the full Lineup and the Key, so that any person may verify the Lineup against the Fingerprint published at sealing and confirm that nothing was altered.
5.7 Resale before Opening. From the moment you purchase a Sealed Card until it is opened, you may list it for sale, sell it or transfer it to another user of the Services, and may receive offers in respect of it. The person holding a Sealed Card at Opening acquires the Card comprised in it, and these Buyer Terms apply to that person as they applied to you.
6. The Lineup, the Fingerprint and how your Card is determined
6.1 The Lineup is fixed before the first sale and cannot be altered. No Card may be added to, removed from, substituted within or re-described in a Drop once it has been offered for sale. Any change constitutes a new Drop and applies only to later purchases.
6.2 The Fingerprint published at sealing is a cryptographic commitment to the Lineup. It cannot be computed backwards to reveal the Lineup, but it renders any subsequent alteration of the Lineup detectable.
6.3 The Card you receive is determined by the Lineup and by the number you hold, and by nothing else. There is no draw, no spin, no randomised allocation at the moment of opening, and no seed, counter or other variable that determines an outcome. Opening is the disclosure of a fact already established.
6.4 Knowledge of a Drop’s contents. The Store that sealed the Drop knows its contents. Venda holds the sealed Lineup for the purposes of publishing the Fingerprint, operating the Services and determining claims. Neither the Store nor Venda may alter the Lineup after sealing, and neither may disclose any part of it before Opening. Doing so is a breach of the Store Program Agreement and grounds for cancelling the Drop and refunding affected buyers.
6.5 What the published odds mean. The odds published for a Drop describe how the Cards comprised in that Drop are distributed across the tiers — how many of its Cards fall within each published value band. They are a description of the contents of a fixed set. They are not a statement of probability that any event will occur, and they are not a prediction in respect of any particular Sealed Card.
6.6 What the Services publish during Opening. As Cards are disclosed, the Services publish and update: the Cards already opened; the Cards still sealed and their aggregate value; the number of Sealed Cards remaining; and the distribution of those remaining across the tiers. These figures are arithmetic derived from the committed Lineup. They are a record of what the Drop still contains. They are not a prediction, not an offer, and not a representation that any particular Sealed Card is worth any particular amount.
6.7 Once a Card has been disclosed to you it cannot be substituted, and what you own cannot be altered in your favour or against you. Administrative actions on Drops and configurations are logged.
6.8 Opening animations are illustrative and have no effect on the Card you receive. Any free demonstration feature sells nothing and creates no rights.
7. Price, fees and finality
7.1 The price is displayed to you before you confirm, in the currency of the means of payment you select, and includes all applicable taxes.
7.2 Venda charges fees on transactions. The fees applicable to your purchase are displayed to you before you confirm, and no fee is payable that was not so displayed. The fees in force are set out in the Schedule of Rates.
7.3 Opening occurs on your instruction, or automatically under clause 5.5. Once a Sealed Card has been opened, the purchase is final, save as provided in clause 8 and save for any right you have under consumer law that may not be waived.
8. Your right to a refund
8.1 You are entitled to a full refund of the price and of any shipping charge you have paid where:
- (a) no Card is made available to you;
- (b) the Card made available to you is not the Card disclosed to you at Opening;
- (c) the Card is worth less than the Guaranteed Minimum Value published for the Drop, assessed at the date of Opening and, in the case of an ungraded Card, at its stated condition;
- (d) the Card is not authentic;
- (e) the condition of the Card is materially worse than the condition stated for it; or
- (f) the Lineup published at the close of the Drop does not correspond to the Fingerprint published at sealing, or the Drop did not conform to its published odds or configuration.
8.2 The Store owes you this refund. To claim, submit the claim through the Services within five (5) calendar days of receiving the Card, together with photographs. Venda will determine the claim against the condition stated for the Card, the committed Lineup and the published configuration, and will notify both you and the Store of its determination.
8.3 Where the Store does not refund an upheld claim within three (3) business days, Venda will apply an Account Freeze to the Store and will pursue the refund on your behalf. Venda may also refund you directly and recover the amount from the Store.
8.4 Where a technical failure prevents a Sealed Card from being sold or opened as offered, the transaction is cancelled and the full amount is refunded within fifteen (15) business days.
8.5 Refunds are made by the means of payment used for the purchase, unless you agree otherwise. Venda and the Store do not substitute credit for a refund to which you are entitled.
8.6 Nothing in this clause 8 limits any right of cancellation, return or refund conferred on you by the consumer law of your country of residence.
9. There is no buyback
9.1 Neither Venda nor the Store is under any obligation to repurchase your Card, at any price. Mystery Cards has no buyback, no guaranteed resale and no minimum resale price.
9.2 A Store is not permitted to advertise, offer, imply or suggest that it will repurchase a Card before a Sealed Card has been opened.
9.3 After your Sealed Card has been opened you may keep the Card, list it for sale on the Services like any other Card, or sell it to any person, including the Store. Where you and the Store privately agree a sale, that transaction is between the two of you. It falls outside these Buyer Terms and Venda is not a party to it.
10. Receiving your Card
10.1 Following Opening you elect, through the Services, to receive your Card by collection from the Store or by shipping. Both options, and any charge applicable to them, are displayed before you make that election.
10.2 Collection is free of charge. The Services issue you a collection code. The Store will make the Card available against that code within two (2) business days of its presentation, and will hold it at the address and during the opening hours published on its profile for thirty (30) calendar days. Risk in the Card passes to you when you collect it.
10.3 Shipping. The Store must dispatch the Card within three (3) business days of your paying the shipping charge, and delivery must be completed within fourteen (14) calendar days of that payment. Shipment is tracked. The Store bears the risk in the Card until you receive it.
10.4 Where the Store fails to meet a period in clause 10.2 or 10.3, you may cancel and obtain a full refund of the price and any shipping charge paid; or, where collection has failed, elect shipping at the Store’s cost.
10.5 A Card you have not collected remains yours. It is not forfeited, and the Store may not sell it, pledge it, set it off against any debt or otherwise dispose of it. Venda will contact you and the Card will be held or shipped in accordance with your instructions.
10.6 Where a shipment is returned because the address you provided was incorrect or incomplete, a further shipment is charged separately.
11. Ownership of your Cards
11.1 A Card disclosed to you at Opening is your property from the moment of that disclosure, whether or not you have yet received it.
11.2 Venda will never purchase, sell, transfer or dispose of a Card you own without an instruction from you given after an offer has been made to you. There is no automatic purchase, no forfeiture for inactivity, and no period within which you must claim a Card or lose it.
11.3 An Account Freeze or suspension never affects your ownership of a Card and never prevents you from recovering one. You may at any time collect a Card or request its delivery, subject only to paying any applicable shipping charge.
12. Changes to these Buyer Terms
12.1 Venda may amend these Buyer Terms in respect of future purchases. Material amendments will be notified to you by email or through the Services at least fifteen (15) days in advance and, where appropriate, you will be asked to accept them again.
12.2 No amendment affects a Drop already offered for sale, an Opening already made, a Sealed Card you already hold, or a Card already yours.
12.3 Venda may pause, modify or withdraw a Drop configuration in respect of future purchases. Changes to the Schedule of Rates are governed by the Legal Terms and never apply retrospectively.
13. Suspension and account measures
13.1 Venda may apply an Account Freeze or suspend your access to Mystery Cards in the circumstances set out in the Legal Terms, including where there are objective indications of fraud or manipulation of a Drop.
13.2 Where Venda does so, it will state the reason unless prohibited from doing so by law, and will lift the measure once the cause no longer exists. Clause 11.3 continues to apply.
14. Liability
14.1 Venda’s role in Mystery Cards is that of an intermediary. Venda does not inspect, authenticate, grade or take custody of Cards sold through Mystery Cards.
14.2 Venda is responsible to you for operating the Services in accordance with these Buyer Terms, including publishing the Fingerprint, enforcing the restriction in clause 5.4, determining claims under clause 8.2 and publishing the Lineup and Key under clause 5.6.
14.3 The Store is responsible to you for the authenticity, condition and description of the Card, and for making it available to you.
14.4 Venda’s liability to you is limited as set out in Section 21 of the Legal Terms. Nothing in these Buyer Terms or in the Legal Terms excludes or limits Venda’s liability for fraud, wilful misconduct or gross negligence, or any liability that may not lawfully be excluded or limited, including under the consumer law of your country of residence.
15. General
15.1 Assignment. You may not assign your rights under these Buyer Terms, save that you may transfer a Sealed Card in accordance with clause 5.7. Venda may assign these Buyer Terms to an affiliate or to a successor in title to its business, on notice to you.
15.2 Severability. If any provision of these Buyer Terms is held to be invalid or unenforceable, that provision shall be severed and the remainder shall continue in full force and effect.
15.3 Entire agreement. These Buyer Terms, together with the Legal Terms, the Schedule of Rates, the published condition standard and the configuration published for the relevant Drop, constitute the entire agreement between you and Venda in relation to Mystery Cards.
15.4 Language. Where a Country Annex provides that a language version governs, that version prevails over any other.
15.5 Governing law. These Buyer Terms are governed by the law stated in Section 17 of the Legal Terms, subject to Section 18.10 of the Legal Terms and to any Country Annex applicable to you.
16. Complaints and dispute resolution
16.1 If you have a complaint, contact us at privacy@venda.io. We will acknowledge your complaint and will respond substantively as soon as reasonably practicable.
16.2 Dispute resolution is governed by Section 18 of the Legal Terms, as modified by any Country Annex applicable to you.
16.3 Nothing in these Buyer Terms affects your right, as a consumer, to bring a complaint before the consumer protection authority of your country of residence — in the United Mexican States, the Procuraduría Federal del Consumidor (PROFECO) — or to bring proceedings before the courts of your domicile.