Terms of Service

These terms apply to the use of the online marketplace at www.gampeon.com (the “platform”), including all related services such as user accounts, listing management and notifications.

The platform is operated by, and your contract for using the platform is with: Gampeon, Inc., a corporation formed under the laws of the State of Delaware (USA), 651 N Broad St, Suite 201, Middletown, DE 19709, USA, represented by its Director Rene Roecker (“we”).

Deviating or supplementary terms of users do not apply, even where we do not expressly object to them.

GAMPEON is a marketplace that connects buyers and sellers of gaming, retro and collector items. We provide the technical infrastructure: listings, search, categories and communication channels.

Purchase contracts for listed items are concluded exclusively between the respective seller and buyer. GAMPEON does not become a party to these contracts and gives no warranty for listings created by users.

Sellers acting as businesses are themselves responsible for complying with the legal obligations that apply to them (e.g. provider identification, consumer information, withdrawal instructions, statutory warranty).

A user account is required to create listings. Registration is only permitted for adults with full legal capacity.

Information provided during registration must be truthful; the registered email address must be current and reachable. Only one account per person is permitted; accounts are not transferable.

You must keep your credentials confidential. If you suspect that third parties have access to your account, please inform us without delay and change your password.

You can delete your account yourself at any time via the account page. Details on the processing of personal data can be found in the privacy policy.

You may only offer items that you own or are entitled to sell, and that are legally tradable.

Listings must describe the item truthfully, completely and unambiguously. Condition statements (e.g. “Mint”, “CIB”, “Very good”) must be made to the best of your knowledge; known defects must be disclosed.

Photos must show the actual item on offer and must be taken by you. Third-party product photos, catalogue images or misleading presentations are not permitted.

Duplicate listings of the same item and measures that manipulate search results, categories or prices are likewise not permitted.

We are entitled, but not obliged, to review listings before or after publication.

The following may not be offered on the platform in particular:

— counterfeits, bootlegs and reproductions not labelled as such (e.g. repro cartridges, reprinted trading cards, fake packaging or certificates of authenticity);

— stolen, embezzled or otherwise unlawfully obtained goods;

— items whose sale, possession or shipment violates applicable law, including indexed or confiscated media and content harmful to minors outside the legally permitted framework;

— pirated copies as well as hardware or software whose primary purpose is the unlawful circumvention of technical protection measures;

— digital accounts, keys or credits whose resale violates the terms of the respective provider or whose origin cannot be verified.

Descriptions and images must not contain unlawful, offensive, discriminatory or misleading content.

Purchases are processed through the platform. Payment runs through our payment service provider Stripe; the purchase contract is formed between buyer and seller, and GAMPEON does not become a party to it.

The purchase price is not paid out to the seller immediately but stays in buyer protection until the purchase is complete. If the buyer confirms receipt, the purchase counts as complete; without a confirmation we close it automatically 14 days after the shipment is reported. The payout to the seller follows via the payment service provider.

The price stated by the seller is a total price and includes shipping within the delivery countries we support. No additional shipping cost may be charged, neither in the listing nor afterwards.

You can buy several items from one seller together. Such a purchase is a contract over several goods with that one seller, settled in a single payment, and the items are sent as one parcel. Items from different sellers are always paid for separately, because each seller is your contract partner and the money goes to them directly. A cart reserves nothing — an item is only committed once payment starts.

Sellers undertake to dispatch sold items promptly, carefully and in transport-safe packaging with suitable proof of postage, and to report the shipment in the order.

Whether you have a right of withdrawal depends on who is selling. With a trader the statutory 14-day right of withdrawal applies; with a private individual it does not. Every seller declares which of the two they are, and that declaration appears on each listing. GAMPEON buyer protection applies in both cases.

The right of withdrawal is against the trader, not against GAMPEON — the contract of sale is between you and them, so it is they who must inform you. So that the instructions are identical and complete across GAMPEON, we prescribe the wording; traders are required to use it unchanged and with their own details. [PLACEHOLDER: the model text below is the official wording of Annex I to Directive 2011/83/EU, as transposed in German law by Annexes 1 and 2 to Art. 246a EGBGB. It is in place but has NOT been legally reviewed. To be checked before launch, in particular: when the period starts for bundle purchases (§ 6(4) of these terms allows several items in one consignment), who bears the cost of return, and which national version applies to buyers outside Germany — § 15 of these terms provides for Maltese law subject to the mandatory consumer protection rules of the buyer's country of residence.]

Model withdrawal instructions — Right of withdrawal: You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform the seller — name, address and email address are shown in their profile — of your decision to withdraw from this contract by an unequivocal statement (for example a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal: If you withdraw from this contract, the seller shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by them), without undue delay and in any event not later than 14 days from the day on which they are informed about your decision to withdraw from this contract. They will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. They may withhold reimbursement until they have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to the seller without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to them. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Model withdrawal form (complete and return this form only if you wish to withdraw from the contract) — To [name, address and email address of the seller]: I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*). Ordered on (*) / received on (*). Name of consumer(s). Address of consumer(s). Signature of consumer(s) (only if this form is notified on paper). Date. (*) Delete as appropriate.

Creating an account and listing items are free. Fees only apply once an item sells.

On purchase, the buyer pays a buyer protection fee on top of the item price. It is 6.9% of the item price, at least €0.70, and is shown as an amount before the purchase is completed.

If you buy several items from one seller together, the buyer-protection fee applies once per payment and is calculated on the sum of the item prices — not per item. With low individual prices that is cheaper than separate purchases, because the minimum applies only once.

The seller is credited the item price they stated; the buyer bears the buyer protection fee. Because the price includes shipping, the seller covers the shipping cost out of that amount.

Should fees change, we will inform you transparently about the amount and calculation in advance. Changes apply only to listings and sales created after they take effect.

The main parameters by which listings are ranked in search and catalogue, and their relative weighting, are permanently available under “Ranking & sorting” and linked directly beside the results list.

Sellers may promote a listing for a fee. Such a listing precedes the others in the default “newest first” order only, and is labelled “Sponsored” everywhere it appears. If you choose a price order, paid placement has no effect.

Paid placement changes neither the price nor buyer protection and is not a judgement of quality.

The order is not personalised.

We expect respectful conduct. Harassment, threats, discrimination and deception of other users are prohibited.

Also prohibited are the manipulation of reviews or search results, automated extraction of platform data (scraping) without our consent, and interference with the technical infrastructure, in particular the circumvention of security measures.

You can report suspected unlawful content or violations of these terms to us at any time: via our reporting form at www.gampeon.com/en/melden, by email to abuse@gampeon.com or, if you are signed in, using the report function on the listing itself. The email address is open to anyone, including people without an account.

We review reports promptly and carefully. In the event of violations we may — taking severity and proportionality into account — remove content, end listings, restrict features or suspend accounts temporarily or permanently. In the case of serious violations, in particular counterfeits or attempted fraud, suspension may take effect immediately.

Affected users are informed of measures and their essential reasons and may request a review via the contact named above. Statutory rights and obligations, in particular under Regulation (EU) 2022/2065 (Digital Services Act), remain unaffected.

The platform is under active development. We strive for high availability but do not owe uninterrupted accessibility; maintenance and technical disruptions may lead to temporary restrictions.

We continuously develop the platform and may change, extend or discontinue features within a scope reasonable for users.

We are liable without limitation for intent and gross negligence as well as for damage resulting from injury to life, body or health.

In cases of slight negligence we are only liable for the breach of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely), limited to the foreseeable damage typical for this type of contract.

We accept no liability for content, statements and listings of users or for the performance of contracts concluded between users.

Mandatory statutory liability remains unaffected.

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

We may amend these terms with effect for the future, for example for new features (such as the introduction of checkout), changes in the law or to close regulatory gaps.

We will inform registered users of changes in text form in good time before they take effect. For material changes we will actively obtain consent.

The law of the State of Delaware, United States of America, applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a consumer with habitual residence in the European Union, you retain the protection of the mandatory consumer protection provisions of the state in which you have your habitual residence.

Should individual provisions of these terms be or become invalid, the validity of the remaining provisions remains unaffected.

These terms are available in German and English. In the event of discrepancies, the German version prevails.