General terms and conditions

NIGHTSHARD — www.nightshard.com — As of: 01.12.2025

Provider/Operator

David Kaczmarczyk (Sole Proprietor)
Massenerstraße 81
59423 Unna
E-Mail: info@nightshard.com

1. Scope, Definitions

1.1 These General Terms and Conditions (GTC) govern the legal relationship between the operator of the platform www.nightshard.com (hereinafter "Provider", "Platform", "we") and the registered users of the platform (hereinafter "Users", "you").

1.2 The platform provides a marketplace for the buying and selling of collectible cards (currently: Magic: The Gathering) between private users, as well as an internal payment option in the form of the virtual currency "Shards".

1.3 Supplementary regulations (e.g., fee schedules, escrow rules, privacy notices) may be published separately and are part of the agreement, provided they are clearly accessible before use.

2. Operator and Contact

David Kaczmarczyk
Massenerstraße 81
59423 Unna
Phone: +49 15737557330 (not customer support)
E-Mail: info@nightshard.com
Contact Form

3. Service Description

3.1 The platform allows registered users to post sales offers, purchase offers from other users, and handle payments through the internal currency Shards.

3.2 We operate the technical infrastructure, mediate contracts between users, and provide supplementary services (e.g., escrow management in Shards, payment processing for Shard purchases, invoicing for Shard purchases).

3.3 However, we are generally not a contracting party to the purchase agreements between users (C2C). Contractual fulfillment (shipping, delivery, warranty rights) is the responsibility of the involved users themselves, unless otherwise agreed or regulated in the escrow rules.

4. Registration, Verification, and User Account

4.1 Registration is required to use the platform. Registration is free of charge. A personal user account is created upon registration.

4.2 Complete and accurate information must be provided during registration (name, address, email, date of birth, and, if applicable, company information). Changes must be updated immediately.

4.3 You choose a password and a username. You are solely responsible for keeping your login credentials confidential and are liable for all actions performed using your account, unless you can demonstrably prove otherwise. You should enable two-factor authentication if available.

4.4 After submitting the registration form, the user receives an automatically generated email at the address provided. This email contains a confirmation or verification link. The user is required to click this link to verify their email address and activate their account. By sending the verification email, we are already making an offer to conclude a user agreement. The user agreement is concluded once the user clicks the verification link and thus activates their account. Until successful verification, use of the platform – in particular buying or selling cards, acquiring Shards, and communicating with other users – is completely blocked. We reserve the right to reject registrations without providing reasons.

4.5 We reserve the right to make the use of our service or certain functionalities dependent on specific conditions or metrics. These conditions/metrics include, among others:

• Verification of registration data
• Ratings for sales
• Number of unshipped sales
• Number of unpaid purchases
• Suspicion of fraud

4.6 We reserve the right to reject registrations without providing reasons or to block accounts.

5. User Obligations When Listing Offers and Selling

5.1 When listing offers, the seller must provide truthful and complete information about the item (condition, edition, language, special features, storage location). False information may result in liability.

5.2 Listing counterfeit or illegal items is prohibited. If an item is identified as counterfeit, we reserve the right to take measures (deletion, blocking, reporting to law enforcement authorities).

5.3 Shipping information (including whether tracking is provided) must be correct and complete. Shipping without tracking may affect escrow procedures (see section 9).

6. Shards — Legal Nature and Regulations

6.1 Shards are an internal, virtual currency of the platform. Shards do not constitute legal tender or electronic money. Shards have no value outside the platform.

6.2 Shards can only be acquired, used, and transferred within the platform. Payouts in euros or other currencies are excluded.

6.3 Shards are generally non-refundable, unless mandatory legal provisions dictate otherwise. Exception: explicitly agreed refunds (e.g., additional payments/refunds for a specific order) will be issued as a credit in Shards.

6.4 Upon account deletion or termination of the agreement, any remaining Shards will expire, unless otherwise specified. There is no entitlement to a payout of the remaining balance in real money.

6.5 Shards can be transferred between users in the context of purchases and sales; other transfers are only possible if the platform explicitly allows them.

7. Purchase of Shards (Top-Up)

7.1 Shards can be purchased via the payment options we offer (e.g., PayPal, bank transfer). The available payment methods are displayed during the checkout/order process.

7.2 Purchase prices are shown in euros. After successful payment, the corresponding Shards will be credited to your user account. Credit is usually applied immediately for online payments (e.g., PayPal) or after receipt of payment via bank transfer.

7.3 For each Shard order, an invoice is automatically generated containing all legally required information (invoice number, tax rate, amount, service description). The invoice number is generated at the time of the order and is mandatory.

7.4 Before completing the purchase, you must confirm that the service (crediting of Shards) is executed immediately and that you explicitly waive your right of withdrawal (see withdrawal information section No. 11).

8. Prices, VAT, Invoice

8.1 Standard: All prices include the applicable statutory value-added tax, if applicable.

8.2 The platform provider is subject to VAT; currently, there is no separate VAT identification number. Invoices are issued with VAT shown, where applicable.

8.3 In case of payment defaults, chargebacks, or other cancellations, we reserve the right to reverse credits or debit Shards again, if necessary.

9. Escrow System in Shards

9.1 Buyers and sellers have the option – or, in certain cases, the obligation – to process an order via the platform’s escrow system. The escrow is especially activated when there is a higher risk of fraud or if the buyer and seller agree to it.

9.2 When escrow is active, the platform holds the Shards paid by the buyer in trust until release occurs. Release occurs when: (a) the buyer confirms receipt of the goods, or (b) tracking information proves delivery, or (c) a previously agreed-upon period expires without a justified objection from the buyer.

9.3 Shipping with tracking: If the buyer chooses shipping with tracking, escrow protection is tied to providing a valid tracking number. If the seller cannot provide this, the platform may take measures at its discretion and reverse the Shards to the buyer.

9.4 Shipping without tracking: In this case, escrow is generally not applied. The Shards are credited directly to the seller after payment. In case of a dispute, the seller bears the burden of proof for proper shipping.

9.5 There are no additional fees for using the escrow system; only the general fees outlined in Section 10 apply.

9.6 Rules for delayed or missing delivery

9.6.1 If the buyer reports that an order has not arrived within seven days (within Germany) or fourteen days (cross-border) after shipping, the seller is given a 14-day period to prove proper shipping. If this proof is not provided within the deadline, the platform credits the Shards fully to the buyer’s account.

9.6.2 If the buyer reports that the order has arrived, but the seller has violated other contractual obligations (e.g., wrong delivery, damaged goods, incomplete shipment), the full purchase amount is credited to the seller. The platform is not liable for transport damages. The buyer may assert their legal rights directly against the seller.

9.7 Exclusion of escrow protection

9.7.1 Escrow protection may be excluded at the platform’s justified discretion, particularly if:

• Orders are shipped to an address other than the one specified in the purchase confirmation,
• Different shipping methods are agreed upon at the request of one or both parties,
• The involved parties show fraudulent or abusive intentions.

9.8 End of the escrow process

9.8.1 The escrow system ends no later than six months after the conclusion of the purchase contract between buyer and seller. If by that time no conditions for release to the seller are met, the full payment amount (Shards) will be automatically refunded to the buyer’s account.

10. Fees for Sales

10.1 When selling an item, the seller is charged a platform fee of 1% of the sale price (excluding shipping costs).

10.2 The fee is at least 1 Shard and at most 5,000 Shards (i.e., 1% is calculated, but never less than 1 Shard or more than 5,000 Shards).

10.3 The fee is automatically deducted when the sales proceeds are paid out to the seller. Buyers do not pay any platform fees (except, if applicable, external payment provider fees in Euros when purchasing Shards).

10.4 The amount of the fee and the entitlement to it is independent of the further processing and execution of the purchase contract by the members (this includes any additional payments or refunds between the contractual parties) and is solely based on the time of the sale.

11. Cancellation Policy for the Purchase of Shards

11.1 Right of withdrawal: Consumers generally have a right of withdrawal. However, as the purchase of Shards is considered the delivery of digital content, this right may expire if the consumer expressly agrees in advance that the execution of the order begins immediately and confirms that they lose their right of withdrawal upon commencement of execution.

11.2 In practice: At checkout for the purchase of Shards, the buyer is presented with a clearly visible checkbox containing the following notice: “I expressly agree that the execution of the digital service (crediting of Shards) begins immediately after purchase. I am aware that by doing so, I lose my statutory right of withdrawal.”

12. Conclusion of Contract for Offer and Acceptance (C2C Trading)

12.1 Listing an offer by a seller constitutes a binding offer to conclude a purchase contract.

12.2 The buyer accepts the offer by completing the purchase process; upon acceptance, the purchase contract is concluded exclusively between the buyer and the seller. The platform confirms the conclusion via email.

12.3 The buyer is obliged to pay within the deadline stated in the confirmation; the seller is obliged to ship properly upon receipt of payment and to use the shipping method chosen and paid for by the buyer. Non-payment or failure to ship entitles the other party to take the steps provided by the platform (cancellation, complaint, account suspension).

12.4 We reserve the right to cancel an order after 4 weeks (starting from the conclusion of the contract) if it has not been paid for by the buyer or shipped by the seller.

12.5 The comment fields in the product information section serve only as supplementary information about the product or the entire order and are not part of the concluded purchase contract. No contract-relevant information may be recorded in the comment fields, and it is forbidden to use the field for advertising, either for oneself or for third parties. In the case of conflicting information between the comment field and the product information, only the product information applies.

12.6 The seller is obliged to provide the actual, correct, physical location of the item in their sales listings. If the buyer incurs additional costs due to incorrect item location information, the seller is obliged to indemnify the buyer.

13. Shipping, Deadlines, Returns

13.1 The seller is obliged to ship the goods within the specified deadline after receipt of payment. Shipping costs are generally borne by the buyer, unless otherwise agreed.

13.2 For domestic shipments with tracking, the deadlines specified in the escrow rules apply. For international shipments, different deadlines may apply.

13.3 Returns and reversals between users are governed by statutory regulations; the platform may provide assistance but is not a contracting party.

14. Complaints, Disputes, Fraud Prevention

14.1 Complaints must be submitted via the procedure provided on the platform; the platform will review the matter and decide at its reasonable discretion.

14.2 In cases of justified suspicion of fraud, abuse, or other misconduct, the platform may withhold payments, suspend accounts, or initiate investigations.

14.3 Users must provide the platform with any relevant evidence in advance (e.g., shipping receipts, photos, communications) if requested.

15. Rights of Use for Content

15.1 By uploading content (texts, photos, images) to the platform, you grant the platform a simple, spatially and temporally unlimited right of use, insofar as it is necessary for the display and operation of the platform (storage, reproduction, display, thumbnail generation).

15.2 In addition, you grant the provider the right to edit and display content in a way that allows it to be better presented on the website. This includes shortening and/or editing texts, adjusting images (size, quality, cropping).

15.3 You represent that you hold the rights to the content you upload and do not infringe on the rights of third parties. If third parties assert claims, you shall indemnify the platform.

16. Use of the Internal Chat

16.1 The platform provides users with an internal chat, which is solely intended for communication in the context of transactions on the platform. The chat may be used in particular for:

• Questions regarding ongoing orders
• Coordination of shipping
• Clarifications on product conditions
• Agreements on additional payments or refunds in Shards
• General communication related to contracts concluded via the platform

16.2 The chat is not a general social communication medium. Conversations that are not for the purpose of contract execution are prohibited.

16.3 We reserve the right to moderate the chat, automatically review messages, and delete individual messages or chat histories if they violate the terms of use.

16.4 Users have no right to permanent storage or recovery of chat messages. The chat may be deleted or archived regularly for technical or organizational reasons.

17. Prohibited Content and User Conduct

17.1 Users are obliged to refrain from any actions that could endanger the security, integrity, or functionality of the platform or infringe the rights of third parties. In particular, it is prohibited to distribute, upload, or link the following content via the platform, chat, or user profile:

• Illegal content – especially offensive, defamatory, discriminatory, extremist, pornographic, violent, or otherwise unlawful content.
• Content that violates copyright, trademark, personality, or other rights of third parties.
• Commercial advertising, spam, external sales offers, or links to third-party platforms, unless directly necessary for contract execution.
• False, misleading, or manipulated information, especially regarding identity, shipping status, or condition of listed cards.
• Technical attacks, such as:
  – bypassing security mechanisms,
  – scraping, automated crawling, or data extraction,
  – attempts at hacking, flooding, or other manipulations.
• Content or actions intended to:
  – generate Shards fraudulently,
  – manipulate transactions artificially,
  – unfairly influence the marketplace.

17.2 Violations may, at the platform’s discretion, lead to:

• Warnings
• Restriction of account functions
• Temporary suspension of the user account
• Permanently blocking the user account
• Retention of Shards in cases of fraudulent behavior
• Disclosure of data to authorities within legal limits

18. Our Liability

18.1 The platform is liable for damages according to statutory provisions. Liability for slight negligence of minor contractual obligations is excluded. In cases of intent, gross negligence, injury to life, body, or health, or culpable violation of essential contractual obligations (cardinal obligations), the platform is liable according to statutory law.

18.2 The platform is not liable for faults or misrepresentations in marketing by third parties (e.g., incorrect item descriptions by sellers).

18.3 The platform is not liable for lost profits or other indirect damages, except in cases of intent or gross negligence.

19. Your Liability

19.1 You are solely responsible for all content you upload or publish via your user profile on the platform, including texts, images, offers, descriptions, and other contributions. This also applies to any usage rights you grant for this content.

19.2 Should the provider be held liable by third parties due to infringement of intellectual property or other legal positions arising from your content or granted usage rights, you agree to fully indemnify the provider upon first request. This includes all resulting costs, in particular reasonable legal defense and procedural costs.

19.3 The provider will promptly inform you of such third-party claims and – as far as legally permissible – give you the opportunity to participate in defending the claims.

19.4 The indemnification obligation also applies to cases where the content infringes on third-party rights regardless of authorship, in particular personality rights or copyright and exploitation rights.

19.5 You are also solely responsible for the accuracy and legality of your contributions, comments, offers, and all information in your user profile. If the provider is held liable due to illegal or incorrect user contributions, profile content, or offers by other users or third parties, you shall indemnify the provider as described above.

20. Data Protection

20.1 Any processing of personal data is carried out in accordance with the separate privacy policy available on the platform. This details purposes, legal bases, retention periods, and data subject rights.

20.2 For payment processing and fraud prevention, necessary data will be transmitted to payment service providers and, if applicable, to external service providers (e.g., logistics providers, KYC checks) to the extent required for contract fulfillment.

21. Account Suspension, Termination, and Deletion

21.1 Users may delete their accounts at any time. Account deletion results in the forfeiture of any remaining Shards (no payout).

21.2 We may terminate the user relationship without notice for good cause or suspend the account (e.g., in case of suspected fraud, repeated contract violations, or false identity information).

21.3 In cases of severe violations, we may delete offers, suspend users, and, if necessary, initiate legal action.

22. Changes and Discontinuation of Functions

22.1 We reserve the right to edit, expand, restrict, or completely discontinue individual functions and/or content.

23. Amendments to the Terms and Conditions

23.1 We reserve the right to amend these terms and conditions for legitimate reasons. Changes will be announced to users by email. If the user does not object within six weeks, the new terms are deemed accepted. The notification will indicate the possibility to object.

24. Final Provisions

24.1 German law applies, excluding the UN Convention on Contracts for the Sale of Goods (CISG).

24.2 The place of jurisdiction for claims against the platform, to the extent permitted, is 59423 Unna, Germany.

24.3 Should individual provisions of these terms and conditions be invalid, the validity of the remaining provisions remains unaffected.