Terms of Service

Last Updated: September 2024

Welcome to Top Market Club! These Terms of Service (“Terms”) govern your use of our website topmarketclub.com and the services provided by Top Market Club. By accessing or using our website, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not use our website.

1. General Use

1.1 Eligibility
You must be at least 18 years old to use our website and make purchases. By accessing the site, you represent and warrant that you meet this eligibility requirement.

1.2 Account Registration
To access certain features of our site, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

1.3 Prohibited Conduct
You agree not to use the site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the site. You may not attempt to gain unauthorized access to any part of the site, other accounts, computer systems, or networks connected to the site. Any attempt to engage in fraudulent activities, including but not limited to false credit card chargebacks or fraudulent returns, will result in immediate action, which may include legal proceedings and other appropriate measures to protect our rights and interests.

2. Making Purchases

2.1 Product Availability and Descriptions
All products listed on Top Market Club are subject to availability. We strive to provide accurate product descriptions, but we do not warrant that the descriptions are accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in an unused condition.

2.2 Pricing and Payment
All prices are listed in the currency stated on the site and are subject to change without notice. We accept various payment methods, which are listed at checkout. By providing payment information, you represent and warrant that you have the legal right to use the payment method provided. You agree to pay all charges incurred by you or any users of your account and credit card at the price(s) in effect when such charges are incurred.

2.3 Discounts and Promotions
From time to time, we may offer discounts, promotions, or special offers. These are subject to specific terms and conditions, which will be communicated at the time of the offer. We reserve the right to modify or cancel any discount or promotion at any time without notice.

2.4 Live Pack Openings

Top Market Club may offer Live “Rip and Ship” pack openings, a service where trading card packs or similar collectibles are opened live on behalf of the customer and the contents are shipped directly to them or stored in the Top Market Club vault storage program. By participating in a Rip and Ship event, you agree to the following terms:

1. Binding Sale: Once a pack is purchased for a Rip and Ship event, the sale is final. All sales during Rip and Ship events are non-refundable, regardless of the contents of the pack or box.
2. Customer Authorization: By purchasing a Rip and Ship service, you authorize Top Market Club to open your product(s) on your behalf during a live stream or recorded event. The content of the pack or box will be shipped to you after the opening.
3. No Guarantee of Value: Rip and Ship events are based on the randomness of trading card packs. Top Market Club does not guarantee the value of the cards pulled or their condition. The contents of the packs are determined by chance, and Top Market Club cannot be held liable for dissatisfaction with the results.
4. Shipping of Opened Products: After the Rip and Ship event, all opened cards or items will be shipped to the customer using the shipping method selected at checkout or stored in the vault while awaiting your shipment. Shipping fees, if applicable, are the responsibility of the customer. Top Market Club is not responsible for any damages or loss occurring during transit once the items are shipped.
5. Condition of Cards/Items: While we handle all items with care during the Rip and Ship process, Top Market Club is not responsible for any manufacturer defects or conditions of the cards as they are pulled directly from sealed packs.
6. Event Timing and Availability: Rip and Ship events are scheduled based on availability and demand. Top Market Club reserves the right to modify or cancel Rip and Ship events at any time.
7. Trade-in and bulk buy-back values are final once agreed upon by both parties.

By participating in a Rip and Ship pack opening with Top Market Club, you acknowledge that you understand and agree to these terms.

 

2.5 Card Conditions 

All cards sold by Top Market Club, whether through individual listings, auctions, or special events, are sold on an “as-is” basis. By purchasing cards from Top Market Club, you agree to the following terms regarding the condition and representation of the cards:

1. Scanned and Displayed Condition:
   Each card listed for sale is scanned or photographed to accurately represent its condition. The images provided are of the actual card you will receive. We strive to ensure that the scans or images clearly display the card’s front, back, and any notable imperfections or wear. However, variations in lighting, screen resolution, or device settings may affect how the card appears online.
2. “As-Is” Sales:
   All cards are sold “as-is,” meaning their condition is as shown in the images provided. Top Market Club does not offer any guarantees or warranties regarding the condition of the cards beyond what is depicted in the scans or images. By purchasing, you accept the card in its current state.
3. No Returns or Exchanges for Card Condition:
   Due to the collectible nature of trading cards, all sales are final, and we do not accept returns or exchanges based on the condition of the cards. It is the buyer’s responsibility to carefully review the provided images and descriptions before completing a purchase. Once a card is purchased, it cannot be returned for reasons related to its condition.
4. Grading Disclaimer:
   Any reference to the potential grade or condition of a card is purely subjective and does not reflect any formal grading unless the card is sold with an official grading certification. If a card is sold as a “raw” or ungraded card, Top Market Club makes no claims about how the card will be graded by a third-party service. We encourage customers to use their own judgment based on the provided images.
5. Card Damage During Shipping:
   Top Market Club takes care to securely package all orders. In the rare event that a card is damaged during transit, please contact us within 3 days of receiving the item at [email protected] with photographic evidence of the damage for further assistance. Please note that damage caused by transit is distinct from any pre-existing condition of the card as displayed in the original listing. Refer to our shipping policy for more information.

By completing a purchase, you acknowledge that you have reviewed the images and description of the card and accept the item in its shown condition.

 

2.6 Vault Storage Program

Top Market Club offers a Vault Storage Program that allows customers to securely store their purchased items with us until they are ready for shipment. By participating in the Vault Storage Program, you agree to the following terms:

1. Vault Storage Limitations:
   Customers can store any eligible items purchased from Top Market Club in the Vault until they request shipment. There is a limit of 3 orders per shipment from the Vault. If you wish to ship more than 3 orders at once, separate shipment requests must be made.
2. Shipping Based on Box Weight:
   The shipping cost for items stored in the Vault is determined by the total weight of the shipment at the time of release. Shipping fees will be calculated based on current shipping rates and are the responsibility of the customer. Top Market Club will securely package and ship items based on your selected shipping method at checkout when requesting shipment.
3. Store Credit for Vault Items:
   Customers may choose to exchange any items stored in the Vault for store credit, valued at 60% of the current market value of the item. Market value is determined at the time of the exchange based on the most up-to-date pricing from reputable sources in the collectibles market.
   • All exchanges for store credit are final, and no further claims or returns will be accepted once an exchange is completed.
   • Store credit can be used on any available products or services within Top Market Club and cannot be converted back to cash or refunded.
4. Requesting Shipments:
   To initiate a shipment from your Vault, you must submit a request through your Top Market Club account. Once your request is received, we will process your shipment based on the box weight, and you will be charged accordingly.
5. Finality of Sales:
   Any items sold or exchanged for store credit from the Vault are considered final sales. Once you opt for store credit, the items are no longer retrievable from the Vault, and the transaction cannot be reversed.

By participating in the Vault Storage Program, you acknowledge and agree to these terms. If you have any questions about Vault storage, shipment requests, or exchanging items for store credit, please contact us at [email protected].

3. Auctions

3.1 Auction Bidding
If you participate in auctions on our site, you agree to abide by the auction rules. Once a bid is placed, it cannot be retracted unless an error has occurred due to a technical issue. Winning bidders are obligated to complete the purchase.

3.2 Payment for Auction Items
Winning bidders must make full payment within the specified timeframe after the auction closes. Failure to make payment may result in the suspension or termination of your account, and the auctioned item may be offered to the next highest bidder or relisted.

3.3 Graded Card Slabs, Collectibles, and Memorabilia
Sales of graded card slabs, collectibles, and memorabilia are final and non-refundable unless the item is damaged or significantly not as described. If you receive a damaged or incorrect item, you must document it immediately with. We will provide instructions for returning the item, and upon receipt and verification, we will issue a refund or exchange as appropriate.

4. Returns, Refunds, and Exchanges

Please refer to our Refunds and Returns Policy

5. Shipping and Delivery

5.1 Shipping Methods and Costs
We offer various shipping methods, which will be presented to you at checkout. Shipping costs vary depending on the delivery location, shipping method, and the weight/size of the items ordered. Delivery times are estimates and are not guaranteed. We are not responsible for delays caused by the carrier or other factors beyond our control.

5.2 International Shipping
For international orders, you are responsible for ensuring that the products can be lawfully imported into the destination country. You are also responsible for paying any import duties, taxes, and fees imposed by the destination country.

6. Intellectual Property

6.1 Ownership
All content on Top Market Club, including but not limited to text, graphics, logos, images, audio clips, and software, is the property of Top Market Club or its content suppliers and is protected by intellectual property laws. You may not use, reproduce, modify, distribute, or display any content from the site without our prior written consent.

6.2 User-Generated Content
If you submit or post any content on our site, including but not limited to reviews, comments, or images, you grant Top Market Club a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and distribute such content for any purpose.

7. Limitation of Liability

To the fullest extent permitted by applicable law, Top Market Club and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the site, purchases, or any other transaction conducted through the site.

8. Indemnification

You agree to indemnify, defend, and hold harmless Top Market Club and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with your use of the site, violation of these Terms, or any transaction you conduct on the site.

9. Termination

We reserve the right to terminate or suspend your account and access to the site at our sole discretion, without notice, if we determine that you have violated these Terms or any applicable laws.

10. Governing Law

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the jurisdiction in which Top Market Club is located, without regard to its conflict of law provisions.

11. Changes to These Terms

We may update these Terms from time to time. Any changes will be posted on this page, and the “Last Updated” date will be revised accordingly. Your continued use of the site following any changes constitutes your acceptance of the revised Terms.

12. Contact Information

If you have any questions about these Terms, please contact us at [email protected]

By using our website, you agree to these Terms of Service.