Terms of service

[DO WERYFIKACJI PRZEZ PRAWNIKA]

Top Change Terms of Service

Version 1.0. The Polish version is binding.

§ 1. Operator and nature of the service

1. The Top Change service (the "Service") is operated by Mighty Little Steps sp. z o.o. (the "Operator"). The Operator's registration details, registered office and the e-mail address of the contact point are in the footer of the Service.
2. The Service is a listings and auction board on which private individuals resell used magic props, books, decks of cards and similar items.
3. The Operator is not a party to any transaction between users and does not handle payments. The Service only records declarations to buy and sell and their status. Payment, shipping and collection take place directly between the buyer and the seller.
4. The Service is available in Polish, English, French and German. Listing descriptions may be translated automatically; a translation marked as automatic is for guidance only.

§ 2. Accounts and requirements for users

1. Only adults may use the Service. By creating an account the user declares to be at least 18 years old.
2. Only private individuals who do not trade professionally may sell, after being verified by the Operator. A seller declares to sell items from their own collection.
3. An account is personal and may not be shared. The user is responsible for what is done with their account.
4. The user provides true details and keeps them up to date.
5. Creating a new account to get around a suspension, ban or restriction is forbidden.

§ 3. Listings, "Buy now" and auctions

1. A listing must describe a real item, its condition, contents and defects. Photos show the item on offer.
2. Clicking "Buy now" on a fixed-price listing is a binding declaration to buy at the stated price; the listing is reserved for the buyer.
3. A bid in an auction is binding and cannot be withdrawn, except for an obvious mistake reported to the Operator without delay. The winner is the person with the highest bid when the auction ends. The Service's server is the only auction clock; an auction may be extended in its last minutes as described on the help page.
4. A price offer is binding until it expires or is declined; the seller's acceptance creates a reservation.
5. Seller and buyer agree on payment and shipping directly. The Operator does not guarantee performance by either side.
6. Listings expire after the period shown in the Service and may be renewed.

§ 4. Prohibited items and counterfeits

The following in particular may not be listed:

• counterfeits and unauthorised copies of props, books, recordings and teaching material;
• digital copies, files, video recordings and access to online content, unless the seller is their creator or an authorised distributor;
• items whose sale is illegal in the seller's or the buyer's country, including weapons and their imitations, pyrotechnics and dangerous substances;
• stolen items or items the seller has no right to dispose of;
• items unrelated to magic, mentalism, juggling and related performing arts.

The current list of prohibited items is on the "Rules of the service" help page.

§ 5. Secrets, copyright and trademarks

1. Descriptions, photos and messages may not reveal the method of a magic effect or contain instructions whose sale is reserved to the creator.
2. A seller may mark a photo as secret; such a photo is shown to signed-in users only.
3. A user publishes only content they hold the rights to. By publishing, the user grants the Operator a non-exclusive licence to display the content in the Service and to translate it into the Service's languages.
4. Infringements of copyright, trademark rights or a creator's secret may be reported under § 8.

§ 6. Conduct and messages

1. Messages serve to arrange a transaction. Offensive content, threats, spam, pressure to pay outside the agreed method and requests for payment card details are forbidden.
2. Messages with links to external payment sites may be marked with a warning and passed on for review.
3. A user may block another user; a blocked person cannot message them or make offers.

§ 7. Strikes and account statuses

1. A user who does not honour a binding declaration (no payment, no shipment, no reply in time) may receive a strike. Strikes count for the period shown in the Service.
2. When the strike threshold is exceeded, the account is automatically restricted for a set time; an automatic decision is marked as such and may be appealed.
3. The Operator may restrict an account, suspend it until a date or ban it permanently for a breach of these Terms, of the law or of third-party rights. Every such decision comes with a statement of reasons under § 8.
4. A restricted account cannot publish new listings or make offers; a suspended or banned account has access only to the decision, the data export and account deletion.

§ 8. Reports and moderation

1. Anyone, including a person without an account, may report a listing, a profile, a message or a rating, giving a reason and a description. A person without an account provides an e-mail address for correspondence.
2. The reporter receives a confirmation that the report was received and is informed of the outcome.
3. The Operator handles reports without undue delay, in the order received, giving priority to reports of fraud and illegal content.
4. Whenever a listing is hidden, a rating removed or an account restricted, suspended or banned, the user is informed by e-mail of: what was done, why, on which point of these Terms, whether the decision was automatic, and how to appeal.
5. The Operator does not monitor content generally. Content is checked on the basis of reports and automatic signals (for example forbidden words or suspicious messages), which a human always reviews before anything is hidden or blocked.

§ 9. Appeals

1. A user may appeal against any decision under § 7 and § 8 through the form in the account ("Account status") within 6 months of the decision.
2. Where possible, the appeal is reviewed by a person other than the one who made the decision. The outcome and its reasons are sent by e-mail.
3. A successful appeal restores the listing, the rating or the account status, or removes the strike, as far as that is still possible.
4. Independently of an appeal, the user may use out-of-court dispute resolution or go to court.

§ 10. Contact point

1. The single contact point for users, authorities and other bodies is the e-mail address in the footer of the Service.
2. Correspondence may be in Polish or English.

§ 11. Personal data and cookies

The processing of personal data is described in the Privacy Policy, and the use of cookies in the Cookie Policy. Both documents form part of these Terms.

§ 12. Liability

1. The Operator provides a tool to publish listings and is not liable for the content of listings, the quality of items or the performance of contracts between users.
2. The Operator strives to keep the Service running but may switch it off temporarily for maintenance.
3. The safe trading rules published in the Service are recommendations.

§ 13. Ending use

1. A user may delete the account at any time in the settings. Data needed to settle ongoing transactions and to meet legal obligations is kept for the period stated in the Privacy Policy.
2. The Operator may terminate the account agreement under the rules in § 7–9.

§ 14. Changes to these Terms

1. The Operator may change these Terms for important reasons, in particular a change in the law or in the Service's functions.
2. A new version is published in the Service with a number and a date. On the first sign-in after publication the user is asked to accept it; until then the user may browse the Service and use the "Account status" page.
3. A user who does not accept the new version may delete the account.

[DO WERYFIKACJI PRZEZ PRAWNIKA]