Marketplace Terms

These Marketplace Terms of Service ("Marketplace Terms") supplement the Grail Den Terms of Service and govern your use of the Grail Den Marketplace ("Marketplace"), a feature that enables registered users to buy and sell collectibles, memorabilia, and related items. By listing an item for sale or purchasing an item through the Marketplace, you agree to be bound by these Marketplace Terms in addition to the general Terms of Service and Privacy Policy.

If there is a conflict between these Marketplace Terms and the general Terms of Service, these Marketplace Terms control with respect to Marketplace transactions.

1. Platform, Not Party

Grail Den operates as a marketplace platform that connects buyers and sellers of collectibles. Grail Den is not a party to any transaction between buyers and sellers. We do not take title to, possess, inspect, authenticate, appraise, store, or ship any items listed on the Marketplace.

When a buyer purchases an item from a seller through the Marketplace, the transaction is solely between the buyer and the seller. Grail Den acts only as an intermediary that provides the technology and platform to facilitate these transactions.

Grail Den does not guarantee the identity, reputation, or creditworthiness of any buyer or seller. Users are responsible for conducting their own due diligence before entering into any transaction.

2. Fees & Fee Disclosure

The Marketplace charges a 7.5% Buyer Protection Fee on every completed transaction. This fee is added to the item's sale price at checkout and is paid by the buyer.

Stripe payment processing fees (currently 2.9% + $0.30 per transaction) are standard third-party charges and are separate from the Grail Den Buyer Protection Fee. The seller receives the full listed sale price minus Stripe's standard processing fees.

The Buyer Protection Fee is non-refundable except in cases of legitimate disputes resolved in the buyer's favor (see Section 8: Dispute Resolution).

Grail Den reserves the right to modify its fee structure with thirty (30) days' notice to active users. Transactions initiated before a fee change takes effect will be processed under the prior fee structure.

3. Payment Processing

All payments on the Marketplace are processed by Stripe, Inc., a PCI-DSS Level 1 certified payment processor. Grail Den does not directly process, store, transmit, or have access to your full payment card information.

By using the Marketplace, you also agree to Stripe's Terms of Service and Stripe's Privacy Policy.

Seller payouts are processed manually by Grail Den after successful delivery confirmation. Grail Den does not operate an escrow service. Payout timelines may vary, and Grail Den reserves the right to hold funds pending resolution of disputes, chargebacks, or suspected policy violations.

4. Seller Responsibilities

By listing an item for sale on the Marketplace, you represent and warrant that:

• Accurate descriptions: All item descriptions, condition notes, provenance claims, and other listing details are truthful, accurate, and not misleading.
• Real images: All photographs are of the actual item being sold (not stock photos, representative images, or images of different items), taken by you or with your authorization.
• Legal ownership: You have clear legal title to the item and full authority to sell it. The item is not stolen, encumbered by liens, or subject to any legal claims.
• Shipping timeline: You will ship the item within five (5) business days of receiving payment confirmation, using a tracked shipping method.
• Tracking information: You will provide a valid tracking number to the buyer and to Grail Den within two (2) business days of shipment.
• Proper packaging: You will package the item securely and appropriately for its nature, value, and fragility.
• Export compliance: The sale and shipment of the item complies with all applicable local, state, national, and international laws, including export and import restrictions.

Failure to meet these obligations may result in account suspension, transaction reversal, and/or removal from the Marketplace.

5. Buyer Responsibilities

By purchasing an item through the Marketplace, you agree to:

• Prompt payment: Complete payment at the time of purchase. Unpaid orders will be automatically cancelled after 48 hours.
• Accurate shipping information: Provide a correct and complete shipping address. Grail Den is not responsible for items lost or delayed due to incorrect addresses provided by the buyer.
• Confirm receipt: Confirm receipt of the item within seven (7) calendar days of delivery confirmation. If no confirmation or dispute is filed within this window, the transaction will be automatically marked as complete and funds released to the seller.
• Inspect promptly: Inspect the item upon receipt and report any discrepancies, damage, or issues within the 7-day confirmation window.
• Good faith: Engage in transactions in good faith. Attempting to defraud sellers, filing false disputes, or abusing the buyer protection system may result in permanent suspension.

Transaction Timeline

6. Authenticity Disclaimer

No Grail Den employee, contractor, AI system, or platform feature shall be construed as providing professional authentication, appraisal, or valuation services. Any reliance on Grail Den's tools or information is at your own risk.

7. Prohibited Items

The following items are strictly prohibited from being listed or sold on the Marketplace:

• Stolen property: Items known or suspected to be stolen, misappropriated, or obtained through illegal means.
• Fraudulent provenance: Items with fabricated, falsified, or intentionally misleading provenance documentation or certificates of authenticity.
• Counterfeit items: Forgeries, reproductions, or replicas marketed or described as originals or authentic items.
• Export-restricted items: Items that cannot be legally sold or shipped under applicable export control laws, cultural property laws, or international trade regulations.
• Hazardous materials: Items containing hazardous substances that cannot be safely shipped.
• Items violating third-party rights: Items that infringe upon trademarks, copyrights, or other intellectual property rights of third parties.

Grail Den reserves the right to remove any listing and suspend any account found in violation of these prohibitions, without prior notice or refund of any fees.

8. Dispute Resolution & Refunds

Disputes arising from Marketplace transactions are primarily between the buyer and the seller. Grail Den may, at its discretion, facilitate communication between parties but is not obligated to mediate or resolve disputes.

Refund Policy

• Item Not as Described: If the item materially differs from the listing description, the buyer may file a dispute within the 7-day confirmation window. If the dispute is resolved in the buyer's favor, the seller is responsible for issuing a full refund including the Buyer Protection Fee and return shipping costs.
• Item Not Received: If tracking shows the item was not delivered and the seller cannot provide proof of delivery, the seller is responsible for a full refund.
• Buyer's Remorse: Returns or refunds are not available for change of mind, buyer's remorse, or items that were accurately described. Collectibles transactions are final once the confirmation window closes.

Dispute Process

1. Buyer files a dispute through the Marketplace interface within the 7-day window.
2. Seller has 72 hours to respond with evidence (photos, tracking, communications).
3. If parties cannot resolve the dispute, Grail Den may review the evidence and issue a non-binding recommendation.
4. For transactions under $500, Grail Den's recommendation is final. For transactions $500 and above, either party may proceed to arbitration (see Section 13).

9. Limitation of Liability

To the maximum extent permitted by applicable law, Grail Den's total aggregate liability for any and all claims arising out of or related to any single Marketplace transaction shall not exceed the Buyer Protection Fee actually collected by Grail Den for that specific transaction.

In no event shall Grail Den, its officers, directors, employees, agents, or affiliates be liable for:

• The quality, safety, legality, authenticity, or accuracy of any item listed on the Marketplace.
• The ability of sellers to complete a sale or ship an item.
• The ability of buyers to complete a purchase or pay for an item.
• Any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or business interruption.
• Loss or damage to items during shipping.
• Any third-party claims related to items bought or sold through the Marketplace.

10. Indemnification

Both buyers and sellers agree to indemnify, defend, and hold harmless Grail Den, Backyard Dreaming LLC, and their respective officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Marketplace or any transaction conducted through it.
• Your breach of these Marketplace Terms, the general Terms of Service, or any applicable law.
• Your listing, sale, purchase, or shipment of any item.
• Any dispute between you and another Marketplace user.
• Any claim that an item you sold infringes upon the intellectual property rights or other rights of a third party.
• Any claim related to the authenticity, condition, provenance, or value of an item you listed or sold.

11. No Warranty

The Marketplace is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise. Grail Den specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Grail Den makes no representations or warranties regarding:

• The authenticity, quality, condition, legality, or value of any item.
• The accuracy of any listing, description, photograph, or provenance claim.
• The reliability, timeliness, or performance of the Marketplace.
• That the Marketplace will be uninterrupted, error-free, or free of harmful components.
• That any transaction will be completed successfully.

12. Right to Suspend or Ban

Grail Den reserves the right, at its sole discretion and without prior notice, to:

• Remove any listing from the Marketplace.
• Suspend or permanently ban any user from the Marketplace.
• Hold, delay, or reverse any transaction or payout.
• Limit or restrict any user's access to Marketplace features.

Actions that may trigger suspension or ban include, but are not limited to:

• Listing prohibited items or making fraudulent listings.
• Repeated failure to ship items within the required timeline.
• Filing false or frivolous disputes.
• Attempting to circumvent Marketplace fees by conducting transactions off-platform.
• Harassment or abusive behavior toward other users or Grail Den staff.
• Any activity that Grail Den believes, in its sole discretion, threatens the integrity of the Marketplace.

13. Arbitration & Governing Law

These Marketplace Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

Mandatory Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Marketplace Terms or the Marketplace that cannot be resolved through the dispute process described in Section 8 shall be resolved exclusively through final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures.

• Arbitration shall be conducted in Los Angeles County, California, or at a mutually agreed upon location.
• The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
• Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines otherwise.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Grail Den.

Small Claims Exception

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

14. Contact

If you have questions about these Marketplace Terms, please contact us:

Backyard Dreaming LLC
Santa Monica, California

For Marketplace disputes, use the dispute resolution feature within the Marketplace interface. For general inquiries, we will make reasonable efforts to respond within five (5) business days.