Terms and Conditions
Last updated About 6 hours ago
Last update: Mar 5, 2026
Article 1 – DEFINITIONS
The following definitions are applicable to the entire General Terms and Conditions:
"Account": means the User's individualized and dedicated digital environment.
"Appendix": means Appendix 1 "License to Use the Platform"
"Application": means the mobile application CardNexus available on App Store and Google Play.
"Buyer": means any natural person or legal entity purchasing a Product through the Marketplace.
"CardNexus": means CardNexus SAS, a company governed by French law with a share capital of 1,909.5 euros, registered with the Bordeaux Trade and Companies Register under number 937 817 674, having its head office at 68 avenue Jules Guesde, Le Bouscat (33110), France.
"Commission": means the fees paid by Users to CardNexus in connection with the sale and purchase of Products through the Marketplace.
"General Terms and Conditions": means the present terms and conditions, including their Appendices.
"Intellectual Property Rights": means any right, registered or not, including patents and patent applications, trademarks and trademark applications, designs, copyright including copyright applicable to software, related rights including producers' rights and performers' rights, sui generis rights, including database producer's rights, and any other related rights including rights applicable to domain names, company name, names and trading names, rights related to know-how and business information, trade secret or any equivalent protection that exists in the world.
"Marketplace": means the functionality of the Platform enabling Buyers and Sellers to connect and enter into transactions relating to Products.
"Personal Data Regulation": means the rules governing personal data, in particular regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as the French Law n° 78-17 of 6 January 1978 (Loi relative à l'informatique, aux fichiers et aux libertés) in its latest version in force.
"Platform": means the website operated by CardNexus and accessible at cardnexus.com, app.cardnexus.com, the Application and all associated features and functionalities thereof.
"Product": means any product listed on the Platform.
"Seller": means any natural person or legal entity selling a Product through the Marketplace.
"User": means any person holding an Account.
Unless circumstances request otherwise, definitions in the singular include the plural and vice versa.
Article 2 – PURPOSE AND SCOPE OF THE GENERAL TERMS AND CONDITIONS
CardNexus provides a Platform enabling Users to manage their Products collections and to carry out transactions through the Marketplace. The purpose of the General Terms and Conditions is to govern the conditions under which Users may access and use the Platform.
Article 3 – CONTRACTUAL DOCUMENTS AND HIERARCHY
The relationship between CardNexus and the User is governed by the General Terms and Conditions. Should there be any contradiction between the different contractual documents, they will prevail on one another according to the following hierarchy: (1) the Appendices and (2) the General Terms and Conditions. If the Parties wish to include other documents within the scope of the General Terms and Conditions, they shall draw up a written agreement specifying its relationship with the existing documents.
Article 4 – ACCEPTANCE AND MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
Access to and use of the Platform are subject to express prior agreement to the General Terms and Conditions by Users when they create an Account. If a User refuses to agree with the General Terms and Conditions, they shall not access and/or use the Platform.
CardNexus reserves the right to make the General Terms and Conditions as well as the Platform evolve in particular for legal or technological reasons, at its sole discretion, in particular to create new features or improve existing features.
CardNexus shall notify the Users in writing about any significant change to the General Terms and Conditions. Unless there is a legal or regulatory obligation or unforeseen or imminent danger, the proposed changes are not applicable before the expiration of a 30 days period. Within 30 days from the notification, Users may terminate the General Terms and Conditions in accordance with the provisions set forth in Article 10.3 of the General Terms and Conditions. In the absence of termination, Users acknowledge to be bound by the change. Unless CardNexus must respect a legal or regulatory obligation, or if changes benefit the Users, modifications do not apply retroactively.
Article 5 – OPERATION OF THE PLATFORM
Access to the Platform is subject to the creation of an Account and the provision of mandatory information required for that purpose. The Platform is reserved for natural persons aged at least fifteen (15) years old.
5.1 Product management
The Platform enables Users to manage their Product inventory, build card decks, create wish lists and track in real time the indicative evolution of the value of Products (such value is estimated on the basis of certain recognized websites and is displayed for information purposes only). The supported games are specified on the Platform.
The Application provides Users with a scanner enabling them to automatically identify and register the cards they own.
5.2 Operation of the Marketplace
With respect to the Marketplace, CardNexus acts as a transparent intermediary for the purposes of facilitating the conclusion of contracts between Sellers and Buyers. Users acknowledge and agree that CardNexus is not a party to the sale contract, which is formed exclusively between the Seller and the Buyer. CardNexus does not act as a reseller of the Products and does not, at any time, take possession of the Products. Users are informed that the Marketplace functionality is only available in the geographical areas indicated on the Platform.
5.2.1 Sellers' status
Products may be sold by a Seller acting either in a professional capacity or in a non-professional capacity. Users understand that consumer protection laws only apply to orders placed with professional Sellers (who are identified as such on the Platform and may specify specific terms and conditions applicable to a transaction.)
The creation of an Account as a professional Seller requires the provision of the information and documents specified in the user journey. Each Seller must indicate whether they act as a professional or as a non-professional. Incomplete information may prevent the creation of an Account, the listing of Products for sale, and/or the withdrawal of sums resulting from sales completed through the Marketplace.
Any Seller declaring themselves as a non-professional while in fact acting as a professional or who should be registered as such because they meet the applicable criteria, may be subject to sanctions (including criminal sanctions).
5.2.2 Listing of a Product
Each Seller may list a Product for sale using the relevant functionality. The content of the listing, in particular the description, availability, quantity of Products, price, delivery time, delivery service provider, delivery fees, and, where applicable, information relating to customs duties, are determined and set by the Seller under their sole responsibility. In particular, Users acknowledge and agree that CardNexus does not verify or control the prices or market value of Products sold on the Platform.
5.2.3 Sale confirmation or cancellation
From the time a Buyer places an order for a Product, the Seller has 5 business days to confirm the sale. After this period, in the absence of confirmation by the Seller, the sale will be automatically cancelled.
From the time an order is placed, the Buyer may withdraw their decision to purchase the Product, provided that the Product has not yet been shipped by the Seller (in such a case, the Buyer is required to honor the transaction to which they have consented).
Users undertake not to cancel sales in an excessive or abusive manner and are informed that cancellations may affect their ratings, the visibility of their offers, and their ability to make future purchases.
In the event of cancellation of an order, and provided that the Seller has not already shipped the Product, the sale price and Commission shall be refunded to the Parties using the same payment method as that used for the initial transaction within 7 days. If the order has already been shipped by the Seller, the Buyer is invited to consult the withdrawal and return conditions set out in the present General Terms and Conditions.
5.2.4 Commission
In consideration for the provision of the Marketplace service, Users agree to pay CardNexus a Commission as follows:
For Buyers: 2,5% of the order amount + 0,30 (of the currency selected for the order)
For Sellers:
For Sellers located in the European Union: 5% of the order amount
For Sellers located outside of the European Union: 8% of the order amount.
"Order amount" means the total amount of the sale price plus any additional fees (including delivery fees).
5.2.5 Shipping and taxes
Order fulfillment (preparation, shipment and delivery) is entirely managed by the Seller. The Seller is solely responsible for setting the delivery fees, selecting the delivery service provider, and setting any packaging fees.
With respect to delivery fees, default amounts based on the size of the Product are indicated on the Platform. The Seller understands that they are entirely free to modify such amounts.
The Seller undertakes to ship the order to the address indicated by the Buyer within 5 business days following confirmation of the sale. All shipments must be sent using a delivery service that provides tracking. The Seller also undertakes to provide the tracking number relating to the order as soon as it is available.
The Seller remains responsible for the order until confirmation of receipt by the Buyer. The Buyer is responsible for the accuracy of the delivery address provided at the time of the order, such that any error or delivery difficulties arising from the address may not be attributed to the Seller.
5.2.6 Confirmation of receipt
The date of receipt of the order shall be the earlier of the following two dates: (i) the delivery date indicated in the order tracking information by the delivery service provider or (ii) the date on which the Buyer confirms receipt of the order via the Platform.
From the date of receipt of the order, the Buyer has seven (7) days to confirm, dispute, or submit a complaint regarding the order. In the event of a dispute between the Buyer and the Seller, CardNexus may suspend payment pending resolution of the dispute.
5.2.7 Payment
The price of the Product is payable in the currency selected by the Buyer. The list of authorized payment methods is indicated on the Platform.
The amount of a sale is credited to the Seller's Account within seven (7) days from the confirmation of the date of receipt, as defined in article 5.2.6.
When funds are available in their Account, the Seller may request to withdraw all or part of such funds to their bank account at any time in their profile settings, under the "Payment" section. Non-professional Sellers must verify their identity in order to withdraw such funds. Depending on the type of withdrawal or in case of instant transfer requested by the Seller, CardNexus may apply fees (where applicable, details of such fees are indicated on the Platform). Users acknowledge and agree that all financial flows are managed by Stripe, a payment service provider duly authorized to carry out such transactions, and are subject to the following terms and conditions: https://stripe.com/fr/legal/ssa. By accepting these General Terms and Conditions, each User consents to the creation of a Stripe account in their name and agrees to be bound by the following terms: https://stripe.com/en-fr/legal/connect-account.
5.2.8 Billing mandate
The Seller acting in a professional capacity expressly grants a mandate to CardNexus, which accepts it, (i) to issue invoices in the Seller's name and on the Seller's behalf for sales made through the Platform and (ii) to collect payment from Buyers via Stripe.
This billing mandate shall remain in effect for the duration of the General Terms and Conditions.
The Seller acting in a professional capacity acknowledges and accepts that they remain solely responsible for complying with their legal and tax obligations relating to invoicing with respect to the original invoices issued in their name and on their behalf by CardNexus, in particular regarding VAT and in accordance with the laws of the country in which the Seller operates.
The Seller acting in a professional capacity undertakes to inform CardNexus of any change in their situation that may affect this billing mandate.
5.2.9 Returns
The terms and conditions governing returns, including the allocation of return costs and the refund arrangements are agreed directly between the Seller and the Buyer. Where applicable, the Buyer undertakes to return the Product using the delivery service provider and within the time period agreed with the Seller. Unless there is a failure or fault attributable to CardNexus, the amount of the Commission shall not be refunded to the Users.
5.2.10 Rating and reviews
Users agree to be subject to ratings and reviews left by Buyers or Sellers. Users acknowledge that they will not be able to respond to a review posted about them.
CardNexus neither receives nor provides any consideration in exchange for reviews and reserves the right to moderate the content of reviews, in particular where such reviews contain manifestly illegal content or content that is contrary to the General Terms and Conditions.
Article 6 – USER'S OBLIGATIONS
6.1 Obligations applicable to all Users
Each User undertakes to:
have the capacity to enter into binding contracts under the laws and regulations of the country in which the User is established;
provide true, accurate and error-free information;
keep such information up to date throughout the use of the Account and the Platform;
not create false accounts or use a false identity;
comply with the General Terms and Conditions and with all applicable laws and regulations in the country in which the User is established;
not transfer, lend, sublicense or assign the Account to any third party (even if the third party is another User);
regularly update its login credentials and use a secure password avoiding easily identifiable combinations. If the User has reasons to believe that their login information has been lost, stolen, misappropriated or otherwise compromised, or that the Account has been used without authorization, the User must immediately notify CardNexus. The User may also provide proof of a complaint filed with the competent authorities in the event of loss or theft of their device. In the absence of such notification and unless proven otherwise, any use of the Account is deemed to have been carried out by the User;
not harm, directly or indirectly, CardNexus' reputation or image;
use the Platform in good faith and in accordance with its intended purpose;
act in good faith in their dealings with CardNexus and with other Users, in particular when entering into sales transactions through the Marketplace.
Throughout the duration of the Account, the User refrains from:
any conduct intended to circumvent or attempt to circumvent the Platform in any manner whatsoever (in particular, the User refrains from communicating its contact details to another User through the Platform messaging system and engaging in practices intended to reduce or avoid payment of the Commission);
any behavior likely to interrupt, suspend, slow down, or impair the continuity or proper functioning of the Platform;
any breach of security and authentication measures of the Platform and/or CardNexus' digital infrastructure and any copying, intrusion and/or misuse of the Platform and/or CardNexus' digital infrastructure;
any scraping, automated extraction or any technique intended to copy, reproduce, collect or exploit data or content from the Platform without CardNexus' prior written authorization;
any act likely to prejudice the financial, commercial, or moral rights or interests of CardNexus or another User and, more generally, any act that infringes any third-party rights;
any content that is abusive, defamatory, disparaging, slanderous, contrary to good morals or public policy, counterfeiting, infringing public order or third party rights, and any behavior that could directly or indirectly encourage hatred and violence;
creating new accounts in order to circumvent a prior suspension or termination;
using the Platform for purposes other than those for which it was designed.
In the event of a breach or serious suspicion of breach of one of the obligations of the Agreement by the User, CardNexus may suspend and/or terminate the Account and shall notify the User of the suspension and the reason for such suspension. This provision is without prejudice to any other rights or remedies available to CardNexus.
6.2 Specific obligations applicable to Sellers
Each Seller undertakes to:
Honor the sales they confirm on the Platform;
Ensure that the Products offered for sale strictly correspond to the information, photographs and descriptions provided. The sale of counterfeit products, fake Products (including fake cards) or Products that do not match their description is strictly prohibited;
Provide a tracking number for each order shipped;
Not promote on the Platform services that compete with CardNexus, and in particular not include links to other services or platforms for the sale of collectible cards;
Comply with all applicable laws and regulations. In particular, a Seller acting in a professional capacity undertakes to comply with their tax and social reporting and payment obligations and, in particular, undertakes to:
Provide CardNexus, upon request, with supporting documents evidencing their insurance coverage, the information necessary for invoicing purposes, and any documentation required to demonstrate compliance with the laws and regulations applicable in the country in which they are registered;
Pay to the relevant authorities all taxes and duties (including VAT), for which they may be liable in connection with their use of the Platform;
Download and keep a copy of the invoices issued in their name and on their behalf by CardNexus, which are made available in their Account;
Provide Buyers with the specific legal and operational terms applicable to their activity.
Declare to the tax authorities the income derived from the sale of Products carried out through the Platform. Furthermore, Sellers are informed that CardNexus may disclose to the tax authorities information relating to transactions carried out through the Platform. More details on reporting obligations are available at the following links:
6.3 Specific obligations applicable to Buyers
Each Buyer undertakes to:
Provide accurate information (the Buyer understands that any error or omission, in particular relating to delivery information, shall be under their sole responsibility);
Pay the sale price, the Commission and any additional fees indicated in the Platform (delivery fees, taxes…) when purchasing a Product;
Not use fraudulent payment methods. In the event of suspected fraudulent use of payment card, the Buyer must inform CardNexus without delay and undertakes to provide all necessary and relevant information. In the event of suspected payment card fraud, CardNexus reserves the right to request information and supporting documents from the Buyer in order to verify their identity and the validity of the payment method used. Such information will be processed in accordance with the Personal Data Regulation and retained only for the time strictly necessary for verification purposes. If the Buyer fails to respond or if a reasonable suspicion of fraud persists, CardNexus reserves the right to cancel the sale of the Product;
Pay any applicable customs duties and import taxes;
Confirm receipt of the Product when it conforms to the Seller's listing;
Not wrongfully dispute the receipt of Product(s) shipped by a Seller, and refrain from any action intended to falsely suggest that they did not receive the Product(s) or that they did not personally purchase the Product(s). In the event of non-receipt of Products, the Buyer shall inform the Seller (and, if no response is received, CardNexus) without delay and undertakes to provide all relevant information;
Where a Seller agrees to a return, the Buyer undertakes to return the Product in its original condition and to provide the tracking number to the Seller. In the event of damage to or loss of all or part of the returned order, the Buyer shall bear sole responsibility.
Article 7 – CARDNEXUS' OBLIGATIONS
7.1 Provision of the Platform
CardNexus undertakes to make the Platform available to Users. CardNexus undertakes to have the Platform available twenty-four (24) hours a day, seven (7) days a week, except in case of force majeure, unforeseeable and unavoidable behavior of a third party, and except for possible breakdowns and/or maintenance operations necessary to ensure the proper provision of the Platform.
In the event of any malfunction or defect, CardNexus will make reasonable efforts to restore the situation as soon as possible and, if necessary, suspend the Platform and/or remove any manifestly illegal content that CardNexus is aware of.
7.2 Support and maintenance of the Platform
CardNexus shall maintain the Platform. In the event of a malfunction and/or maintenance of the Platform for more than 8 hours, CardNexus shall notify Users to the email address linked to their Account. Support requests regarding the Platform shall be sent to CardNexus client support, which may be contacted at support@cardnexus.com.
Article 8 – WARRANTIES
8.1 Users' warranties
Each User represents and warrants to CardNexus that they hold all rights and authorizations required to upload, exchange, sell and more generally use and communicate the Products through the Platform. In particular, the User warrants that they have the rights authorizing them to sell or transfer the Products and that the Products offered for sale on the Platform are authentic and do not constitute counterfeits. In this respect, the User guarantees CardNexus against any action, claim, demand or objection from a third party which is based, directly or indirectly, on the violation of any applicable rule in relation to the Product, in particular any third-party Intellectual Property Right or any contractual right thereto. The User undertakes to bear the financial consequences of any third-party claims or actions resulting from such violations, including any damages or compensation of any kind awarded by any court decision or settlement, and guarantees CardNexus against any payment in this respect, any sanction or judgment.
Professional Sellers undertake to specify any guarantee they offer in relation to the Products. In the event of a request concerning statutory or commercial warranties relating to Products sold by professional Seller, CardNexus invites Buyers to contact such Sellers directly.
For purchase made from a Seller acting in a non-professional capacity, Buyers do not benefit from any warranty (including conformity warranty) regarding the Products. However, the rules governing contractual obligations and general contractual liability remain applicable.
8.2 CardNexus' warranties
CardNexus represents and warrants that it holds all rights and authorizations required to enter into the General Terms and Conditions, including, (i) all Intellectual Property Rights relating to the Platform and (ii) all rights enabling the User to use the Platform. These warranties do not cover elements subject to third party Intellectual Property Rights, nor offers published under the responsibility of Sellers. In particular, CardNexus does not guarantee the authenticity of the Products, their market value, or the absence of counterfeiting.
In this respect, CardNexus guarantees the User against any action, claim, demand or objection brought by any person alleging that an Intellectual Property Right has been infringed through the use of the Platform. In such a situation, the User undertakes to inform CardNexus within seven (7) days from becoming aware of the action and to provide CardNexus with the documents supporting such action. CardNexus undertakes to bear all damages and interest for which the User may be held liable under a final court decision exclusively based on the infringement of an Intellectual Property Right relating to the Platform, excluding the costs incurred by the User in ensuring their defense. However, this warranty shall only apply if (i) the existence of the claim and the supporting documents are notified in writing to CardNexus within seven (7) days following the User becoming aware thereof; and (ii) the action brought by the third party against the User does not result from the User's fault, or a breach of the General Terms and Conditions.
Users residing in France also benefit from a statutory conformity guarantee that covers the digital services provided by CardNexus. Under this guarantee, CardNexus shall be liable for any lack of conformity discovered by Users within a two-year period from the provision of the digital services. To benefit from this guarantee, Users may contact CardNexus at support@cardnexus.com
The national laws applicable to Users may provide for additional and/or longer guarantees. However, in accordance with French law, CardNexus does not provide a statutory guarantee against hidden defects nor any additional commercial guarantee.
Article 9 – LIABILITY
9.1 CardNexus' liability
Users acknowledge and agree that CardNexus's role is that of provider of technical and digital services, which implies that its liability is limited to the provision of the technological services provided for in the General Terms and Conditions. In particular, Users are informed that CardNexus does not manufacture, store or inspect the Products sold through the Platform.
Users further acknowledge and agree that the Platform is a connected digital service, meaning that its operation may be altered or interrupted due to (i) technical malfunctions beyond CardNexus' control, (ii) maintenance operations or (iii) requests from competent administrative or judicial authorities or the notification of manifestly illegal content.
CardNexus cannot be held liable for external causes or causes beyond its control, including:
in the event of a Buyer's misunderstanding of the characteristics or value of a Product;
in the event of an erroneous, misleading or non-compliant description provided by the Seller;
in the event of a violation of rights or applicable regulations by another User, in particular in the event of the sale of a false or counterfeit Product;
in the event of inaccurate information provided by the User, including incorrect delivery address information;
in the event of issues relating to the delivery of a Product, the Seller and its delivery service provider being solely responsible for such delivery;
in the event of cancellation of a sale by a Seller or a Buyer;
in the event of failure by the Seller to refund a Product following cancellation of a sale or return of the Product, unless such failure results from technical issues affecting the Platform;
in the event of inability to access the Platform due to malfunction of the User's smartphone or Internet network;
in the event of force majeure.
CardNexus does not review each content published by Users and therefore cannot be held liable for any manifestly illegal content unless it has obtained knowledge thereof under the conditions provided for by Regulation (EU) 2022/2065 on a single market for digital services. This includes content that is abusive, defamatory, disparaging, slanderous, contrary to public decency, infringing, contrary to public order or to the rights of third parties, likely to harm the rights, reputation, or image of CardNexus or another User, or any behavior that may directly or indirectly incite hatred and violence.
9.2 User's liability
Each User is exclusively liable for any direct or indirect damages caused by their use of the Platform, including damage to their information systems, loss of data, failure to comply with personal data regulations, failure to comply with intellectual property rules or the breach of contractual rights of any kind.
Article 10 – DURATION, SUSPENSION AND TERMINATION
10.1 Duration
From the date of their acceptance, the General Terms and Conditions are applicable for an indefinite period, until the closure of the Account.
10.2 Suspension and termination of the General Terms and Conditions by CardNexus
Access to the Platform (including the withdrawal of sums resulting from sales completed through the Platform) may be suspended for the period necessary in the event of exceptional circumstances such as material damage, a technical failure, security issues, a breach (or serious suspicion of breach) of the General Terms and Conditions, repeated or abusive cancellations or fraudulent activity by Users.
In the event of suspension of an Account, CardNexus shall provide the User in writing with the reasons justifying such suspension at the time the suspension takes effect and shall give the User the opportunity to clarify the relevant facts and circumstances.
Access may only be restored once the cause of the suspension has ceased. Where the cause of the suspension cannot be remedied, CardNexus reserves the right to terminate the General Terms and Conditions and delete the User's Account.
10.3 Termination of the General Terms and Conditions and deletion of the Account by the User
Each User may terminate the General Terms and Conditions at any time by sending a message to support@cardnexus.com, indicating in the subject line "Termination of the General Terms and Conditions". Termination of the General Terms and Conditions by a User shall take immediate effect and shall result in the deletion of the Account, subject to any outstanding obligations of the User (e.g., obligation to pay any amount already due to CardNexus).
The User may delete their Account at any time by sending an email to support@cardnexus.com with the subject line "Delete my account"
Article 11 – PERSONAL DATA
CardNexus acts as the controller, within the meaning of the Personal Data Regulation, of the personal data of Users. Such personal data is processed in accordance with the privacy policy available at: https://help.cardnexus.com/privacy-policy-en
In connection with the operation of the Marketplace, CardNexus acts as data processor acting on behalf of the Sellers and Buyers that are legal entities. The relevant processing activities and the conditions governing such processing are set out in Data Protection Agreement
Article 12 – INTELLECTUAL PROPERTY
12.1 CardNexus's Intellectual Property Rights
The Platform and all elements composing it, including but not limited to software, architecture, infrastructure, databases and content of any kind (texts, images, visuals, logos, trademarks…) operated by CardNexus are protected by Intellectual Property Rights. The conditions governing the license granted for the use of the Platform are set out in Appendix 1. The User acknowledges and agrees that CardNexus has implemented measures to monitor the use of the Platform, and compliance with the terms of the license.
12.2 Users' Intellectual Property Rights
The User grants CardNexus a non-exclusive, royalty-free, transferable, worldwide license, for the duration of the General Terms and Conditions, over all content transmitted through the Platform for the purposes of providing the Platform's functionalities, operating and improving the Platform.
12.3 Third-party Intellectual Property Rights
Certain content accessible through the Platform, including Product images, visuals, names, logos, trademarks, illustrations or graphic elements associated with games or publishers, may be protected by Intellectual Property Rights belonging to third parties. Their presence on the Platform shall not constitute any assignment, license or acknowledgement of ownership in favor of CardNexus, which makes only strictly necessary use of such content for the operation of the Platform or hosts such content when it is uploaded by Users.
Article 13 – MISCANELLOUS
13.1 Severability
If any provision of the General Terms and Conditions is held invalid or void by a modification of legislation, regulation or by a court decision, the remainder of the General Terms and Conditions will not be affected thereby as well as the duty to comply with the General Terms and Conditions.
13.2 Assignment and change of control
The User may not assign or transfer all or any part of the General Terms and Conditions to a third party without the prior written consent of CardNexus. In the event of (i) a merger by formation of a new company, contribution, partial contribution of assets, merger by acquisition, asset spin-off, or any other operation entailing a universal transfer of CardNexus assets or (ii) any operation entailing a direct or indirect change of control affecting CardNexus, the contractual relations will persist without it being necessary to inform or obtain the consent of the Users.
13.3 Non-renunciation
The failure of either Party to demand strict performance of any of the terms of the General Terms and Conditions, permanently or temporarily, may not be understood as a renunciation of the right to assert any of such terms.
13.4 Language of the General Terms and Conditions
The General Terms and Conditions are available in French and in English. In case of a contradiction, the French version shall prevail.
Article 14 – GOVERNING LAW AND JURISDICTION
14.1 Governing law
The General Terms and Conditions are governed by and interpreted according to French laws.
Users acting as consumers usually residing in another country of the European Union may also benefit from rights that protect them according to mandatory provisions of the applicable law in their country of residence.
14.2 Dispute resolution
14.2.1 Dispute between Users
As a third party to the sale contract concluded through the Marketplace, CardNexus is not responsible for resolving disputes between Users.
In the event of a dispute between a Seller and a Buyer, the Buyer is invited to contact the Seller directly via the messaging system of the Platform and vice versa. Where the Seller fails to respond, or where the dispute persists despite several exchanges between the parties, CardNexus may, on an exceptional basis, act as an intermediary to facilitate discussions.
14.2.2 Consumer mediation
Users have the option to resort to consumer mediation in the event of a dispute with CardNexus, or in the event of a dispute with another User that acts in a professional capacity. The mediator's services may be contacted by the Users after unsuccessful attempts to resolve the dispute directly with CardNexus.
Any User has the possibility to seek recourse with extrajudicial dispute resolution bodies to resolve conflicts arising from content restriction or moderation decisions made by CardNexus. The list of European certified extrajudicial dispute resolution bodies is accessible at: https://digital-strategy.ec.europa.eu/fr/policies/dsa-out-court-dispute-settlement.
14.3 Competent courts
Users acting as consumers may bring proceedings, in addition to one of the territorially competent jurisdictions under the French Civil Procedure Code, to the jurisdiction of the place where the User resided at the time of conclusion of the contract or the jurisdiction of the place where the harmful event occurred.
Users acting in a professional capacity agree to submit any conflict or dispute that they may have against CardNexus (and vice versa) relating to the validity, interpretation, performance, and/or termination of the General Terms and Conditions to the exclusive jurisdiction of the Commercial Court of Paris.
Article 15 – CONTACT
For any remaining question, Users may contact CardNexus at: support@cardnexus.com
The point of contact for Member States' authorities, the European Commission or the European Board for Digital Services is: dsa@cardnexus.com
Appendix 1 – License to Use the Platform
Article 1 – PURPOSE OF THE APPENDIX
This Appendix defines the terms and conditions according to which CardNexus grants the User, who accepts it, a license to use the Platform.
Article 2 – SCOPE OF THE LICENSE
CardNexus grants the User a personal, non-exclusive, non-assignable and non-transferable right to use, reproduce and represent the Platform. This license is granted as of the date of acceptance of the General Terms and Conditions, for their entire duration, worldwide, exclusively to the Account holder.
Article 3 – PURPOSE OF THE LICENSE AND LICENSED RIGHTS
All rights which are not expressly granted by the General Terms and Conditions are CardNexus' exclusive property, are not part of the rights granted therein and remain subject to CardNexus' exclusive use. The license is granted for the sole use of the Platform for the sole needs and interests of the User.
Article 4 – RESTRICTIONS
Without prior written authorization from CardNexus, the User shall not:
allow a third party who has not been expressly and previously authorized to access or use the Platform, in return for payment or free of charge;
allow a User or a third party to access or use the Platform and their Account without having first created a personal Account or to use an Account other than their own;
translate, modify, adapt, copy or reproduce, transcode the Platform, or any other element, function or graphic of the Platform and/or merge all or part of the Platform in other computer programs except if provided by the applicable laws and regulations;
sublicense, lend, rent, distribute, commercialize, transfer, sell, resell or assign the Platform in any manner;
develop a product or a service competing with the Platform or develop any functionality of the Platform;
proceed to reverse engineering, decompile, disassemble, identify the source code, combine the source code with other software or circumvent one of the Platform's mechanisms or seek to reconstruct or discover the source code of the Platform, except if provided by the applicable laws and regulations;
conceive a derivative work based upon any part of the Platform.