Terms of Use

These Terms of Use (the “Terms”) govern access to and use of the Kizuna website, available at kizuna.setsunacards.fr (the “Platform”), operated by SETSUNA — Clément Leblic, a French sole trader (entreprise individuelle) (“SETSUNA”, “we”).

The Platform operates as an online marketplace connecting independent sellers (“Sellers”) and buyers (“Buyers”). SETSUNA is not a party to sales contracts concluded between Sellers and Buyers, unless expressly stated otherwise.

1. Scope and definitions

These Terms apply to any use of the Platform, including browsing the website, creating and using a user account, buying products, and listing products for sale.

• “Professional Seller” means a Seller acting for purposes relating to their trade, business, craft or profession, whether or not incorporated.
• “Individual Seller” means a Seller acting for purposes outside their trade, business, craft or profession, engaging in the occasional resale of personal goods.
• “Consumer” means a Buyer acting for purposes outside their trade, business, craft or profession.
• “Order” means a purchase request submitted by a Buyer and paid for through the Platform.
• “Dispatch” means the moment a Seller marks an Order as shipped on the Platform.

Additional terms may apply to certain features. In case of conflict, such specific terms prevail.

2. Acceptance

By accessing or using the Platform, the user acknowledges having read and accepted these Terms without reservation.

3. Eligibility

The Platform is reserved for natural persons aged 18 or over having full legal capacity, and for legal entities duly represented. Users under 18 may not create an account or place an Order. SETSUNA may request proof of age and will close any account found to belong to a minor.

4. Role of SETSUNA

SETSUNA acts solely as a technical marketplace operator. As such, SETSUNA:

• provides infrastructure enabling connections between Buyers and Sellers;
• does not own the listed products and is not responsible for their description, compliance, or delivery;
• does not intervene in the formation of sales contracts;
• does not store or handle products at any point.

SETSUNA provides Buyers and Sellers with an intermediation service. This service is distinct from the sale itself and is governed directly by these Terms between SETSUNA and each user.

Payments are processed via a third-party payment provider, Stripe. SETSUNA is not a payment institution and does not hold user funds.

All prices displayed on the Platform are stated in euros and include all applicable taxes, including VAT where applicable.

5. Fees and commissions

5.1 Seller commission. SETSUNA charges Sellers a commission of 5.0% of the product value (4.0% for Professional Sellers) of each Order, automatically deducted from the Seller's payout.

5.2 Buyer fee. Buyers pay a processing fee of 3.0% + €0.30 per Order, calculated on the product value, covering secure payment handling and Platform operations.

5.3 Shipping costs are excluded from the calculation of both the Seller commission and the Buyer fee. Shipping costs are transferred in full to the Seller.

5.4 Refunds. Where an Order is cancelled or withdrawn from in full under articles 9 or 10, the Buyer fee is refunded in full together with the product price and the initial shipping costs. Where an Order is refunded in part, the Buyer fee is refunded proportionally.

5.5 Changes. SETSUNA may modify its fees and commissions with 30 days' prior notice sent to the email address associated with the account. A Seller who does not accept the new fees may terminate their account before the change takes effect. Orders placed before the effective date remain governed by the previous fee schedule.

6. User accounts

Users must provide accurate and up-to-date information and are solely responsible for the security of their account and credentials. Two-factor authentication is available from Settings → Security and is recommended, particularly for Sellers.

Each user may hold only one account. Creating multiple accounts to circumvent a suspension, a fee, or a Platform restriction constitutes a breach of these Terms.

7. Seller status and declarations

7.1 Declaration of status. When registering as a Seller, the user must declare whether they act as an Individual Seller or a Professional Seller, as defined in article 1. The Seller certifies on their honour the accuracy of this declaration. Any false declaration may engage their civil and criminal liability and result in the suspension of their account.

7.2 Professional Sellers must additionally provide:

• their SIREN/SIRET number or equivalent national business registration number;
• their EU VAT number, if they are subject to VAT;
• their unique extended producer responsibility identifier, where applicable (article 24).

7.3 Change of status. Individual Sellers whose activity becomes habitual or profit-driven are required to switch to Professional status and complete the corresponding administrative declarations. SETSUNA may restrict Individual accounts whose sales volume, frequency or listing patterns suggest undeclared commercial activity, after informing the Seller and giving them the opportunity to regularise their status.

7.4 Effect on Buyer rights. The Seller's declared status determines the legal regime applicable to each sale, in particular the existence of a right of withdrawal and of legal guarantees (articles 10 and 11). The status of each Seller is displayed on their public page and at checkout.

8. Products and Seller obligations

Products are sold under the sole responsibility of Sellers. Sellers undertake to:

• only list products they lawfully own and are legally entitled to sell;
• guarantee accurate descriptions, images and condition grading;
• comply with applicable tax, consumer and product-safety laws;
• dispatch Orders within the handling time stated on their shop page;
• use packaging appropriate to the value and fragility of the goods;
• respond to Buyer messages relating to an Order within 3 business days.

Each Seller states a handling time, shown to the Buyer before purchase. An Order not dispatched within that time plus a short grace period is flagged as late, and may be cancelled and refunded in full to the Buyer, without prejudice to any other measure under article 16.

Shipping service. At checkout, the Buyer chooses for each parcel among the services that accept its weight and value. The least expensive service is pre-selected for parcels under 25,00 € of goods, and the least expensive tracked service from that amount. Where an untracked service accepts the parcel, the Buyer may choose it after being informed that such a parcel cannot be insured and that neither its dispatch nor its delivery can be proven; this choice is recorded with the Order. Parcels whose weight or value exceeds what untracked services accept are shipped with a tracked or insured service. For a sale by an Individual Seller, the Buyer who chose an untracked service bears the risk of loss in transit, and a dispute for non-delivery of that parcel may be settled in the Seller's favour where the Seller shows that it was posted. This paragraph does not limit the statutory rights of a Consumer buying from a Professional Seller, who bears the risk of loss or damage until the goods are delivered.

Condition grading. Kizuna uses the international TCG scale, and the grade is a commitment:

• Mint (MT) — flawless, fresh out of the booster.
• Near Mint (NM) — almost perfect, microscopic flaws tolerated.
• Lightly Played (LP) — visible wear, card still fully playable in sleeves.
• Damaged (DM) — heavy wear, creases or stains.

Counterfeit, altered or unlawfully reproduced cards and products are strictly prohibited and will result in immediate listing removal and account suspension. Sealed product must be genuinely sealed.

9. Order formation and cancellation before Dispatch

9.1 Formation. The sales contract is concluded between the Buyer and the Seller when the Order is confirmed and payment is authorised.

9.2 Buyer request. A Buyer may request the cancellation of an Order at any time before Dispatch, through the Platform. No reason need be given.

9.3 Orders from Professional Sellers. The request is granted. The Order is cancelled and the Buyer is refunded in full, including the Buyer fee and shipping costs. This is without prejudice to the Buyer's right of withdrawal under article 10, which may equally be exercised before Dispatch.

9.4 Orders from Individual Sellers. No statutory right of cancellation or withdrawal applies to sales concluded with an Individual Seller. The cancellation request is transmitted to the Seller, who decides at their discretion and must give a reason for any refusal. If the Seller refuses, the Order stands and must be dispatched within the period set out in article 8.

9.5 After Dispatch. Once an Order has been dispatched, it can no longer be cancelled under this article. Article 10 applies where the Seller is a Professional Seller.

9.6 Abuse. Repeated cancellation requests, or a pattern of ordering and cancelling that disrupts Sellers' stock management, may result in restrictions under article 16.

10. Right of withdrawal and returns

10.1 Sales by Professional Sellers. A Consumer Buyer has a 14-day right of withdrawal from the day of receipt of the goods, in accordance with articles L221-18 et seq. of the French Consumer Code. This right may be exercised without giving any reason and without penalty, from the conclusion of the contract including before Dispatch, by any unambiguous statement addressed to the Seller through the Platform.

10.2 Refund. The Seller refunds all sums paid, including the standard shipping costs of the outbound delivery, no later than 14 days after recovering the goods or receiving proof of their dispatch by the Buyer, whichever is earlier. SETSUNA refunds the Buyer fee in accordance with article 5.4.

10.3 Return costs are borne by the Buyer, unless the product is defective, non-conforming, or not as described.

10.4 Depreciation. The Buyer is liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning. In particular, opening, unsealing or otherwise breaking the factory seal of a sealed product goes beyond such handling, and the Seller may deduct a corresponding amount from the refund.

10.5 Statutory exceptions. The exceptions listed in article L221-28 of the French Consumer Code apply where relevant, in particular for goods made to the Buyer's specifications or clearly personalised. Sellers are informed that trading cards and sealed products do not, as a general rule, fall within these exceptions: the right of withdrawal must be honoured, and article 10.4 is the appropriate remedy where a product has been opened.

10.6 Sales by Individual Sellers. Sales concluded between a Buyer and an Individual Seller are private sales and are not subject to the statutory right of withdrawal, which applies only to contracts concluded with a trader. Any cancellation or return is a matter of agreement between the parties. This is stated on the listing page and at checkout.

11. Legal guarantees

For sales concluded with a Professional Seller, the Consumer Buyer benefits from the legal guarantee of conformity (articles L217-3 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the Civil Code). These guarantees are owed by the Seller.

For sales concluded with an Individual Seller, only the guarantee against hidden defects under the Civil Code applies, to the exclusion of the consumer guarantee of conformity.

12. Payments, payouts and chargebacks

12.1 Payment. Buyers pay through Stripe at the time of the Order. SETSUNA does not store card data.

12.2 Payout. Funds are released to the Seller once delivery of the parcel is confirmed, by the Buyer or by SETSUNA (in particular on the carrier's proof of delivery), subject to any pending dispute. Funds are held until then so that a Buyer who receives nothing, or receives the wrong thing, is not arguing with someone who has already been paid.

12.3 Withholding. SETSUNA may withhold a payout where there is a pending dispute, a reasonable suspicion of fraud, a breach of these Terms, or missing information required under articles 7 or 23. The Seller is informed of the reason.

12.4 Chargebacks. Buyers are required to use the Platform's dispute process before initiating a chargeback with their bank or card issuer. Where a chargeback is initiated and results from a Seller's failure to perform, SETSUNA may recover the corresponding amount, together with any chargeback fee charged by the payment provider, from the Seller's balance or future payouts.

13. Cross-border sales and taxation

13.1 Temporary restrictions. During the beta phase, certain cross-border transactions may be temporarily suspended while Kizuna completes its registrations with the relevant tax authorities:

• sales from Professional Sellers established in the European Union to the United Kingdom (pending HMRC registration);
• sales from Professional Sellers established in the United Kingdom to the European Union (pending IOSS registration).

These restrictions are enforced at checkout rather than left to surprise the Buyer with a customs bill, and will be lifted progressively as registrations are completed.

Sales to Switzerland are authorised without restriction as long as the cumulative volume of sales facilitated by Kizuna to Switzerland remains below CHF 100,000 over a rolling 12-month period — the threshold above which article 20a of the Swiss VAT Act would require registration with the Swiss Federal Tax Administration. SETSUNA monitors this volume.

13.2 VAT and customs duties. During the beta phase, and as long as SETSUNA is not registered with the foreign tax authorities concerned, SETSUNA does not collect marketplace VAT on behalf of those authorities. Prices displayed are the Sellers' selling prices.

For cross-border sales outside a common customs area (EU ↔ United Kingdom, sales to Switzerland, and similar), import taxes and customs fees may be charged by the customs authorities of the destination country upon delivery. These fees are borne exclusively by the Buyer and are not included in the displayed price or shipping fees. A notice is displayed in the cart and at checkout when an Order is concerned.

Sellers making cross-border shipments must attach the required customs forms (CN22 for shipments up to €425, CN23 above) and declare the actual value of the contents. Any under-declaration may engage the Seller's liability and void coverage in case of dispute.

13.3 Deemed supplier. On consignments of intrinsic value up to €150 imported into the European Union, and on certain sales facilitated for non-EU Sellers, EU law treats the marketplace as the deemed supplier: SETSUNA becomes liable for the VAT on the whole transaction, not merely on its commission. Once the corresponding registrations are obtained (UK VOEC number with HMRC, IOSS number for the European Union), SETSUNA will collect and remit VAT accordingly, and these Terms will be updated.

14. Acceptable use

Users agree to comply with applicable law and to make fair use of the Platform. The following are prohibited:

• fraud, including payment fraud and false claims of non-delivery;
• listing counterfeit or infringing goods;
• disrupting or attempting to disrupt the service;
• automated data collection, scraping, or reproduction of the Platform's catalogue or database;
• harassment or abusive conduct towards other users;
• circumventing the Platform to conclude transactions off-Platform after contact has been established through it.

15. Notice and action — illegal content

Any person may notify SETSUNA of content hosted on the Platform that they consider illegal, including counterfeit listings, by writing to admin@kizuna.setsunacards.fr or using the reporting function available on each listing.

To be actionable, a notice should include:

• a sufficiently substantiated explanation of why the content is considered illegal;
• the exact URL or listing reference;
• the name and email address of the notifying party (except where the notice concerns child sexual abuse material or similar offences);
• a statement of good faith as to the accuracy of the information provided.

SETSUNA acknowledges receipt, examines the notice diligently and without undue delay, and informs the notifying party of its decision together with a statement of reasons. The user whose content is affected is likewise informed and may contest the decision by replying to that notification.

16. Suspension and termination

16.1 By the user. Users may close their account at any time, subject to the completion of any Orders in progress.

16.2 By SETSUNA. SETSUNA may restrict, suspend or terminate an account, or remove one or more listings, in the event of a breach of these Terms, fraud, false declaration of status, missing mandatory information, or disruption of the service.

16.3 Statement of reasons. Where SETSUNA restricts, suspends or terminates a Seller's account, it provides the Seller with a statement of the reasons for that decision, on a durable medium, before or at the latest when the measure takes effect.

16.4 Notice. Termination of a Seller account takes effect after 30 days' notice, except where SETSUNA is subject to a legal obligation, where the Seller has repeatedly breached these Terms, or in cases of fraud or serious risk to Buyers, in which case the measure may take immediate effect.

16.5 Contesting a decision. A Seller may contest any measure taken under this article by writing to admin@kizuna.setsunacards.fr. SETSUNA examines the request and responds within a reasonable period.

17. Ranking of listings

Listings are ranked by relevance to the search, by price including shipping to the Buyer's country, by seller rating and by stock availability. Ranking is not for sale: no Seller can pay for position, and no Seller receives preferential placement.

18. Intellectual property

All Platform content — including its structure, interface, design system, texts and databases — is protected by intellectual property law, including the sui generis database right. Unauthorised extraction or reuse of all or a substantial part of the Platform's database is prohibited.

Card names, images and game trademarks remain the property of their respective right holders and are used for identification purposes only.

19. User content

Users retain ownership of the content they publish (listings, images, texts, reviews) but grant SETSUNA a non-exclusive, worldwide, royalty-free licence to host, display, reproduce and adapt it for the purposes of operating and promoting the Platform, for the duration of the account plus the period necessary for archiving and legal obligations.

20. Availability

The Platform is provided “as is” without guarantee of uninterrupted access. SETSUNA may suspend access temporarily for maintenance, and will endeavour to give prior notice where practicable.

21. Liability

SETSUNA is liable for the intermediation service it provides under these Terms, in accordance with applicable law. SETSUNA is not liable for:

• the conformity, quality, authenticity or delivery of products sold by Sellers;
• disputes arising between Buyers and Sellers;
• indirect or consequential damages.

Nothing in these Terms excludes or limits SETSUNA's liability where such exclusion or limitation is prohibited by law, in particular towards Consumers.

22. Disputes and mediation

22.1 Platform facilitation. SETSUNA may intervene to facilitate the resolution of a dispute between users, without issuing legally binding decisions. Users are encouraged to use the Platform's dispute process before any other step. The Seller's payout stays on hold while a dispute is open.

22.2 Complaints against SETSUNA. Any complaint relating to the intermediation service must first be addressed to admin@kizuna.setsunacards.fr.

22.3 Consumer mediation. In accordance with article L612-1 of the French Consumer Code, a Consumer who has been unable to resolve a complaint directly with SETSUNA may refer the matter free of charge to a consumer mediator. SETSUNA is completing its registration with a mediation body; the details will be published here and communicated to Consumers as soon as that registration is effective. In the meantime, Consumers keep every remedy available to them by law.

23. Personal data

Personal data is processed in accordance with the General Data Protection Regulation and the Privacy Policy, which forms an integral part of these Terms.

24. Tax obligations and DAC7 reporting

24.1 Seller obligations. Sellers are solely responsible for their tax and social obligations, including:

• the declaration of income derived from their sales;
• the collection and remittance of VAT, where applicable, for Professional Sellers;
• registration with the competent authorities where the activity so requires.

SETSUNA recommends that any Seller in doubt consult an accountant or tax adviser.

24.2 DAC7 reporting. In accordance with Directive (EU) 2021/514 as transposed into French law, SETSUNA is required to report annually to the French tax administration (DGFiP) the income of Sellers having, over the calendar year, carried out 30 transactions or more or received more than €2,000 in consideration, net of the fees withheld by SETSUNA.

For this purpose, SETSUNA requests from the Sellers concerned, through a form in the seller area:

• Individual Sellers — surname, first name, main address, date of birth, Tax Identification Number and the country that issued it (place of birth where no such number has been issued), VAT number where applicable;
• Business Sellers — legal name, main address, Tax Identification Number, business registration number (SIREN in France), VAT number where applicable;
• optionally, the IBAN of the account receiving payouts.

Sellers undertake to provide and keep this information up to date. Where it has not been provided after the initial request and two reminders, and at the earliest sixty days after the request, SETSUNA closes the Seller account as required by article 1649 ter D of the French Tax Code: listings are taken off sale and payouts withheld until the information is provided. This data is transmitted to the DGFiP, which may forward it to the tax administration of the Seller's country of residence where that Seller is resident in another EU Member State.

24.3 Seller information. Crossing the DAC7 thresholds does not prejudge the Seller's professional status nor any resulting taxation. It is a reporting obligation incumbent on SETSUNA, independent of the tax regime applicable to the Seller.

25. Extended producer responsibility

Professional Sellers established in France who place packaged products on the French market must provide SETSUNA with their unique extended producer responsibility identifier, issued by ADEME, in accordance with article L541-10-9 of the French Environment Code. SETSUNA records this identifier and may restrict the listings of any Professional Seller who fails to provide it.

26. Force majeure

Neither party shall be liable for any failure to perform resulting from an event of force majeure within the meaning of article 1218 of the French Civil Code.

27. Amendments

SETSUNA may update these Terms. Users are informed by email and through the Platform. Changes take effect 15 days after notification for Sellers, and 30 days after notification where the change concerns fees or commissions. A Seller who does not accept the changes may terminate their account before they take effect; continuing to use the Platform after that date constitutes acceptance. The version in force is available on the Platform at all times.

28. Governing law and jurisdiction

These Terms are governed by French law. Consumers retain the benefit of the mandatory protective provisions of the law of their country of residence and may bring proceedings before the courts of that country.

29. Contact

SETSUNA — Clément Leblic
35 rue Paul Verlaine
76960 Notre-Dame-de-Bondeville
France

Email: admin@kizuna.setsunacards.fr · Contact form · Full company details in the Legal Notice.