Terms of Service & Consignment Agreement
These Terms of Service and Consignment Agreement (“Terms”) constitute an agreement between the consignor (“Consignor,” “you,” or “your”) and MSG's Treasures LLC, a South Carolina limited liability company, doing business as MSG's Cards (“MSG's Cards,” “Company,” “we,” “us,” or “our”).
MSG's Treasures LLC operates MSG's Cards from Columbia, Richland County, South Carolina. MSG's Cards is the trade/DBA name under which MSG's Treasures LLC conducts its card-related business.
1. Eligibility
You must be at least 18 years old and legally capable of entering into a binding agreement to use MSG's Cards consignment services.
If you are acting on behalf of a business or other legal entity, you represent that you have authority to bind that entity to these Terms.
2. Consignment Relationship
By submitting an item to MSG's Cards, you authorize MSG's Treasures LLC, doing business as MSG's Cards, to market, list, offer for sale, sell, collect payment for, package, and ship the item on your behalf in accordance with these Terms.
Ownership of an unsold consigned item remains with the Consignor unless otherwise provided by these Terms.
Submission of an item does not guarantee that the item will be accepted, listed, or sold.
3. Ownership and Authority to Consign
By submitting an item, you represent and warrant that:
- You are the lawful owner of the item or have legal authority to consign it.
- The item is not stolen, unlawfully obtained, or otherwise subject to a third-party ownership claim.
- The item is not subject to a lien, security interest, or other restriction preventing its sale.
- You have disclosed any known alteration, damage, authenticity issue, or other material issue affecting the item.
MSG's Cards may refuse, remove, or return any item we reasonably believe does not satisfy these requirements.
4. Accepted Items and Minimum Value Requirements
MSG's Cards determines which items and categories are eligible for consignment.
Accepted categories, minimum values, quantity requirements, grading requirements, and other submission standards may be established or updated from time to time.
Unless otherwise stated, individual consignment cards must meet the applicable $5 minimum market-value requirement. Graded cards are subject to the applicable graded-card minimum value stated in our current submission guidelines.
If, during intake or processing, MSG's Cards determines that a submitted card does not meet the applicable minimum consignment value, the card will not be individually listed for consignment.
The Consignor may request that an ineligible card be returned at the Consignor's expense or, when applicable, may choose to sell the card to MSG's Cards under our then-current bulk purchasing program or other mutually agreed purchase terms.
MSG's Cards will not automatically purchase, retain ownership of, or convert an ineligible card to bulk without the Consignor's authorization.
Any applicable return shipping charges remain the responsibility of the Consignor.
MSG's Cards reserves the right to reject an item before or after intake if it does not meet our requirements.
5. Receipt and Inspection
Upon receipt, submitted items may be inspected, identified, sorted, scanned, photographed, inventoried, and otherwise processed for sale.
Our identification or condition assessment is made for purposes of listing and selling the item and does not constitute a professional grading or authentication guarantee unless expressly stated otherwise.
If an item materially differs from the information provided by the Consignor, MSG's Cards may correct the listing information, reject the item, or contact the Consignor for further instructions.
6. Condition and Authenticity
The Consignor is responsible for disclosing known authenticity, alteration, or condition issues.
MSG's Cards reserves the right to decline any item we believe may be counterfeit, altered, improperly labeled, materially damaged, or otherwise unsuitable for sale.
Acceptance of an item does not constitute a guarantee by MSG's Cards that the item is authentic or will receive any particular grade or condition designation from a third party.
7. Listing and Pricing Authority
By consigning an item, you authorize MSG's Cards to determine reasonable listing prices and make reasonable pricing adjustments based on market conditions.
Pricing may consider marketplace data, recent sales, current listings, condition, demand, inventory levels, and other relevant factors.
Collectible prices fluctuate, and MSG's Cards does not guarantee that an item will sell for any particular amount.
8. Listing Schedule
MSG's Cards determines when accepted items are listed.
Not all items from a submission are necessarily listed at the same time. Higher-value items, multiple copies of the same item, or other inventory may be staggered when we believe doing so is beneficial to the sale process.
Lower-value inventory may be listed together or in larger batches.
9. Sales Format
MSG's Cards primarily sells consigned inventory using fixed-price / Buy It Now listings rather than auctions, unless otherwise agreed.
We may accept reasonable buyer offers or otherwise adjust pricing in accordance with our established selling practices and market conditions.
10. Selling Platforms
MSG's Cards may list and sell consigned inventory through marketplaces and sales channels we determine appropriate.
These may include eBay, ManaPool, TCGplayer when available, and other approved sales channels.
The Consignor authorizes MSG's Cards to determine the appropriate marketplace or marketplaces for each item.
11. Marketplace Rules
Sales made through third-party marketplaces are subject to the rules, buyer protections, payment procedures, refund policies, and dispute processes of those marketplaces.
Those rules may require MSG's Cards to issue a refund, accept a return, cancel an order, or otherwise adjust a transaction.
By using the consignment service, the Consignor acknowledges that these third-party marketplace requirements may affect a transaction after an item has been listed or sold.
12. Consignment Payout
The Consignor's payout is determined according to the applicable consignment rate in effect for the consignment unless otherwise agreed in writing.
The payout percentage is applied to Net Proceeds, rather than necessarily to the gross sale price.
13. Net Proceeds
For purposes of these Terms, “Net Proceeds” means the amount actually realized from a sale after deduction of applicable marketplace selling fees and transaction-related charges.
The applicable consignment payout percentage is then applied to Net Proceeds.
Any separately disclosed MSG's Cards processing fee or other agreed charge may then be deducted from the amount otherwise payable to the Consignor.
14. Processing Fees
Unless otherwise stated in the applicable rate schedule:
- Items sold for $5.00 through $24.99 are subject to a $0.49 processing fee.
- Items sold for $25.00 or more are subject to a $0.99 processing fee.
Applicable processing fees may be deducted directly from amounts otherwise payable to the Consignor.
15. Payout Timing
MSG's Cards generally sends Consignor payouts 24 hours after a completed sale.
A sale is considered completed for initial payout purposes after successful buyer payment has been received and the transaction is eligible for processing by MSG's Cards.
The 24-hour payout policy does not eliminate the possibility of a later buyer return, refund, chargeback, payment reversal, marketplace dispute, or other transaction adjustment.
MSG's Cards reserves the right to temporarily delay, hold, or offset a payout when a transaction is reasonably suspected of fraud, unauthorized payment, payment reversal, buyer dispute, marketplace investigation, or another material irregularity.
16. Returns, Refunds and Post-Payout Adjustments
Third-party marketplaces may permit buyers to return items or dispute transactions after the Consignor has already received payment.
If MSG's Cards has paid the Consignor and the related transaction is subsequently refunded, reversed, charged back, canceled, or otherwise adjusted, the Consignor authorizes MSG's Cards to recover the applicable amount.
MSG's Cards may deduct the amount owed from the Consignor's current account balance or from future payouts.
If the Consignor's available balance or future payouts are insufficient to cover the amount owed, the Consignor remains responsible for the outstanding balance.
MSG's Cards may suspend additional payouts or services while an outstanding balance remains unresolved.
17. Buyer Returns
MSG's Cards will administer buyer returns in accordance with the applicable marketplace rules and our selling policies.
Returned items may be inspected before being returned to inventory.
If a buyer return materially changes the condition or value of an item, MSG's Cards may pursue available marketplace remedies when reasonably appropriate.
MSG's Cards does not guarantee that a marketplace will decide a return, claim, or dispute in our or the Consignor's favor.
18. Unpaid or Canceled Orders
An unpaid order does not constitute a completed sale.
If a buyer fails to pay, cancels an eligible transaction, or the marketplace cancels the transaction before completion, the item may be relisted.
No Consignor payout is owed for an unpaid or canceled transaction unless MSG's Cards actually receives and retains the applicable sale proceeds.
19. 90-Day Listing Period
Consigned items are intended to remain listed for a minimum period of 90 days.
The 90-day period is measured from the date the individual item is first listed for sale, rather than the date the shipment or submission is received by MSG's Cards.
20. Early Withdrawal
A Consignor may request the return of an unsold item before completion of its 90-day listing period.
A $1.00 per-item early withdrawal fee applies to each item requested back before completion of the 90-day listing period.
The Consignor is also responsible for applicable return shipping costs.
21. Withdrawal After 90 Days
After an item has been listed for at least 90 days, the Consignor may request its return without a withdrawal fee.
The Consignor remains responsible for applicable return shipping costs.
22. Items That Cannot Be Withdrawn
An item may not be withdrawn after it has sold.
MSG's Cards may also temporarily deny or delay a withdrawal request when the item is involved in an accepted offer, pending payment, active transaction, buyer return, chargeback, dispute, marketplace investigation, or another unresolved transaction.
The item may become eligible for withdrawal after the applicable matter has been resolved.
23. Return Shipping
Unless otherwise expressly agreed in writing, the Consignor is responsible for the cost of shipping requested inventory back to the Consignor.
MSG's Cards may require payment of applicable withdrawal fees, return shipping charges, outstanding balances, or other amounts due before returned inventory is shipped.
24. Shipping Items to MSG's Cards
The Consignor is responsible for securely packaging items sent to MSG's Cards.
Unless otherwise agreed in writing, the Consignor bears the risk of loss or damage while a shipment is in transit to MSG's Cards.
We strongly recommend using shipment tracking and appropriate insurance for valuable submissions.
25. Storage and Handling
MSG's Cards will exercise reasonable care in storing and handling accepted consigned inventory.
Consigned items may be removed from sleeves, holders, top loaders, team bags, storage boxes, or other materials in which they were submitted when reasonably necessary for identification, scanning, photography, storage, listing, or shipment.
Packaging materials submitted with consigned items are not guaranteed to be retained or returned to the Consignor unless otherwise agreed.
26. Loss or Damage While in Our Possession
MSG's Cards will exercise reasonable care in handling and storing accepted consigned items.
If a consigned item is confirmed to have been lost or materially damaged due to MSG's Cards while in our possession, our liability will be limited, to the maximum extent permitted by applicable law, to the item's reasonable fair market value immediately before the loss or damage, taking into consideration the item's condition and reasonably available market data.
MSG's Cards will not be responsible for speculative future appreciation, potential grading results, sentimental value, lost investment opportunity, loss of anticipated profits, or other consequential or indirect losses, to the extent such limitations are permitted by applicable law.
27. Market Risk
Trading cards and other collectibles may increase or decrease in value rapidly.
MSG's Cards does not guarantee future value, investment performance, a particular selling price, or the amount of time required for an item to sell.
By consigning an item, the Consignor accepts the market risk associated with holding, pricing, and selling collectible property.
28. Taxes
The Consignor is responsible for determining and satisfying any federal, state, local, or other tax obligations arising from consignment proceeds.
MSG's Cards does not provide tax, accounting, investment, or legal advice.
Where required by applicable law, MSG's Cards or an applicable payment provider may collect identifying or tax information and may issue required tax documentation.
29. Consignor Account
When consignor-account functionality is provided, the Consignor is responsible for providing accurate and current information and for maintaining the security of account credentials.
The Consignor should promptly review account information, sales, balances, and payout activity and report suspected errors or unauthorized activity to MSG's Cards.
The Consignor is responsible for keeping payout and contact information current.
30. Electronic Communications
By using our services and providing an email address, telephone number, or other electronic contact information, you consent to receive service-related communications electronically.
These communications may include submission information, sales notifications, payout information, account notices, return or dispute communications, and notices concerning changes affecting your consignment.
31. Prohibited Property
MSG's Cards will not knowingly accept stolen, counterfeit, fraudulently obtained, or otherwise unlawful property.
MSG's Cards reserves the right to refuse service, suspend a transaction, preserve relevant records, or cooperate with law enforcement, marketplaces, payment providers, or other appropriate authorities when reasonably required.
32. Right to Refuse or Terminate Service
MSG's Cards may refuse a submission or terminate a consignment relationship when reasonably necessary.
Reasons may include, but are not limited to:
- Suspected fraud or intentional misrepresentation.
- Submission of prohibited or potentially unlawful property.
- Abusive, threatening, or fraudulent conduct.
- Repeated violations of these Terms.
- Unpaid balances owed to MSG's Cards.
- Other legitimate business, safety, marketplace, or legal concerns.
Termination of the relationship does not eliminate amounts already owed by either party.
33. Website and Content
The MSG's Cards website, branding, graphics, written content, logos, photographs, designs, and other original materials are owned by MSG's Treasures LLC or used with permission and may be protected by applicable intellectual-property laws.
Use of our website or services does not grant the user ownership of, or a license to commercially reproduce, our proprietary content except where expressly authorized.
34. Third-Party Services
MSG's Cards relies upon third-party marketplaces, shipping carriers, payment processors, software providers, hosting providers, and other independent services in operating the consignment business.
MSG's Cards is not responsible for interruptions, outages, errors, delays, policy changes, or other acts or omissions of independent third-party services that are beyond our reasonable control.
Third-party services may be governed by their own terms, policies, procedures, and availability.
35. Disclaimer of Warranties
To the fullest extent permitted by applicable law, our website and consignment services are provided on an “as available” basis.
MSG's Cards does not warrant or guarantee that every submitted item will be accepted, that every accepted item will sell, that any particular selling price will be achieved, or that third-party marketplaces and services will operate without interruption or error.
Nothing in these Terms excludes or limits warranties, protections, or other rights that cannot lawfully be excluded or limited under applicable law.
36. Limitation of Liability
To the fullest extent permitted by applicable law, MSG's Treasures LLC, doing business as MSG's Cards, and its owners, employees, agents, and representatives will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages arising out of or relating to the use of the website or consignment services.
Nothing in these Terms is intended to exclude, restrict, or limit any liability or consumer right that cannot lawfully be excluded, restricted, or limited under applicable law.
37. Indemnification
To the extent permitted by applicable law, the Consignor agrees to indemnify, defend, and hold harmless MSG's Treasures LLC, doing business as MSG's Cards, and its owners, employees, agents, and representatives from third-party claims, losses, liabilities, damages, judgments, and reasonable expenses arising out of or relating to:
the Consignor's breach of these Terms; lack of ownership of or legal authority over submitted property; submission of stolen, counterfeit, fraudulently obtained, or otherwise unlawful property; fraud or intentional misconduct by the Consignor; or a material misrepresentation concerning a submitted item.
38. Disputes
Before initiating formal legal proceedings arising out of or relating to these Terms or the consignment services, the Consignor and MSG's Cards agree to make a reasonable, good-faith effort to resolve the dispute informally.
A Consignor seeking to raise a dispute should first contact MSG's Cards and provide sufficient information to identify the transaction and nature of the dispute and allow MSG's Cards a reasonable opportunity to investigate and respond.
Nothing in this section prevents either party from pursuing rights or remedies that cannot lawfully be waived or restricted.
39. Governing Law
These Terms and any dispute arising out of or relating to these Terms or the consignment services shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict-of-law principles, except to the extent applicable federal law controls.
MSG's Treasures LLC operates MSG's Cards from Columbia, Richland County, South Carolina.
Any provision establishing exclusive jurisdiction or venue for legal proceedings shall be subject to applicable law.
40. Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by applicable law.
41. No Waiver
Failure by MSG's Cards to enforce any provision of these Terms on one occasion does not constitute a waiver of that provision or of our right to enforce it in the future.
42. Entire Agreement
These Terms, together with the applicable consignment rate schedule and any additional written terms expressly incorporated into the consignment transaction, constitute the agreement between MSG's Cards and the Consignor concerning the consignment services.
These Terms supersede prior oral or written understandings concerning the same subject matter except where the parties expressly agree otherwise in writing.
43. Changes to These Terms
MSG's Cards may modify these Terms from time to time.
Material changes will apply prospectively as permitted by law. The version applicable to a particular consignment should be determined by the version accepted by the Consignor unless the parties subsequently agree otherwise.
Updated versions may be identified by a revised version number and effective or last-updated date.
44. Electronic Acceptance
Electronic acceptance of these Terms is intended to have the same force and effect as a physical signature to the extent permitted by applicable law.
By checking an acceptance box, electronically signing, submitting a consignment after being presented with these Terms, or otherwise affirmatively indicating acceptance, the Consignor acknowledges that the Consignor has read, understands, and agrees to be bound by these Terms.
MSG's Cards may maintain electronic records documenting the version of the Terms accepted by the Consignor and the date and time of acceptance.
45. Contact
Questions regarding these Terms, a consignment, payout, return, account balance, or other service-related matter should be directed to MSG's Cards using the contact information provided on our website.
The legal entity providing the consignment service is MSG's Treasures LLC, doing business as MSG's Cards, Columbia, Richland County, South Carolina.
By submitting a consignment or otherwise affirmatively accepting these Terms, you acknowledge that you have read, understand, and agree to the MSG's Cards Terms of Service & Consignment Agreement.