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    Home›Terms of Service

    Terms of Service

    Last updated: December 2025
    1. Introduction

    Welcome to Midnight Merchant. These Terms of Service ("Terms"), together with our Privacy Policy, Cookie Policy, Shipping Policy, and Returns & Refunds Policy, govern your access to and use of the Midnight Merchant website, services, and applications (collectively, the "Services").

    By creating an account or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

    Midnight Merchant is operated by OKONOMI ONE PTY LTD (ABN 46 661 651 798), an Australian company. References to "we", "us", "our", or "Midnight Merchant" refer to OKONOMI ONE PTY LTD.

    2. About Our Marketplace

    Midnight Merchant is a Consumer-to-Consumer (C2C) online marketplace that connects buyers and sellers of trading card game (TCG) products. We provide the platform and tools to facilitate transactions between independent sellers and buyers.

    Important: When you purchase an item on Midnight Merchant, you are buying directly from an independent seller, not from Midnight Merchant. We do not:

    • Own, hold, or sell any trading card inventory
    • Package, ship, or fulfil orders
    • Hold buyer payments or seller funds
    • Guarantee the condition, authenticity, or delivery of items
    3. Account Registration

    To access certain features of our Services, you must create an account. You may register using your email address or through a third-party authentication service.

    By creating an account, you agree to:

    • Provide accurate and complete registration information
    • Maintain the security and confidentiality of your account credentials
    • Accept responsibility for all activities that occur under your account
    • Notify us immediately of any unauthorised use of your account

    You must be at least 18 years old to create an account and use our Services.

    4. Buyer Terms

    When you purchase an item on Midnight Merchant, you enter into a transaction directly with the seller. All payments are processed through PayPal Goods & Services.

    As a buyer, you agree to:

    • Pay for items you purchase promptly through PayPal
    • Provide accurate shipping information
    • Contact sellers directly with questions about orders
    • Attempt to resolve issues with sellers before escalating to PayPal

    Currently, Midnight Merchant only supports shipping to Australian addresses.

    5. Seller Terms

    This section constitutes the Seller Agreement. By completing the seller onboarding process and listing items for sale, you agree to abide by these terms.

    5.1 Seller Eligibility

    To sell on Midnight Merchant, you must:

    • Be at least 18 years old
    • Have a valid PayPal account (Personal or Business)
    • Complete our seller onboarding process
    • Agree to these Terms of Service

    5.2 Listing Requirements

    When creating listings, you agree to:

    • Provide accurate and complete product descriptions
    • Upload clear, accurate images that represent the actual item being sold
    • Accurately describe the condition of ungraded cards
    • For graded cards: include the grading company name, grade value, and clear images of the graded slab
    • Set fair and accurate prices
    • Only list items you own and have in your possession

    5.3 Order Fulfilment

    When an item sells, you agree to:

    • Dispatch items within 5 business days of receiving payment. If you cannot meet this timeframe, you must contact the buyer to advise of the delay.
    • Package items securely to protect against water damage, bending, scratches, and scuffs. We recommend using card sleeves, top loaders, cardboard backing, and appropriate outer packaging.
    • Ship to the address provided by the buyer
    • Update order status in your Transaction Hub when shipped

    5.4 Customer Service

    As a seller, you are responsible for:

    • Responding to buyer enquiries in a timely manner
    • Handling returns and refunds in accordance with our Returns & Refunds Policy
    • Working in good faith to resolve any issues with buyers
    • Processing refunds through PayPal when agreed or required

    5.5 Payments to Sellers

    When a buyer completes a purchase, funds are transferred directly to your PayPal account. Midnight Merchant does not hold funds at any point during the transaction. You are responsible for any applicable taxes on your sales.

    6. Fees

    Listing items on Midnight Merchant is free. When an item sells, the following fees apply:

    • Platform Fee: 7.5% of the item sale price. This fee is calculated on the item price only and excludes shipping costs.
    • PayPal Transaction Fee: 2.6% + $0.30 AUD on the total transaction amount (item price + shipping cost). This fee is charged by PayPal.

    All fees are quoted in Australian Dollars (AUD). We may update our fees from time to time and will notify users of any changes by posting updates on our website.

    7. Prohibited Items and Conduct

    You may not list the following on Midnight Merchant:

    • Counterfeit or replica trading cards
    • Custom or fan-made cards
    • Non-TCG products
    • Adult or explicit content
    • Listings with offensive, misleading, or inappropriate titles or descriptions

    You agree not to:

    • Violate any applicable laws or regulations
    • Post false, misleading, or deceptive content
    • Infringe on intellectual property rights of others
    • Harass, abuse, or harm other users
    • Attempt to circumvent platform fees or take transactions off-platform
    • Use automated systems to access our Services without permission
    • Interfere with the proper functioning of our Services
    8. Payment Processing

    All payments on Midnight Merchant are processed through PayPal Goods & Services. By using our platform, you agree to PayPal's terms and conditions.

    PayPal Goods & Services provides buyer and seller protection for eligible transactions. Please refer to PayPal's documentation for details on their protection policies.

    9. Disputes Between Users

    If you have an issue with a transaction, we encourage you to resolve it directly with the other party. Contact the buyer or seller through our messaging system to discuss and resolve the issue.

    If you cannot reach a resolution, you may open a dispute through PayPal's Resolution Center. Midnight Merchant may provide guidance but does not arbitrate disputes between users. PayPal's dispute resolution process is the final avenue for unresolved transaction issues.

    10. Intellectual Property

    The Midnight Merchant platform, including its design, features, logos, and content created by us, is protected by copyright and other intellectual property laws. You may not copy, modify, distribute, or create derivative works from our platform without our express written permission.

    When you upload content to our platform (such as product images and descriptions), you grant us a non-exclusive, worldwide, royalty-free licence to use, display, and distribute that content in connection with providing our Services.

    11. Limitation of Liability

    Midnight Merchant provides a platform to facilitate transactions between buyers and sellers. We do not guarantee the quality, safety, legality, authenticity, or accuracy of listings posted by users.

    To the maximum extent permitted by law, Midnight Merchant and OKONOMI ONE PTY LTD are not liable for any indirect, incidental, special, or consequential damages arising from your use of our Services, including but not limited to loss of profits, data, or goodwill.

    Nothing in these Terms excludes or limits any consumer guarantees or rights that cannot be excluded under Australian Consumer Law.

    12. Account Suspension and Termination

    We may suspend or terminate your account if you:

    • Violate these Terms of Service
    • Engage in fraudulent activity
    • List prohibited items
    • Receive repeated complaints from buyers
    • Fail to fulfil orders or respond to buyers
    • Act in a manner that harms other users or our platform

    You may delete your account at any time through the 'My Details' section of your account settings. Upon deletion, we retain your data for 30 days before permanent deletion.

    13. Changes to These Terms

    We may update these Terms from time to time. When we make significant changes, we will notify you by email or by posting a notice on our website. Your continued use of our Services after changes are posted constitutes your acceptance of the updated Terms.

    14. Governing Law

    These Terms are governed by the laws of Victoria, Australia. You and Midnight Merchant submit to the non-exclusive jurisdiction of the courts of Victoria, Australia for the resolution of any disputes arising from these Terms or your use of our Services.

    15. Contact Us

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

    Email: contact@midnight-merchant.com

    Business Details:

    OKONOMI ONE PTY LTD

    Trading as Midnight Merchant

    ABN: 46 661 651 798

    2/402 Gaffney St Pascoe Vale 3044, VIC

    Phone: +61 468 531 807

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