gumgumroad

Pre-launch draft

This document is a working draft while gumgumroad completes its legal review. It is not a substitute for final terms; a revised version will replace it before the marketplace opens to buyers.

Legal

Seller Agreement

Version dated 2026-08-31

gumgumroad Seller Agreement

Effective Date: [DATE]

Last Updated: [DATE]

1. Applicability

This Seller Agreement ("Agreement") is between gumgumroad, Inc., a Delaware corporation ("gumgumroad"), and you, in your capacity as a seller on the gumgumroad Platform. This Agreement is in addition to, and does not replace, the gumgumroad Terms of Service, which continue to apply to all your activity on the Platform.

By listing any Card for sale on the Platform, you agree to be bound by this Agreement.

2. Merchant-of-Record Structure and Title Transfer

2.1 gumgumroad Is the Merchant of Record. For every sale on the Platform, gumgumroad is the merchant of record. Buyers purchase from gumgumroad, not directly from you.

2.2 Instantaneous Title Transfer. When a buyer completes checkout, you irrevocably transfer title to the Card(s) sold to gumgumroad at the moment of the buyer's payment authorization. gumgumroad simultaneously transfers title to the buyer. This structure applies notwithstanding that physical possession of the Card transfers directly from you to the buyer via shipment.

2.3 Your Warranty of Title. You warrant that at the moment of sale you hold clear title to the Card, free of any lien or encumbrance, and that no third party has any right to the Card.

2.4 Consideration. Your consideration for transferring title to gumgumroad is your payout: the listed sale price, less gumgumroad's marketplace fee (currently [X]%), Stripe payment processing fees (currently 2.9% + $0.30), and any refunds, chargebacks, or holdbacks pursuant to this Agreement.

3. Onboarding and Verification

3.1 Stripe Connect Express. Before creating your first listing, you must complete Stripe Connect Express onboarding, including providing your legal name, address, date of birth, tax identification number (SSN or EIN), and a linked bank account.

3.2 Identity Verification. Stripe may require additional identity verification (including government-issued ID) as your sales volume grows. Failure to complete verification when requested will result in your account being restricted from payouts until you comply.

3.3 1099-K Reporting. gumgumroad is the payment settlement entity for tax reporting purposes. We will issue an IRS Form 1099-K to you if your annual sales exceed the applicable IRS threshold. You are responsible for reporting income and paying any tax owed.

4. Listing Standards

4.1 Ownership. You may only list Cards you own or have express written authority to sell on behalf of the owner.

4.2 Accuracy. You must accurately represent:

  • The specific card (product, set, card number);
  • The sub-type (Normal / Foil / Reverse Holofoil / etc.);
  • The language of the card;
  • The condition, using gumgumroad's standard grading scale (NM / LP / MP / HP / DM);
  • The quantity available;
  • Any professional grading (with grader's assigned grade in the description).

4.3 Prohibited Listings. You may not list:

  • Counterfeit, altered, proxy, or reproduction Cards misrepresented as authentic;
  • Cards obtained through theft, fraud, or breach of contract;
  • Any item other than a trading card;
  • Cards subject to a chargeback or dispute you have not resolved;
  • Sealed products misrepresented as containing specific cards.

4.4 Photos (Optional). You may attach photos to a listing. Photos must accurately represent the specific Cards you are selling.

4.5 Removal Right. gumgumroad may remove any listing at our sole discretion, including for inaccuracy, ToS violation, or suspected fraud.

5. Fulfillment Obligations

5.1 Shipping Window. You must ship purchased Cards within three (3) business days of the order notification. Delays beyond this window that are not communicated to the buyer through the Platform will be considered a fulfillment failure.

5.2 Tracking Requirement. For orders totaling twenty dollars ($20.00) or more, you must provide valid tracking information via the Platform. You may not mark such an order as shipped without a tracking number that validates against a supported carrier (USPS, UPS, FedEx, DHL, others as gumgumroad may support).

5.3 Packaging Standards. Cards must be shipped in appropriate protective packaging (top-loader or equivalent for singles; rigid packaging for slabs and sealed product). Cards damaged in transit due to inadequate packaging are the seller's responsibility.

5.4 Address Restrictions. You must ship to the shipping address provided by the buyer at checkout. Shipping to any other address is a violation of this Agreement.

5.5 Combined Shipping. If a single buyer purchases multiple Cards from you in one order, you must ship them in a single package and provide one tracking number.

6. Payouts, Fees, and Holdbacks

6.1 Marketplace Fee. gumgumroad deducts a fee of [X]% (currently) of the sale price (excluding shipping and tax) from your payout on each order. This fee may change with thirty (30) days' notice.

6.2 Payment Processing Fees. Stripe's payment processing fees are deducted from your payout.

6.3 Holdback Period. Your payout is transferred to your Stripe Connect account after the applicable holdback period elapses:

  • Tracked orders: three (3) days after delivery confirmation from the shipping carrier.
  • Untracked orders under $20.00: fourteen (14) days after shipment or three (3) days after buyer's manual receipt confirmation, whichever is earlier.
  • New sellers (first three completed sales): seven (7) days after delivery confirmation.

6.4 Extended Holds. gumgumroad may extend the holdback period on any transaction while investigating a Dispute, suspected fraud, or a pattern of buyer complaints against your account.

6.5 Payout Schedule. Once released from holdback, funds settle to your linked bank account per Stripe's standard payout schedule (typically 2 business days).

7. Disputes and Chargebacks

7.1 Response Obligation. You must respond to any Dispute opened by a buyer within forty-eight (48) hours through the Platform. Failure to respond will result in automatic refund to the buyer and forfeiture of your payout for that order.

7.2 Refund Deductions. If a Dispute is resolved in the buyer's favor after your payout has been released, gumgumroad may deduct the refund amount from your future payouts or, if your Stripe Connect balance is insufficient, invoice you for the balance.

7.3 Chargebacks. If a buyer files a chargeback with their card issuer that is decided against gumgumroad, the chargeback amount and any associated fees will be deducted from your future payouts or your Stripe Connect balance.

7.4 Dispute Rate. Sellers with a Dispute-to-order ratio exceeding [Y]% over a rolling ninety (90) day period may have their account restricted or terminated.

8. Reviews

8.1 Buyer Reviews. Buyers may leave a review of your performance on any completed order. Reviews are public and become part of your seller profile.

8.2 No Manipulation. You may not solicit fake reviews, purchase from your own listings, or otherwise manipulate your rating. Doing so is grounds for termination and forfeiture of pending payouts.

9. Suspension and Termination

9.1 Grounds for Suspension. gumgumroad may suspend your seller privileges without notice for:

  • Material breach of this Agreement or the Terms of Service;
  • Suspected fraud, misrepresentation, or theft;
  • A Dispute rate exceeding the threshold in Section 7.4;
  • Failure to complete Stripe verification when required;
  • Chronic late fulfillment.

9.2 Effect of Suspension. During suspension: (a) your existing listings are hidden; (b) pending payouts may be held pending investigation; (c) you must complete any orders already placed unless refunded.

9.3 Termination. gumgumroad may terminate this Agreement for cause immediately, or for convenience with thirty (30) days' notice.

10. Representations and Warranties

You represent and warrant that:

  • You are at least eighteen (18) years of age;
  • You have full legal authority to enter into this Agreement;
  • You will comply with all applicable laws (including tax laws) in operating your seller account;
  • All Cards you list are authentic, owned by you, and accurately described;
  • You will not use the Platform for any illegal purpose.

11. Indemnification

You agree to indemnify, defend, and hold harmless gumgumroad, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your breach of this Agreement or the Terms of Service;
  • Your failure to accurately describe any Card;
  • Any claim that a Card you sold is counterfeit, stolen, or infringes any third-party right;
  • Your failure to comply with applicable tax laws.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, gumgumroad's TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE MARKETPLACE FEES YOU PAID TO gumgumroad IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Miscellaneous

13.1 Independent Contractor. Nothing in this Agreement creates a partnership, employment, or joint-venture relationship between you and gumgumroad. You are an independent contractor.

13.2 No Exclusive Rights. You may sell Cards on other platforms concurrently. However, you are responsible for maintaining accurate inventory quantities on gumgumroad to avoid overselling.

13.3 Amendment. gumgumroad may modify this Agreement with thirty (30) days' notice. Continued listing after the effective date constitutes acceptance.

13.4 Governing Law and Dispute Resolution. This Agreement is governed by the laws of the State of Delaware. Disputes are subject to the arbitration provisions of the Terms of Service.

13.5 Entire Agreement. This Agreement, together with the Terms of Service and the Privacy Policy, constitutes the entire agreement between you and gumgumroad regarding your role as a seller.

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