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Gacha Xchange

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Contents

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How to Buy

Before you buy, please make sure the item is legitimate by verifying the identity of the creator.

After purchasing, you have 15 minutes to return the item if you're not satisfied. To return it, it must not be unpacked.

By purchasing an item offered on Gacha Xchange, you agree to the Gacha Xchange Terms of Service.

Selling an Item

* When the same gacha item is listed multiple times, the one with the lowest price will be sold first. Please keep this in mind when deciding on a price.

** Gacha Xchange charges a 2% commission fee on your sales price (L$1 for a sales price between L$2 and L$50, L$2 for a sales prices between L$51 and L$100, etc.)

Support

Gacha Xchange is a service provided by Carlyle Theas Solutions

For support questions, please contact Carlyle Theas by e-mail (carlyle (dot) theas (at) yahoo (dot) com) or in-world.

Terms of Service

These terms and conditions ("Terms", "Agreement") are an agreement between Website Operator ("Website Operator", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Gacha Xchange Website and any of its products or services (collectively, "Website" or "Services").

User content

We do not own any data, information or material ("Content") that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you.

Refund policy

Since our Website offers non-tangible, irrevocable goods we do not provide refunds after the product is purchased, which you acknowledge prior to purchasing any product on the Website. Please make sure that you've carefully read product description and verified the creator's identity before making a purchase.

Backups

We perform regular backups of the Website and Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.

Links to other websites

Although this Website may link to other websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties. You should carefully review the legal statements and other conditions of use of any website which you access through a link from this Website. Your linking to any other off-site websites is at your own risk.

Intellectual property rights

This Agreement does not transfer to you any intellectual property owned by Website Operator or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Website Operator. All trademarks, service marks, graphics and logos used in connection with our Website or Services, are trademarks or registered trademarks of Website Operator or Website Operator licensors. Other trademarks, service marks, graphics and logos used in connection with our Website or Services may be the trademarks of other third-parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Website Operator or third-party trademarks.

Limitation of liability

To the fullest extent permitted by applicable law, in no event will Website Operator, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Website Operator has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Website Operator and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Website Operator for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

Indemnification

You agree to indemnify and hold Website Operator and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.

Severability

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Switzerland without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Switzerland. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Switzerland, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Changes and amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.

Acceptance of these terms

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Website and its Services.

Contacting us

If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to carlyle (dot) theas (at) yahoo (dot) com.

This document was last updated on February 9, 2020

FAQ

Is there a guarantee that I will receive the actual item, and not some fake or empty box?
When an item is submitted, the box is checked. The creator needs to be the owner of a known brand, only then will it be accepted. If the verifiation fails, the box is returned to the submitter. Before you buy, however, please make sure that the creator actually makes the item you want to buy. If they don't, this is an indication that something if phony. In such a case, please be in touch with Carlyle Theas.
Also, make sure to check the contents of the box. When you click the "Buy" button on an item, you can see what's inside. Make sure it contains what you expect. Please note, however, that some gacha items may not come in a box, i.e., are the actual item, so they might not have any contents at all.

The item I purchased was a fake. What can I do now?
After purchasing, you have 15 minutes to verify that the item is real. If you're not happy with it, you may return it free of charge. Just offer it back to GachaXchange Resident, and you'll be issued a refund. Note, however, that you must not unpack it. Otherwise it can't be returned.

Can I get back an item I submitted?
Yes, you can. Simply chat the item's name to GachaXchange Resident. It will check if you submitted an item with that name, and if you did, it will unlist your submission and return it to you free of charge.

My item is being rejected. What can I do?
Gacha Xchange does a number of checks to determine if the submitted item might be a valid gacha: