Terms of service

Top Change Terms of Service

Version 1.1, effective from the date of publication on the Site. The Terms are available in Polish, English, French and German; in case of discrepancies the Polish version prevails.

§ 1. Operator, nature of the Site and contact

1. The Top Change website at topchangemagic.com (the "Site") is operated by Mighty Little Steps spółka z ograniczoną odpowiedzialnością with its registered office in Lublin, ul. Gospodarcza 26, 20-213 Lublin, Poland, entered in the register of entrepreneurs of the National Court Register kept by the District Court Lublin-Wschód in Lublin with its seat in Świdnik, 6th Commercial Division, under number KRS 0001108348, tax ID (NIP) 9462741095, statistical number (REGON) 528754931, share capital PLN 5,000 (the "Operator").
2. The Operator's single point of contact for users, authorities of the Member States, the European Commission and any other party is the e-mail address contact@topchangemagic.com. Correspondence may be conducted in Polish or English.
3. The Site is a classifieds and auction board on which private individuals resell used magic props, books, playing cards and similar items related to illusion, mentalism, juggling and related performing arts. The Operator provides a service by electronic means and is a hosting service provider within the meaning of Regulation (EU) 2022/2065 (the Digital Services Act, "DSA"): it stores and makes available content published by users.
4. The Operator is not a party to any transaction between users, does not process payments and charges no commission. The Site only records declarations of purchase and sale and their status. Payment, shipping and collection take place directly between the buyer and the seller and are governed by the contract concluded between them.
5. Use of the Site is free of charge.
6. The Site is available in Polish, English, French and German. Listing descriptions may be translated automatically; a translation marked as automatic is for guidance only, and the text in the language in which the seller wrote it is authoritative.

§ 2. Technical requirements and conclusion of the contract

1. To use the Site you need: a device with internet access, an up-to-date web browser with JavaScript and the cookies necessary for the Site enabled, and an active e-mail address. Two-factor sign-in requires an app that generates one-time codes.
2. Browsing listings does not require an account. The contract for maintaining an account is concluded, for an indefinite period, when you confirm your e-mail address after registration or when you first sign in with a Google account.
3. A user who is a consumer may withdraw from the account contract within 14 days of its conclusion without giving a reason, by sending a statement to the point of contact or by deleting the account in the settings. Withdrawal does not affect binding declarations made to other users before the withdrawal.
4. The user may terminate the contract at any time by deleting the account in the settings (§ 14).

§ 3. Accounts and user requirements

1. Only adults may use the Site. By creating an account, the user declares that they are at least 18 years old.
2. Only private individuals who do not carry on business or professional activity in this field may sell, after positive verification by the Operator (a social-media profile and a short video call or, in the simplified mode, the profile alone). The seller declares that they sell items from their own collection. The Site is not intended for businesses, shops or professional selling; the Operator may refuse verification or withdraw seller status where the scale or nature of selling indicates business activity.
3. Each person may have one account. The account is personal and may not be shared. The user is responsible for actions taken from their account and protects their sign-in details; we recommend enabling two-factor sign-in.
4. The user provides true information and updates it when it changes.
5. Creating a new account to circumvent a suspension, ban or restriction is prohibited; such an account is deleted.
6. The user must not supply unlawful content or use the Site in a way that disrupts its operation, including by means of bots and scripts.

§ 4. Listings, "Buy", price proposals and auctions

1. A listing must describe a real, specific item, its condition, completeness and defects. Photos show the item offered. The price is given in the currency chosen by the seller; conversions to other currencies are indicative.
2. Clicking "Buy" on a fixed-price listing is a binding declaration of purchase at the stated price. The listing is reserved for the buyer and the seller has 48 hours to confirm that the item is available; without confirmation within that time the reservation is cancelled and the listing is restored.
3. A price proposal binds the person making it until it expires (48 hours) or is rejected. The seller may accept it, reject it or make one counter-proposal; acceptance creates a reservation at the agreed price.
4. A bid placed in an auction is binding and cannot be withdrawn, except for an obvious mistake (e.g. an error of an order of magnitude) reported to the Operator immediately after it was placed. The winner of the auction is the person with the highest bid when the auction ends; a won auction creates a binding transaction at the final price. The only auction clock is the Site's server. If the seller enabled extra time, a bid placed in the final minutes extends the auction by the period shown at the auction. Where maximum bids are equal, the earlier bid wins.
5. The seller and the buyer agree the method of payment, shipping and its cost directly, in messages on the Site. The sales contract is concluded between them; the Operator does not guarantee performance by either party, gives no warranty for the items and is not liable for their defects.
6. The parties mark the transaction as "shipped" and "received"; one mark without objection from the other party within 7 days closes the transaction. After a transaction both parties may leave a rating within 30 days.
7. Listings expire after the period shown on the Site (currently 90 days) and can be renewed. A seller may end a listing without bids at any time; an auction with bids may be cancelled only with a stated reason and no later than 12 hours before its end.
8. Buyers and sellers from different countries are responsible for customs duties, taxes and import or export restrictions themselves. Information on the "Customs and shipping" page is indicative.

§ 5. Prohibited items and counterfeits

1. In particular, it is prohibited to list: - counterfeits and unauthorised copies of props, books, recordings, lecture notes and teaching materials; - digital copies, files, video recordings and access to online content, unless the seller is their author or an authorised distributor; - items whose sale or shipment is unlawful in the seller's or the buyer's country, including weapons and imitations of weapons, pyrotechnic materials and hazardous substances; - stolen items or items the seller has no right to dispose of; - items unrelated to illusion, mentalism, juggling and related performing arts.
2. The current explanation of the prohibitions is on the "Site rules" help page; in case of differences the Terms prevail.

§ 6. Secrets, copyright and trade marks

1. Descriptions, photos and messages must not reveal the method of a magic effect or contain instructions whose distribution is reserved to the creator.
2. A seller may mark a photo as secret; such a photo is shown in full only to signed-in users, and guests see a blurred thumbnail.
3. The user publishes only content they hold the rights to and is responsible for its lawfulness. By publishing content, the user grants the Operator a free, non-exclusive licence to store, reproduce and display it on the Site, to create thumbnails and crops and to translate it into the Site's languages, for as long as the content is published and, after its removal, only to the extent of backups and documentation required by law or needed to handle reports and claims.
4. Infringement of copyright, trade-mark rights or a creator's secret may be reported under § 9. Rights holders may also write to the point of contact.

§ 7. Conduct and messages

1. Messages serve to arrange transactions. Offensive content, threats, spam, inducing payment outside the agreed method and requests for payment-card or sign-in details are prohibited.
2. Messages containing links to external payment pages or requests for card details may be automatically marked with a warning for the recipient and passed for human review.
3. A user may block another user; a blocked person cannot send them messages or make price proposals.
4. The Operator does not read private messages on its own initiative; a thread is read by a human only after a report, in a transaction dispute or at the request of a competent authority, and every such access is logged.

§ 8. Strikes and account statuses

1. For failing to honour a binding declaration (no payment, no shipment, no reply within 48 hours) a user may receive a strike. Strikes count for the period shown on the Site (currently 12 months).
2. Once the strike threshold (currently two) is exceeded, the account is automatically restricted for a fixed period (currently 30 days): it cannot bid or click "Buy". An automated decision is marked as such, the user is informed of it and may appeal to a human (§ 10). After a third strike the account is reviewed by a human.
3. The Operator may restrict an account, suspend it until a given date or ban it permanently in case of a breach of the Terms, the law or third-party rights, in particular for counterfeits, fraud, revealing secrets, circumventing a ban or repeatedly failing to honour declarations. The measure is proportionate to the gravity, frequency and consequences of the breach, and every decision contains a statement of reasons in accordance with § 9.
4. A restricted account cannot publish new listings, bid or make proposals; a suspended or banned account has access only to the information about the decision, the appeal, data export and account deletion.

§ 9. Reports and content moderation

1. Anyone, including a person without an account, may report a listing, profile, message or rating they consider unlawful or contrary to the Terms, giving the reason, a description and, where possible, an explanation of why the content is unlawful. A person without an account provides an e-mail address for correspondence. A report may be submitted with the "Report" button or to the point of contact.
2. The reporting person receives confirmation of receipt and information about the decision taken, together with information on how to appeal.
3. The Operator handles reports without undue delay, diligently and in a non-arbitrary manner, in the order received, giving priority to reports of fraud and unlawful content. Reports from persons who frequently submit manifestly unfounded reports may, after a prior warning, be temporarily not accepted.
4. The Operator does not generally monitor content. Content is checked on the basis of reports and automated signals (banned words, suspicious messages, linked-account signals in bidding); an automated signal never by itself hides content or blocks an account – the decision is always taken by a human.
5. Of every hiding of a listing, removal of a rating or message, restriction of visibility, restriction, suspension or ban of an account, the user is informed by e-mail with a statement of reasons: what was done, the facts relied on, whether the content is unlawful or incompatible with the Terms and under which clause, whether automated means were used in taking the decision, and how to appeal. No statement of reasons is sent where the content is deceptive high-volume commercial content or where an authority prohibits it.
6. A hidden listing and its photos are kept for the appeal period; if the appeal is upheld they are restored.

§ 10. Appeals and dispute resolution

1. Against every decision referred to in § 8 and § 9, including a decision not to act on a report, the user or the reporting person may appeal through the form in the account ("Account status") or by e-mail within 6 months of the decision. Appeals are free of charge.
2. The appeal is handled, where possible, by a person other than the one who took the decision, and not solely by automated means. The outcome with reasons is sent by e-mail without undue delay.
3. If the appeal is upheld, the listing, rating, message or account status is restored or the strike is removed, where still possible.
4. Independently of the appeal, the user may turn to an out-of-court dispute settlement body certified under Article 21 DSA, and a consumer may use out-of-court complaint and redress procedures, including before the provincial inspector of the Trade Inspection in Poland or with the help of a consumer ombudsman. Everyone retains the right to go to court.
5. Disputes between buyer and seller are resolved between them; at a party's request the Operator may mark a transaction as disputed, read the thread and issue a strike, but does not adjudicate claims between users.

§ 11. Complaints about the Site

1. Complaints about the operation of the Site or the Operator's services may be sent to the point of contact, stating the account e-mail address and a description of the problem.
2. The Operator replies to a complaint within 14 days of receiving it. No reply within that period to a consumer means the complaint is accepted.

§ 12. Personal data and cookies

The processing of personal data is described in the Privacy Policy and the use of cookies and similar mechanisms in the Cookie Policy. Both documents are available in the Site footer and form annexes to the Terms.

§ 13. Liability

1. The Operator provides a tool for publishing listings and communicating. The Operator is not liable for content published by users as long as it has no knowledge of its unlawfulness, and upon obtaining such knowledge acts promptly in accordance with § 9. The Operator is not liable for the quality, authenticity or condition of items or for the performance of contracts between users.
2. The Operator strives to keep the Site running without interruption but may temporarily switch it off for maintenance or updates, giving notice on the Site where possible.
3. The safe-trading rules published on the Site are recommendations.
4. Nothing in the Terms excludes or limits the Operator's liability towards consumers to the extent the law does not allow it, or consumers' rights under mandatory provisions of the country of their habitual residence.

§ 14. Ending use

1. The user may delete the account in the settings at any time. After deletion the profile is anonymised; data needed to settle ongoing transactions, handle reports and appeals and meet legal obligations are kept for the periods stated in the Privacy Policy.
2. The Operator may terminate the account contract for important reasons, in particular for the breaches described in § 8, following the rules in § 8–10. A permanent ban is equivalent to termination of the contract.
3. The Operator may discontinue the service altogether with 30 days' notice given to users by e-mail; during that time users may export their data.

§ 15. Changes to the Terms

1. The Operator may change the Terms for important reasons, in particular a change in the law, a decision of an authority, a change in the Site's features, the need to improve security or to correct inaccuracies.
2. A new version is published on the Site with a number and date. The Operator informs users of material changes by e-mail at least 14 days before they take effect, unless an earlier date is required by law, by a decision of an authority or by the security of the Site.
3. On first sign-in after a new version takes effect the user is asked to accept it; until acceptance the user may browse the Site and use the "Account status" page. A user who does not accept the new version may delete the account.
4. Changes do not affect declarations and transactions made before they take effect.

§ 16. Final provisions

1. The contract between the user and the Operator is governed by Polish law. This choice of law does not deprive a consumer of the protection afforded by provisions that cannot be derogated from by agreement under the law of the country of their habitual residence.
2. If any provision of the Terms proves invalid, the remaining provisions remain in force.
3. The current and previous versions of the Terms are available on the Site in a form that allows them to be downloaded and saved.