Terms of Service

1. About these Terms

Jay's Retro Exchange (“Jay's,” “we,” “us”) operates an online marketplace where members buy and sell physical video games, consoles and accessories, and where we sell our own inventory and buy items through trade-ins. By creating an account or using the site you agree to these Terms, our Privacy Policy, and the policies linked from them, including the condition guide, reproduction policy and buyer protection.

For sales between members, Jay's provides the venue, payment processing and dispute resolution; the seller is responsible for the item and its description. For items sold by Jay's own shop, Jay's is the seller.

2. Eligibility

• You must be at least 18 years old and able to form a binding contract.
• You must live in the United States and use a US shipping address. We currently ship only within the US.
• To sell, you must complete payout onboarding with our payment processor, Stripe, including identity verification.
• You may not use the service if we have previously suspended or banned your account.

3. Your account

• Give accurate information and keep it up to date. One person, one account, unless we approve otherwise.
• Keep your password secure. You are responsible for activity on your account.
• Tell us promptly if you believe your account has been accessed without permission.
• Your username and public profile (including ratings and sales history) are visible to other members.

4. Listings

When you list an item, you confirm that:

• You own it, have the right to sell it, and have it in your possession ready to ship.
• It is an original, authentic product — or, for licensed re-releases, is labeled as a licensed re-release.
• The listing accurately describes its completeness, condition, functionality, region, modifications and any reproduction components, using the definitions in our condition guide.
• The photos show the actual item for sale and meet our photo requirements.
• The price and shipping charge are what the buyer will pay; you won't ask for more after the sale.

You give us a non-exclusive, royalty-free license to display, reproduce and promote your listing content (including photos) on the site and in marketing for the site, for as long as the listing is live and a reasonable period afterward. We may edit categorization, remove listings, or ask for more information at our discretion.

5. Prohibited items

You may not list or sell:

• Reproduction, counterfeit or bootleg games, including items described as “reprints,” “aftermarket” or “backups.”
• ROM-loaded flash carts, multicarts or modified carts presented or sold as original games.
• Original packaging containing a reproduction game, or any undisclosed reproduction component.
• Stolen goods, or items you don't have the right to sell.
• Digital codes, accounts, ROM files or other downloadable content.
• Items that infringe anyone's trademark, copyright or other rights.
• Anything illegal to sell or ship in the United States, or hazardous materials that carriers prohibit.

Selling a reproduction as an original results in removal, refunds and a strike; a second offense results in a permanent ban. See the reproduction policy.

6. Conduct

• Keep transactions on the platform. Don't ask for or accept payment outside our checkout, or share contact details to move a sale off the site.
• No harassment, hate speech, threats, spam or misleading behavior toward other members or our staff.
• No fake accounts, fake reviews, feedback manipulation or fake purchases.
• Don't scrape, overload, reverse-engineer or interfere with the site, or access accounts that aren't yours.

7. Fees

Sellers pay a fee of 8% of the item price plus $0.30 per seller per order, with a minimum of $1.00 per order. No fee is charged on shipping, there are no listing fees, and buyers pay no marketplace fee. The fee is deducted from the seller's proceeds before payout. Current fees are always shown on our fees page; we'll give notice before changing them, and changes don't apply to sales already made.

8. Payments & payouts

• All purchases are paid through our checkout, processed by Stripe. Jay's collects payment on the seller's behalf, and applicable sales tax is calculated and collected at checkout.
• Seller payouts are made through Stripe Connect and are subject to the Stripe Connected Account Agreement, which you accept during onboarding.
• Seller proceeds are held until the order is shipped with tracking, then released when the buyer confirms delivery or 14 days after tracking is added, whichever comes first. Stripe then pays out to your bank on your payout schedule.
• An open claim freezes the payout for that package until resolved. We may hold, reverse or offset payouts to cover refunds, chargebacks, claims resolved against you, or suspected fraud.
• You are responsible for any taxes on your income from sales. We may be required to issue tax forms such as a 1099-K.

9. Shipping

• Sellers must ship within 3 business days of payment, using a tracked service, to the address on the order.
• Orders of $750 or more must ship with signature confirmation.
• Items must be packed to arrive in the condition described. See the shipping guide.
• Risk of loss stays with the seller until the item is delivered.

10. Returns & claims

Buyers can open a claim from their dashboard:

• For an item that doesn't arrive;
• Within 7 days of delivery for an item that is not as described or arrives damaged;
• Within 30 days of delivery for a reproduction or counterfeit item.

Change-of-mind returns are at the seller's discretion. When a claim is approved, we refund the buyer through Stripe (and return any store credit used as credit), and the refund is charged to the seller's proceeds. We may require the item to be returned first; a returned item must be the same one that was shipped. Full details are in buyer protection.

11. Trade-ins & store credit

• Trade-in offers are based on market value for the item's completeness and condition, at the rates shown on our trade-in page (currently 45–55% of market value in cash or 60–70% in store credit, depending on the item's value).
• Itemized offers are locked for 14 days. Trade-ins of $50 or more receive a free prepaid shipping label.
• We inspect and test everything we receive. If we lower your total by more than 15% on inspection, you may accept the revised offer or have all items returned at our expense.
• We decline reproductions and bootlegs, and may decline any item at our discretion.
• You confirm that items you trade in are yours to sell and are authentic.
• Store credit never expires, has no cash value, can't be transferred or sold, and can be used only on items sold by Jay's Retro Exchange itself — not on listings from other sellers on the marketplace. Gift cards are redeemed as store credit on the same terms.

12. Disputes

Between members. Buyers and sellers should first try to resolve issues through on-site messages. If that fails, our staff review the listing, photos, messages and tracking and make a decision on the claim. Our decision governs how funds held on the platform are handled; it doesn't limit any legal rights you have against the other member.

With us. If you have a dispute with Jay's, please contact us first — most issues can be resolved informally. If we can't resolve it within 60 days, either of us may bring a claim in small-claims court or in the courts that have jurisdiction under the “General” section below.

Chargebacks. If a buyer files a chargeback instead of a claim, we may respond using the order evidence, and funds may be held or reversed from the seller according to the outcome.

13. Disclaimers & limitation of liability

The site is provided “as is” and “as available.” Except for items sold by Jay's own shop, we are not the seller of items listed by members and don't guarantee their quality, safety, legality or authenticity, though we enforce the policies above. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

To the fullest extent permitted by law, Jay's will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data or goodwill. Our total liability for any claim relating to the service is limited to the greater of (a) the amount you paid or received through the service in the transaction giving rise to the claim, or (b) $100. Some jurisdictions don't allow these limits, so they may not apply to you.

You agree to indemnify Jay's against claims arising from your listings, your sales, or your breach of these Terms.

14. Suspension & termination

You can close your account at any time by contacting us, once open orders, claims and payouts are settled. We may limit, suspend or close accounts, remove listings, or hold funds if you break these Terms or our policies, if we suspect fraud, or if required by law. Where appropriate, we'll tell you why. Sections that by their nature should survive — including fees owed, claims, disclaimers and liability limits — survive termination.

15. Changes to these Terms

We may update these Terms. For material changes we'll give notice on the site or by email before they take effect. Continuing to use the service after the effective date means you accept the updated Terms. The date at the top shows the latest version.

16. General

• These Terms are governed by the laws of the United States and of the state in which Jay's Retro Exchange is organized, without regard to conflict-of-laws rules.
• If any part of these Terms is unenforceable, the rest remains in effect.
• Our not enforcing a provision isn't a waiver of it.
• You may not transfer your account or these Terms; we may assign them in connection with a merger or sale of the business.
• Questions? Contact us through our contact page or at support@jaysretroexchange.com.