Heystack Offerplace Terms & Conditions for Sellers

General Overview For Sellers

Heystack’s Breaker Connect program is a technology that allows select Breakers to provide their Break Customers with high quality images of their break hits. Break Customers can only view these break hits in their Heystack account by signing up at Heystack.tech. Heystack’s provision of images is for communication and entertainment purposes only. Heystack never takes ownership of the cards represented and provides no guarantee that the cards represented on Break Customer accounts is an accurate representation of products purchased directly from Breakers in the Breaker Connect program. It is the exclusive responsibility of only the Breaker to correctly provide accurate representations of cards that belong to Break Customers that were hit via break spots. Heystack is only the platform for communication between the Breaker and the Break Customers who have purchased break spots with that Breaker. Heystack is under no obligation to provide any product fulfillment that the Breaker has provided to their Break Customers.

As a feature of the Breaker Connect program, Breakers may occasionally offer their Break Customers the opportunity to take certain hobby-related actions. This includes but is not limited to grade evaluation, grading, buyback, and consignment. All fulfillment of these actions is completely under the obligation of the Breaker. Since Heystack never takes ownership of the cards and is only the platform for Break Customers and Breakers to communicate action requests, Heystack is unable to conduct any fulfillment.

As an additional feature to the Breaker Connect program, Break Customers who have a Heystack account and are able to view their break hits on Heystack will occasionally receive offers on those break hits. Heystack provides a back-end platform for select, private parties the opportunity to make offers on certain hits coming directly from breaks conducted by Breakers involved in the Breaker Connect program at their discretion. All offers made on break hits will appear in the Heystack accounts of the Break Customers who originally pulled the card via the respective break.

The purpose of this document is to provide the terms, conditions, and policies that Break Customers hereby agree to when reviewing, receiving, and accepting offers on cards they pulled in breaks and are able to view in their Heystack account.

Acceptance of Offers

Break Customers may review and accept offers on their break hits through their Heystack account by clicking the “Review Offer” button. When using this feature, Break Customers will see the highest outstanding offer for the card, along with the estimated net payout, which reflects the relevant transaction fees that would be deducted if the offer is accepted. All offers are made by anonymous, invited Buyers, and the identity of the Buyers will not be disclosed to Break Customers. By accepting an offer, Break Customers acknowledge and agree to all terms, conditions, and policies set forth in this document.

Acceptance of an offer is final and binding, and Break Customers will be unable to reverse or cancel any offer once it has been accepted. By accepting an offer, Break Customers acknowledge that they are entering into a legally binding agreement with the Buyer and understand that Heystack does not have the ability to cancel or modify the transaction on their behalf. The parties making offers reserve the right to revoke any offer at any time prior to its acceptance. As a result, the duration of outstanding offers is not guaranteed, and Break Customers are encouraged to exercise their best judgment when determining whether to accept an offer.

All breaks have an Action Deadline set by the Breaker. This is the same Action Deadline that allows Break Customers to mark their cards for other actions, such as consignment, buyback, and grade evaluation. Buyers are only able to make offers prior to the Action Deadline. Once the Action Deadline passes, Break Customers will no longer receive offers on those cards. Any offers that remain unresponded at the Action Deadline will be considered a decline. Neither Heystack nor the parties making offers have any obligation to honor any unresponded offers once the Action Deadline has passed, as all unresponded offers are automatically treated as a rejection at the time of the Action Deadline.

Fulfillment

By accepting an offer, Break Customers acknowledge and agree that the card associated with the accepted offer will no longer remain part of their break spot, represents an adjustment to any prior agreement or expectation with the Breaker, and will not be shipped to them. Break Customers further understand that by accepting an offer, they are forfeiting any claim to the card, and that the nature of the agreement is such that they are receiving a payment in exchange for the forfeiture of ownership. Acceptance of an offer constitutes a transfer of responsibility and ownership of the card to the Buyer.

Break Customers also acknowledge that Heystack is only a facilitator of the offer and payment process and is not responsible for the delivery, condition, or fulfillment of the card after the offer has been accepted. By accepting offers, Break Customers agree to release Heystack from any liability or claims related to the card once the offer is accepted.

Applicable Taxes and Reporting Requirements

Break Customers are solely responsible for determining and fulfilling any tax obligations arising from the acceptance of offers, including but not limited to income, sales, use, or other taxes. The amount received from an accepted offer may be considered taxable income under applicable law, and Break Customers are responsible for reporting such income to the appropriate tax authorities.

Break Customers acknowledge that Heystack does not provide tax, legal, or accounting advice and is not responsible for calculating, collecting, or remitting any taxes on behalf of Break Customers. Break Customers should consult their own professional advisors regarding the reporting, payment, and documentation of any applicable taxes. Break Customers also agree to comply with any local, state, or federal reporting requirements associated with the receipt of payments from accepted offers. By accepting offers, Break Customers understand and agree that Heystack has no liability or responsibility for any taxes, penalties, interest, or reporting obligations that may arise in connection with these transactions.

Misassigned Cards

Breakers participating in the Breaker Connect program are asked to carefully verify that each card is assigned to the correct Break Customer. Despite these precautions, misassignments can occasionally occur.

In the event that a card is misassigned and a Break Customer accepts an offer for a card that they were not the rightful owner of, Heystack reserves the right to claw back or reverse any funds issued through Stripe or other payment processors, as necessary to correct the transaction and protect Buyers. Break Customers are expected to accept offers only on cards that they rightfully own. Knowingly accepting an offer on a card that was misassigned to them is considered detrimental behavior to the integrity of the Heystack platform and may result in suspension or termination of their account.

Heystack’s role is strictly as a facilitator of offers and payments. Break Customers acknowledge that, while misassignments are rare, they have a responsibility to act in good faith and that Heystack may take corrective actions, including clawbacks, to ensure the platform remains fair and trustworthy for all participants.