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📄 TERMS & CONDITIONS – GRADINGPOINT

Article 1 – Company Information

These Terms & Conditions apply to Gradingpoint, located at 
Contact: info@gradingpoint.com – www.gradingpoint.com.


Article 2 – Definitions

In these Terms & Conditions, the following definitions apply:

Cooling-off period: the period within which the consumer may exercise the right of withdrawal;
Consumer: a natural person not acting in the course of business or profession;
Day: calendar day;
Long-term agreement: an agreement under which services or products are delivered over an extended period;
Durable medium: any tool that enables information to be stored for future reference;
Right of withdrawal: the right of the consumer to withdraw from the agreement within the cooling-off period;
Distance contract: an agreement concluded without the physical presence of the parties, e.g. via website or email;
Gradingpoint: the company providing products and/or services;
Customer: any natural or legal person placing an order or using services.


Article 3 – Applicability

These Terms & Conditions apply to every offer from Gradingpoint and to every agreement concluded between Gradingpoint and the Customer.

By placing an order, the Customer explicitly agrees to these Terms & Conditions. The Terms are always available on www.gradingpoint.com and can be stored by the Customer for future reference.


Article 4 – Offers and Prices

Offers are described clearly and completely, including prices and conditions.

All prices are listed including VAT, unless otherwise stated.

Obvious mistakes or typographical errors do not bind Gradingpoint.

Gradingpoint reserves the right to adjust prices at any time.


Article 5 – Formation of Agreement

The agreement is concluded once the Customer accepts the offer and payment has been received. Gradingpoint confirms electronic orders by email.

Gradingpoint reserves the right to refuse orders in cases of clear errors or misuse.


Article 6 – Orders and Payment

Orders are only final after full payment has been received.

Payment must be made through the payment methods offered on the website.

Invoices are provided by email. The Customer is responsible for accurate billing details.

In case of non-payment, Gradingpoint may suspend services or terminate the agreement.


Article 7 – Shipping and Risk

Shipping to Gradingpoint
The Customer is fully responsible for shipping cards to Gradingpoint, including costs and risk.

Return shipping by Gradingpoint
After grading, Gradingpoint ships the cards to the address provided by the Customer. Return shipments are insured and include track & trace. Risk transfers to the Customer upon delivery.

Return shipping by the Customer
If the Customer returns items (e.g., in case of complaints), both costs and risk remain with the Customer, unless otherwise agreed.


Article 8 – Right of Withdrawal

Consumers have the right to withdraw from a contract within 14 days of receiving products.

For grading services, the right of withdrawal expires as soon as Gradingpoint physically receives the cards and the grading process begins.

From the moment Gradingpoint receives the cards, the agreement can no longer be withdrawn.

In case of withdrawal of products (if applicable), return costs are borne by the Customer.


Article 9 – Grading Disclaimer

Card grading is a subjective process and reflects the professional opinion of Gradingpoint’s graders.

Grades may differ from those assigned by other grading organizations.

Gradingpoint does not guarantee that grades will be accepted or valued by third parties.

Grading results do not represent a fixed or objectively determinable market value. The market value of graded cards is dynamic and influenced by external factors beyond Gradingpoint’s control.

Gradingpoint is not liable for depreciation or differences in grading opinions.


Article 10 – Liability and Damage Valuation

Gradingpoint is not liable for:

  • Damage occurring after the cards have been delivered;

  • Slabs that are opened, cracked, or tampered with after delivery;

  • Indirect damages, including but not limited to consequential loss, loss of profit, or loss of opportunity;

  • Fluctuations in market value of submitted cards.


Damage caused by Gradingpoint

In the event that damage to a card is demonstrably caused by Gradingpoint during handling or grading, compensation (if applicable) will be determined in accordance with the following principles:

  • Compensation is based solely on the estimated raw (ungraded) market value of the card;

  • Raw value is defined as the market value of the card in the condition it would reasonably have had if the damage had not occurred;

  • The valuation is determined exclusively by Gradingpoint based on recent and comparable completed sales data;

  • Gradingpoint reserves the sole and final right to determine the applicable market value.


Exclusion of graded or hypothetical value

Compensation will not be based on:

  • Any graded value;

  • Any expected or potential grading outcome;

  • Any speculative, future, or hypothetical increase in value.

Grading outcomes are inherently subjective and do not represent a fixed or guaranteed market value.


Maximum liability (cap)

The total liability of Gradingpoint per individual card is strictly limited to a maximum of €500.00, regardless of:

  • The estimated market value;

  • The number of cards submitted;

  • Any claimed or perceived value by the Customer.


Final limitation

Any total liability of Gradingpoint, under any circumstances, is limited to the invoice amount of the relevant order or the applicable per-card cap, whichever is lower.


Article 11 – Processing Times

Processing times are indicative and may vary. Delays do not entitle the Customer to compensation or termination.


Article 12 – Force Majeure

In case of force majeure (e.g., natural disasters, pandemics, technical disruptions, strikes, or government measures), Gradingpoint is not liable. Obligations may be suspended or the agreement may be terminated without liability.


Article 13 – Indemnification

The Customer indemnifies Gradingpoint against any third-party claims relating to the submitted cards, including ownership or intellectual property rights.


Article 14 – Prohibited Submissions

Gradingpoint may refuse submissions suspected of being counterfeit, altered, or otherwise unsuitable for grading.


Article 15 – Retention of Cards

Gradingpoint reserves the right to retain submitted cards until all outstanding payments have been fully settled.


Article 16 – Conformity and Warranty

Gradingpoint guarantees that its services are performed with reasonable care and meet the agreement.

Complaints about defects must be reported in writing within 4 weeks of delivery.

Warranty does not apply in cases of misuse, normal wear, or damage caused by third parties after delivery.


Article 17 – Account Use

If a Customer creates an account, they are responsible for keeping login details secure. Any misuse is at the Customer’s own risk.


Article 18 – Use of Submitted Material

Gradingpoint may use photos of slabs and graded cards (without personal data) for promotional or informational purposes, unless the Customer explicitly objects.


Article 19 – Complaints

Complaints may be submitted by email via info@gradingpoint.com. We aim to respond within 14 days.


Article 20 – Amendments

Gradingpoint may amend these Terms & Conditions at any time. The most recent version will always be published on the website.


Article 21 – Governing Law and Jurisdiction

Dutch law applies to agreements with Gradingpoint.

Disputes will be submitted exclusively to the competent court in Utrecht, the Netherlands. The Vienna Sales Convention does not apply.


Article 22 – Language

These Terms & Conditions are available in both Dutch and English. In case of discrepancies, the Dutch version prevails.


Article 23 – Severability

If any provision is declared invalid, the remaining provisions remain in full force and effect.

 

Version: December 2024