General Terms and Conditions

We reserve the right to return the cards without processing at the customer’s expense in the event of the slightest suspicion of forgery. The costs for grading will not be reimbursed.

§1 Validity of the conditions
The services and offers of Guard and Grading GmbH – hereinafter referred to as GnG – are provided exclusively on the basis of our terms and conditions set out below. The services and goods provided by GnG also include the grading of items and objects, which is also carried out exclusively in accordance with the terms and conditions stated here. The version valid at the time the contract is concluded shall apply. Consumers within the meaning of these terms and conditions are natural persons with whom business relations are entered into without a commercial or independent professional activity being attributable to them. Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity with whom business relations are entered into and who act in the exercise of their commercial or independent professional activity. Customers within the meaning of these terms and conditions are both consumers and entrepreneurs. Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract unless their validity is expressly agreed to by us (GnG) in writing.

§2 Offer and conclusion of contract
Our offers are subject to change and non-binding. Our presentation of services and goods on the Internet or at other events (e.g. trade fairs, exhibitions, etc.) does not constitute an offer, but a non-binding invitation to the customer to submit an offer to or place an order with GnG. This also expressly includes the sending of items by the customer for the purpose of grading by GnG. GnG reserves the right to accept offers submitted to GnG. Drawings, illustrations, dimensions, weights and other services are only descriptive and in particular do not constitute a guarantee of properties. We reserve the right to make technical and other changes in form, colour, weight etc. within reasonable limits. We shall confirm receipt of offers, orders and items from the customer without delay. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt shall only constitute a declaration of acceptance if we expressly declare this. Acceptance of an order by telephone does not constitute a binding acceptance on our part either. We are authorised to accept the contractual offer contained in the order within two weeks. In the case of services and goods ordered electronically, we are authorised to accept the order within seven working days of receipt. Acceptance of the contractual offer shall be made in written, digital or telex form. In the case of immediate delivery, acceptance of the contract shall be implied; the written form shall be replaced by the enclosed invoice. We are authorised to refuse acceptance of the order. Our sales staff are not authorised to make verbal collateral agreements.

§3 Prices
The prices offered are binding. In the case of special offers, the price offered shall apply for the duration of the special offer. The price includes the statutory value added tax. All prices are exclusive of packaging, transport and (if requested by the customer) freight insurance. The customer does not incur any additional costs when ordering by means of distance communication.

§4 Delivery and performance time
Dates and delivery periods are non-binding unless expressly agreed otherwise in writing. The delivery periods and delivery dates specified by us are subject to correct and timely delivery by suppliers and manufacturers. This shall only apply in the event that GnG is not responsible for the non-delivery. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately. The same applies to all services to be provided by GnG. GnG reserves the right to make partial deliveries.

§5 Default of acceptance
The statutory provisions shall apply. In the event of default of acceptance by the customer, we shall be entitled, after expiry of a grace period (7 calendar days), to demand either a flat rate of 25% of the agreed purchase price or compensation from the customer for the actual damage incurred. The customer is entitled to prove that less or no damage has been incurred.

§6 Transfer of risk
In the case of consumers, the risk of accidental loss and accidental deterioration of the goods and all services provided by GnG shall pass to the consumer upon delivery of the goods and services to the carrier specified by the consumer (e.g. post office, parcel services, railway, other logistics providers, freight carriers or similar). GnG generally recommends taking out transport insurance in accordance with the value of the goods. In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, in the case of sales shipment upon delivery of the goods to the forwarding agent, carrier or other person or organisation appointed to carry out the shipment. If the customer is in default of acceptance, this shall be deemed equivalent to handover.

§7 Warranty
GnG guarantees the proper fulfilment of contracts and orders. For consumers, a warranty period of 24 months applies to goods and services. For entrepreneurs, the warranty period is 6 months. In addition, the following applies to the condition assessment (grading) of objects/items sent by consumers and companies: GnG guarantees that an object/item assessed by GnG has been examined by at least three GnG assessors (graders). GnG ensures that the evaluation is carried out with the greatest possible objectivity and neutrality. Irrespective of this, GnG expressly points out in this context that the condition assessment of objects may nevertheless contain subjective statements about the condition. In this respect, the condition assessment certified by GnG only represents the opinion of GnG. For the purpose of preserving the condition at the time of the assessment, GnG will seal the object or the assessed item with an inner and outer plastic packaging (so-called case) following the assessment. The sealing is an integral part of the valuation by GnG. The following generally applies: The case must be completely intact inside and out for the original GnG certification to remain valid. The evaluation expires as soon as the case is opened or damaged. GnG points out that vibration-free storage of the object, especially with regard to light, temperature and humidity, is essential for the preservation of the object’s condition. GnG is in no way responsible for damage to the collector’s item if the collector’s item is not on GnG’s premises at the time of the damage. The warranty shall exist upon receipt of the collector’s item by GnG and shall end upon dispatch (handover to a forwarding agent/courier/parcel service/post or similar). Should GnG have made an obvious error in the condition assessment, this will be rectified free of charge. Consumers have the choice of whether subsequent fulfilment is to take the form of rectification or reversal. We are entitled to refuse the type of warranty or subsequent fulfilment if it is only possible with disproportionate costs and the other type of subsequent fulfilment is without significant disadvantages for the consumer. In the case of entrepreneurs, we initially provide warranty for defects in the goods at our discretion by rectification or cancellation. If the subsequent fulfilment fails twice, the customer may, at his discretion, demand a reduction of the remuneration (reduction) or cancellation of the contract (withdrawal). In the case of only minor defects, the customer has no right of cancellation. Consumers must notify us in writing of obvious defects immediately upon receipt, at the latest within 4 weeks; otherwise the assertion of warranty claims is excluded. Entrepreneurs must inspect the delivered goods immediately for quality deviations and notify us in writing of recognisable defects within a period of one week from receipt of the goods; otherwise the assertion of the warranty claim is excluded. If the customer is an entrepreneur, hidden defects must be reported to us in writing within one week of discovery. Timely despatch shall suffice to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim requirements, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notification of defects.

§8 Payment
Invoices shall be issued exclusively via the GnG webshop. Delivery is always carriage forward, i.e. at the customer’s expense, unless expressly agreed otherwise. The goods shall be insured against transport damage if this is requested and paid for by the customer.

§9 Limitation of liability
Claims for damages against GnG for breach of statutory or contractual obligations or for other reasons are excluded, unless the damage is due to grossly negligent or wilful behaviour on the part of GnG. Liability for any consequential damage is excluded in all cases. In the event of slightly negligent breaches of duty, our liability and that of our vicarious agents shall be limited to the foreseeable, contract-typical, direct average damage. We and our vicarious agents shall not be liable for slightly negligent breaches of non-essential contractual obligations, the breach of which does not jeopardise the performance of the contract.

§10 Data protection and right of objection
We store the data required for business transactions and use it in the context of order processing. This also includes the exchange of data for the purpose of a credit check or creditworthiness monitoring. You can object to the further use of your anonymised usage data for the creation of usage profiles for the purposes of advertising, market research or the needs-based design of our service at any time by sending a message to info@guardandgrading.de.

§11 Cancellation policy
Right of cancellation

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of cancellation, you must inform us

Guard and Grading GmbH
Schötmarschestr. 79a
32791 Lage
Email: info@guardandgrading.de

by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to cancel this contract. You can use a sample cancellation form for this purpose, but this is not mandatory. 

To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. Consequences of cancellation If you cancel this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheap standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. Repayment shall be made via the GnG webshop. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

Exclusion of the right of cancellation

The right of cancellation does not apply to contracts
– for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly customised to the personal needs of the consumer,
– for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded,
– for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
– for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature,
– for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can be delivered at the earliest 30 days after conclusion of the contract and the current value of which depends on fluctuations in the market over which the trader has no influence,
– for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery
– for the supply of newspapers, periodicals or magazines with the exception of subscription contracts.

Guard and Grading GmbH

§ 12 Disputes in connection with an online purchase contract
In the event of disputes in connection with an online purchase contract or an online service contract, the customer and GnG have the option of using an online dispute resolution service of the EU Commission, available at: https://ec.europa.eu/consumers/odr

§13 Right of use
The customer agrees that the objects graded by GnG may be displayed on the website or other information media of GnG and Sammelkartenmarkt GmbH & Co. KG for the purpose of presenting GnG’s services.

§14 Final provision
The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude their contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract shall be our registered office. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if his place of residence or habitual abode is unknown at the time the action is filed. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic effect comes as close as possible to that of the invalid provision.