General Terms And Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Premier Card Grading Germany GmbH) via the website www.premiercardgrading.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is expressly rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activities. An entrepreneur is any natural or legal person or a legally capable partnership who acts in the exercise of their independent professional or commercial activity when concluding a legal transaction.
§ 2 Subject of the Contract
The subject of the contract is the provision of services, particularly the evaluation of cards (hereinafter referred to as "items") along with the encapsulation of these in plastic cases (so-called "grading").
§ 3 Conclusion of the Contract
(1) By placing the respective offer on our website, we are making a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(2) The contract is concluded via the online shopping cart system under the conditions specified in § 3 (3) as follows:
The desired service for submitting an item is placed in the "shopping cart." You then provide some parameters about the item (in particular, game, set name, card name, card number) within the product catalog on our website.
You can access the "shopping cart" via the appropriate button in the navigation bar and make changes at any time. After clicking the "Next Step" button (or similarly labeled) and entering personal data and payment terms, the order data is finally displayed as an order summary. If you use an immediate payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be redirected to the order summary page in our online shop or to the website of the immediate payment system provider. If redirected to the respective immediate payment system, you will make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order summary on the provider's website of the immediate payment system or after being redirected back to our online shop. Before submitting the order, you have the opportunity to review, change (also via the "back" function of the internet browser), or cancel the order.
By submitting the order via the respective button ("place binding order," "place paid order," "pay" / "pay now" / "place binding booking" or similarly labeled), you declare the binding acceptance of the offer, which results in the conclusion of the contract.
(3) The contract for the Grading Services (e.g. "Bulk," "Standard," and "Express") is concluded under the following suspensive conditions pursuant to § 158 (1) BGB:
a) The authenticity of the items sent to us has been verified, and
b) There has been no intentional or negligent manipulation of the item (e.g., through weight alterations, color corrections, etc.) by you or third parties.
If any of these conditions are not met, no contract is concluded between you and us for the agreed service. This does not apply to the conclusion of the contract for the booked service "Authentication."
(4) The order processing and transmission of all information necessary in connection with the contract conclusion is carried out via email, some of which is automated. You must therefore ensure that the email address you provide to us is correct and that the receipt of emails is technically ensured and not particularly hindered by spam filters.
§ 4 Service Provision and Duties of Cooperation
(1) We owe the services resulting from the service description. We provide these to the best of our knowledge and belief either personally or through third parties based on objective criteria.
(2) The basis for our services is adapted internal, standardized testing methods and tools as well as a standard work for classifying the items according to our point scale based on specified test criteria regarding the condition of the item at the time of inspection. This includes the examination of surfaces, edges, corners, centering, and general errors. At two checkpoints during the subjective assessment, the results generated by the first examiner are checked by the second examiner according to the four-eyes principle. Through the design of our testing process, we ensure consistency, traceability, and objectivity, even though our service is always a subjective evaluation.
(3) You are obliged to cooperate, particularly by making the item available to us by sending or delivering it to us.
(4) In the case of sending the item to us, you bear the costs of sending it to us.
(5) Unless otherwise stated in the respective offer, the service provision, including the dispatch of the item, will take place within 1 to 46 days after the item is received (in the case of agreed prepayment, however, not before the time of your payment instruction).
§ 5 Special Agreements on Offered Payment Methods
Not applicable.
§ 6 Right of Retention
You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.
§ 7 Warranty
The statutory warranty rights apply.
§ 8 Choice of Law, Place of Performance, Jurisdiction
(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services from the business relationships with us as well as the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law, or a special fund under public law. The same applies if you have no general place of jurisdiction in Germany or the EU or if the residence or habitual place of abode is not known at the time of filing the lawsuit. The authority to also invoke the court at another statutory place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply explicitly.
II. Customer Information
1. Identity of the Seller
Premier Card Grading Germany GmbH
Wirichsbongardstraße 39
52062 Aachen
Phone: +49 241 99791917
Email: info@premiercardgrading.de
Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution (ODR), accessible at https://ec.europa.eu/odr.
We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on the Conclusion of the Contract
The technical steps leading to the conclusion of the contract, the contract conclusion itself, and the correction options are executed in accordance with the provisions "Conclusion of the Contract" of our General Terms and Conditions (Part I).
3. Contract Language, Contract Text Storage
3.1 The contract language is German.
3.2 The full text of the contract is not stored by us. Before submitting the order, the contract data can be printed using the browser's print function or electronically saved. After receiving the order, the order data, the statutory information for distance contracts, and the General Terms and Conditions are re-sent to you via email.
4. Main Features of the Goods or Services
The essential features of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1 The prices listed in the respective offers represent total prices as they include all price components, including all applicable taxes.
5.2 The shipping costs incurred are not included in the purchase price. They can be viewed by clicking the appropriately labeled button on our website or in the respective offer, are separately shown during the ordering process, and are additionally borne by you unless free shipping is offered.
5.3 If the delivery is made to countries outside the European Union, further costs may be incurred that we are not responsible for, such as customs duties, taxes, or money transfer fees (transfer or exchange rate charges by credit institutions), which you have to bear.
5.4 Any costs incurred for the money transfer (bank transfer or exchange rate fees) are to be borne by you in cases where the delivery is made to an EU member state, but the payment is initiated outside the European Union.
5.5 The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Delivery Conditions
6.1 The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a correspondingly labeled button on our website or in the respective offer.
6.2 If you are a consumer, the risk of accidental loss or deterioration of the sold item during shipment passes to you only when the item is handed over, regardless of whether the shipment is insured or not. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
7. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).