Swiss Grading – TERMS AND CONDITIONS
1. TERMS OF AGREEMENT
1.1 The following terms and conditions ("Terms") govern the provision of our authentication, grading, and other services to you. We can only provide our services if you agree to these Terms in full.
Our Frequently Asked Questions (FAQs) supplement these Terms by providing additional information about our services but do not form part of the contract.
1.2 This agreement distinguishes between business customers and consumers. Depending on your status, you may have different rights under these Terms. You are a consumer if you are an individual purchasing our products primarily for personal use and not for your trade, business, craft, or profession.
1.3 If you are a business customer, these Terms serve as our comprehensive agreement. You agree that you haven't relied on any statement, promise, or representation that isn't included in these Terms and that you have no claim for misrepresentation based on any statement in this agreement.
2. ABOUT US AND COMMUNICATIONS
2.1 We are Swiss Grading Sàrl, a company registered in Switzerland. Our registered office is at Chemin des Mouilles, 7 – 1213 Petit-Lancy, Geneva, Switzerland.
2.2 You can reach us by sending an email to our designated email address or by mailing us at our office address.
2.3 We will communicate with you through phone calls, emails, or mail to the contact details you provided in your order or account, or through notices on our website.
2.4 When we refer to "writing" or "written" in these Terms, we include emails.
3. CONTRACT DETAILS
3.1 Acceptance of your order happens when we send you a confirmation, thereby establishing a contract between us. Details about the order process can be found in our FAQs.
3.2 If we can't accept your order, we will notify you without charging for the service.
3.3 Each order will be assigned a unique reference, which we'll inform you of upon order acceptance. Please quote this reference in all communications regarding your order.
4. OUR PRODUCTS
4.1 Images of products (like slabs, cards, labels) on our website are for representation purposes only. While we strive for accurate display, the actual product may slightly vary from the images due to device display settings.
5. CUSTOMER-INITIATED CHANGES
If you want to modify the service you've ordered, contact us. We'll inform you if the change is feasible and about any changes to the service price, supply timing, or any other necessary adjustments as a result of your requested change.
6. CHANGES INITIATED BY US
6.1 We may make minor changes to our services to address minor technical adjustments, improvements, security threats, or changes in delivery companies. Such changes won't affect your use of the services.
6.2 For substantial changes to our services or these Terms, we'll notify you or post a notice on our website. You may then contact us to terminate the contract before the changes take effect and receive a refund for any services paid but not delivered.
7. SERVICE PROVISION
7.1 Delivery and Insurance Costs: The costs of delivery and insurance, based on the declared value up to the stated maximum, will be displayed on our website.
7.2 Service Duration: We'll provide the services until they are complete or until the contract ends, as described in clauses 8 and 10.
7.3 Force Majeure: Delays in our services caused by events outside our control (like lockdowns or delivery delays) aren't our responsibility. If such an event occurs, we'll notify you as soon as possible and we will take steps to minimize the effect of the delay. If the delay is substantial, you may contact us to end the contract and receive a refund for any services you've paid for but haven't received.
7.4 Missed Delivery: If no one is available at your address to receive the delivery and the products (i.e., slabs, cards, etc.) can't be posted through your letterbox, our delivery provider will leave you a note with instructions to rearrange delivery or to collect the products from a local depot.
7.5 Failed Delivery: If you do not rearrange delivery or collect them from a delivery depot after a failed delivery, our delivery provider may charge you for storage costs and any further delivery costs.
7.6 Ownership of Goods: You own a product once we have received full payment and any relevant services connected to them have been completed (i.e., slabs, labels).
7.7 Required Information: To provide our services, we may require certain information from you (for example, declared card value). If you do not provide this information within a reasonable time of us asking for it, or if you provide incomplete or incorrect information, we may either end the contract or charge an additional reasonable sum to compensate for any extra work required. We will not be responsible for late service delivery or failure to deliver part of the services if it is caused by you not providing the required information within a reasonable time of us asking for it.
7.8 Suspension of Services: We may have to suspend the provision of a product to deal with technical problems, make minor technical changes, reflect changes in relevant laws and regulatory requirements, or make changes to the services as requested by you or notified by us to you.
7.9 Notice of Suspension: If we suspend the services, we will notify you personally or via a notice on our website, unless the issue is urgent or an emergency.
8. Your Rights to End the Contract
Your right to end the contract depends on our performance, your decision time, and your customer type (business or consumer):
(a) If the product/service is inaccurately described, you have the legal right to end the contract (or ask for repair, replacement, re-performance, or partial/full refund). Refer to clause 12 (consumer) and clause 13 (business).
(b) If you wish to end the contract due to our actions or planned actions, see clause 8.2.
(c) If you're a consumer and have changed your mind about the services, see clause 8.3. You may get a refund within the cooling-off period, subject to deductions and return costs of any cards received by us.
9. How to End the Contract with Us
To terminate the contract, please notify us at firstname.lastname@example.org with your name, home address, order details, and if available, your phone number and email address.
10. Our Rights to End the Contract
We may end the contract if:
(a) You fail to provide necessary information for service provision within a reasonable time after our request.
(b) You do not allow us to deliver goods to you within a reasonable time.
11. If There Is a Problem with the Services
If you have any questions or complaints about the services, please contact us at email@example.com or write to us at Chemin des Mouilles 7 – 1213 Petit-Lancy – Geneva – Switzerland.
12. Your Rights if You Dispute the Way in Which We Have Performed Services – As a Consumer
If you are a consumer, we are legally obligated to provide services that conform to this contract. Nothing in these Terms will affect your statutory legal rights. Please refer to our FAQs for details on how we authenticate and grade cards.
13. Your Rights if You Dispute the Way in Which We Have Performed Services – As a Business
13.1 If you are a business customer we warrant that any goods (i.e. slabs or labels) we provide as part of our services shall: (a) conform in all material respects with their description; (b) be free from material defects in design, material and workmanship.
13.2 Subject to clause 13.3, if: (a) you give us notice in writing within 1 month or delivery to you (warranty period) that any goods do not comply with the warranty set out in clause 13.1; (b) we are given a reasonable opportunity of examining such product; and (c) you return such product to us we shall, at our option, repair or replace the defective product, or refund the price of the defective product (or part service) in full.
13.3 We will not be liable for a failure to comply with the warranty in clause 13.1 if: (a) you make any further use of such goods after giving a notice in accordance with clause 13.2(a); (b) the defect arises because you failed to follow our instructions as to the storage, installation, commissioning, use or maintenance of the goods or (if there are none) good trade practice; (c) the defect arises as a result of us following any drawing, design or specification supplied by the Customer; (d) you alter or repair the product without our written consent; or (e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4 Except as provided in this clause 13, we shall have no liability to you in respect of a good's failure to comply with the warranty set out in clause 13.1.
13.5 These Terms shall apply to any repaired or replacement goods supplied by us under clause 13.2.
14. Price and Payment
14.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We use our best efforts to ensure that the price of the services (and any goods) advertised is correct. However please see clause 14.2 for what happens if we discover an error in the price of the product you order.
14.2 What happens if we got the price wrong. It is possible that, despite our best efforts, some of the services we offer may be incorrectly priced. If the correct price of the services (or goods) at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
14.3 When you must pay and how you must pay. Further details of payments are available via our FAQs: (a) For our services, you must make payment once our services have been rendered.
14.4 Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
15. Our Responsibility for Loss or Damage Suffered by You – As a Consumer
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. Note that we shall not be liable for any losses for cards that have a value above that declared, or above that covered by the insurance cover levels chosen and in place. It is your sole responsibility to insure adequate cover is obtained beyond the basic cover provided by us.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products.
15.3 We are not liable for business losses. If you are a consumer we only supply the products for to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 16.
16. Our Responsibility for Loss or Damage Suffered by You – As a Business
16.1 Nothing in these Terms shall limit or exclude our liability for: (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable); (b) fraud or fraudulent misrepresentation; (c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Subject to clause 16.1: (a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; (b) the insurance exclusion at clause 15.1 shall apply, and (c) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the price of the services paid for out of which the liability arises.
17. How We May Use Your Personal Information
18. You Need Our Consent to Transfer Your Rights to Someone Else (Except That You Can Always Transfer Our Guarantee). You May Only Transfer Your Rights or Your Obligations Under These Terms to Another Person If We Agree to This in Writing.
18.1 Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its Terms.
18.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
18.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
18.4 Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These Terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.