Conditions

General Terms and Conditions

§1 Validity of the conditions

The services and offers of AP Grading are based exclusively on our terms and conditions listed below. The services and goods of AP Grading include, among other things, the assessment of the condition ("grading") of items and objects, which is also carried out exclusively in accordance with the terms and conditions mentioned here. The version valid at the time the contract is concluded is decisive. Consumers within the meaning of these terms and conditions are natural persons with whom a business relationship is 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 relationships 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 do not become part of the contract unless we expressly agree to their validity in writing.

§2 Offer and conclusion of contract

Our offers are subject to change and non-binding. Our representations of services and goods on the Internet or at other appearances (such as trade fairs, exhibitions, etc.) do not constitute an offer, but a non-binding invitation to the customer to submit an offer or order from AP Grading. This also expressly includes the sending of items by the customer for the purpose of grading by AP Grading. AP Grading reserves the right to accept offers made to AP Grading. Drawings, illustrations, dimensions, weights and other services are only descriptive and in particular do not represent any guarantee of properties. We reserve the right to make technical and other changes in shape, colour, weight etc. within the scope of what is reasonable. We will immediately confirm the receipt of offers, orders and items from the customer. The confirmation of receipt does not yet represent a binding acceptance of the order. The confirmation of receipt only represents a declaration of acceptance if we expressly declare this. The receipt of a telephone order does not represent a binding acceptance on our part either. We are entitled to accept the contract offer contained in the order within two weeks. In the case of services and goods ordered electronically, we are entitled to accept the order within seven working days of receipt. The contract offer is accepted in writing, digitally or by telex. In the case of immediate delivery, the contract is accepted implicitly; the written form is replaced by the enclosed invoice. We are entitled to refuse to accept the order. Our sales staff are not authorized to make verbal side agreements.

§3 Prizes

The prices offered are binding. In the case of special offers, the price offered is limited to the special offer. The price includes the statutory sales tax.

§4 Delivery and service time

Dates and delivery times are non-binding unless otherwise expressly agreed in writing. The information we provide about specific delivery times and delivery dates is subject to the correct and timely delivery by suppliers and manufacturers. This only applies if AP Grading is not responsible for the non-delivery.In the event of unavailability or only partial availability of the goods, the customer will be informed immediately

§5 Default of acceptance

The legal regulations apply. In the event of default in acceptance by the customer, after a period of grace (7 calendar days) has expired, we are entitled to demand either a lump sum of 25% of the agreed purchase price or compensation for the damage actually incurred from the customer as compensation. The customer is free to prove that less or no damage has occurred.

§6 Passing of Risk

In the case of consumers, the risk of accidental loss and accidental deterioration of the goods and all services provided by AP Grading also passes in the case of mail-order sales when the goods and services are handed over to the carrier specified by the consumer (e.g. post, parcel services, rail, other logistics providers, carriers or similar) to the consumer. AP Grading generally recommends taking out transport insurance based on the value of the goods. In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods passes to the entrepreneur when the goods are handed over, in the case of mail-order sales when the goods are delivered to the forwarding agent, carrier or other person or institution commissioned to carry out the shipment. The handover is the same if the customer is in default with the acceptance.

§7 Warranty

AP Grading ensures the proper execution of assignments and orders. A warranty period of 24 months applies to goods and services for consumers. For entrepreneurs, the warranty period is 6 months. The gradings are all carried out independently. It is ensured that each grading is checked by at least three employees.

§8 Payment

Invoices are payable by bank transfer, credit card payment, Paypal, cash in advance, cash on delivery, or on collection, unless otherwise agreed. The delivery is generally not free, i.e. at the expense of the customer, unless something else has been expressly agreed. The goods will be insured against transport damage if this is requested and paid for by the customer. A payment is only deemed to have been made when we can dispose of the amount.

§9 Limitation of Liability

Claims for damages against AP Grading due to violation of legal or contractual obligations or for other reasons are excluded, unless the damage is due to grossly negligent or intentional behavior on the part of AP Grading. Liability for any consequential damage is excluded in any case. In the case of slightly negligent breaches of duty, our liability and that of our vicarious agents is limited to the foreseeable, direct average damage that is typical for the contract. We and our vicarious agents are not liable for slightly negligent breaches of non-essential contractual obligations, the breach of which does not jeopardize the execution of the contract.

§10 Data protection and right of objection

The data required for business transactions is stored by us and used in the context of order processing.

§11 cancellation policy

Right of withdrawal

You have the right to withdraw from 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 took possession of the goods.

In order to exercise your right of withdrawal, you must send us a clear statement (e.g.a letter sent by post, fax or e-mail) about your decision to withdraw from this contract

To meet the cancellation deadline, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.

§ 12 Disputes in connection with an online purchase contract

In the event of disputes in connection with an online sales contract or an online service contract, the customer and AP Grading have the option of using an online dispute resolution service provided by the EU Commission, available at: http://ec.europa.eu/ consumers/odr

§13 Right of Use

The customer agrees that the objects graded by AP Grading may be displayed on AP Grading's website or other information media for the purpose of presenting AP Grading's service.

§14 Final Clause

The law of the Federal Republic of Germany applies. For consumers who do not conclude their contract for professional or commercial purposes, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The provisions of the UN Sales Convention do 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 is our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or if their domicile or habitual abode is not known 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 ineffective regulation should be replaced by a regulation whose economic success comes as close as possible to that of the ineffective one.

Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr find. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

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