Read Our Company Policies and Terms and Conditions

General Terms of Service and Conditions

§1 Validity of the conditions: The services and offers of Talisman Grading Company - hereinafter referred to as TGC - are based exclusively on our terms and conditions listed below. The services and goods of TGC 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 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 (TGC) expressly agree to their validity in writing.

§2 Offer and conclusion of the contract: Our offers are non-committal 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 to place an order with TGC. This also expressly includes the sending of items by the customer for the purpose of grading by TGC. TGC reserves the right to accept offers made to TGC. Drawings, illustrations, dimensions, weights, and other services are only descriptive and, in particular, do not represent any guarantee of properties. Technical and other changes in shape, color, weight, etc., are reserved within reasonable limits. 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 an order by telephone 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 telephone. 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 Prices: The offered prices are binding. In the case of special offers, the price offered is limited to the special offer. Legal sales tax is included in the price. All prices do not include packaging, transport, and (if requested by the customer) freight insurance. The customer does not incur any additional costs when ordering by using the means of long-distance communication.

§4 Delivery and service time: Dates and delivery periods 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 in the event that TGC is not responsible for the non-delivery. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately. The same applies to all services to be provided by TGC. TGC reserves the right to make partial deliveries.

§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 damage or no damage has occurred.

§6 Transfer of risk: For consumers, the risk of accidental loss and accidental deterioration of the goods and all services provided by TGC passes to the carrier specified by the consumer (e.g., post, parcel services, rail, other logistics providers, freight carriers), even in the case of mail-order sales, when the goods and services are handed over or similar) to the consumer. TGC 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: TGC guarantees 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 following also applies to the condition assessment (grading) of objects/items sent by consumers and companies: TGC guarantees that an object/item rated by TGC has been examined by at least two assessors (graders). TGC ensures that the evaluation is carried out with the greatest possible objectivity and neutrality. Irrespective of this, TGC expressly points out in this context that the assessment of the condition of objects can still contain subjective statements about the condition. In this respect, the condition assessment certified by TGC only represents the opinion of TGC. For the purpose of maintaining the condition at the time of the assessment, TGC will seal the object or the assessed item after the assessment with outer plastic packaging (so-called case). The seal is an integral part of the TGC assessment. In general, the case must be completely intact inside and out for the original TGC certification to remain valid. The rating expires as soon as the case is opened or damaged. TGC points out that vibration-free storage of the object, especially with regard to light, temperature, and humidity, is essential for maintaining the condition of the object. TGC is in no way responsible for damage to the collector's item unless the collector's item is on TGC's premises at the time of damage. The guarantee exists upon receipt of the collector's item at TGC and ends upon dispatch (handover to a forwarding agent/courier/parcel service/post office or similar). If TGC made an obvious error in the condition assessment, it would be rectified free of charge. Consumers have the choice of whether the supplementary performance should take the form of repair or reversal. We are entitled to refuse the type of warranty or supplementary performance if it is only possible with disproportionate costs, and the other type of supplementary performance remains without significant disadvantages for the consumer. In the case of entrepreneurs, we initially provide a guarantee for defects in the goods, at our discretion, by rectification or reverse processing. If the supplementary performance fails twice, the customer can, in principle, demand a reduction in payment (reduction) or cancellation of the contract (withdrawal) at his discretion. In the case of only minor defects, the customer has no right to withdraw. Consumers must notify us in writing of obvious defects immediately after receipt, at the latest within 4 weeks; otherwise, the assertion of the warranty claim is excluded. Entrepreneurs must immediately inspect the delivered goods for quality deviations and notify us in writing of any recognizable 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 a period of one week from discovery. Deadline is sufficient for timely dispatch. The entrepreneur bears the full burden of proof for all prerequisites for a claim, in particular for the defect itself, for the time the defect was discovered, and for the timeliness of the notice of defects.

§8 Payment: The invoices are to be paid exclusively via the online portal at www.talismangrading.com. The general terms and conditions of the trading card market Talisman Grading Company apply there. 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.

§9 Limitation of Liability: Claims for damages against TGC 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 TGC. 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. Our vicarious agents and we 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 are stored by us and used within the framework 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 anonymous usage data for the creation of user profiles for the purpose of advertising, market research, or the needs-based design of our service at any time by sending a message to [email protected].