1.1 What these Terms cover These are the Terms and conditions ( Terms ) on which we will supply authentication, grading (including reholder and crossover) and any other services to you. If you do not agree to these Terms in their entirety then we cannot provide our services to you.
Our FAQs provide more details about the way in which we provide our services but do not form a part of these Terms.
1.2 Are you a business customer or a consumer? In some areas you will have different rights under these Terms depending on whether you are a business or consumer. You are a consumer if:
1.3 If you are a business customer this is our entire agreement with you. If you are a business customer these Terms constitute the entire agreement between us in relation to the supply to you of our services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2.1 Who we are. We are Ace Grading Limited a company registered in England and Wales. Our company registration number is 13365699 and our registered office is at Amelia House, Crescent Road, Worthing, BN11 1QR, United Kingdom ( Ace Grading , we or us ). Our registered VAT number is GB385422190.
2.2 How to contact us. You can contact us by emailing [email protected] or by writing to us at Ace Grading, Unit 5, Canada Close, Banbury, OX16 2RT, United Kingdom.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or account, or if it is in relation to our wider service or offering via a notice on our website.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
3.1 How we will accept your order. Our acceptance of your order will take place when we send you confirmation, at which point a contract will come into existence between you and us. Further details of the order process are set out in our FAQs.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the service.
3.3 Your order reference. We will assign an order reference to your order and tell you what it is when we accept your order. You must quote your order reference whenever you contact us about your order.
3.4 We only sell to the UK and EU. Our website is currently solely for the promotion of our services which are performed in the UK. Unfortunately, we do not accept orders from addresses outside of the UK or European Union.
4.1 Products may vary slightly from their pictures. The images of any products (i.e. slabs, cards, labels) on our website are for illustrative purposes only. Although we have made every effort to display the colours and images accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Whilst we operate a cleanroom environment and make every attempt to ensure cleanliness in our processes we cannot guarantee that encapsulated cards (slabs) do not contain trapped dust or other airborne particles.
4.2 Product packaging may vary. The packaging of product may vary from that shown in images on our website.
If you wish to make a change to the service you have ordered you must contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6.1 Minor changes to the services. We may make minor changes including to implement minor technical adjustments and improvements, for example to address a security threat or change delivery company. These changes will not affect your use of the services.
6.2 More significant changes to our services and these Terms. If we need to make more significant changes we will notify you or via a notice on our website and you may then contact us to end the contract before the changes take effect and receive a refund for any service paid for but not received.
7.1 Delivery and insurance costs. The costs of delivery will be as displayed to you on our website and when you complete an order. Please note that insurance costs are based on the value declared up to the stated maximum.
7.2 When we will provide the services. We will supply the services to you until the services are completed or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
7.3 We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control (i.e. lockdowns, postal or delivery delays) then we will contact you either personally or via a notice on our website as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
7.4 Delivery. Delivery of products from us to you is provided by a third party delivery provider, currently this is DHL. Please note that once your order has been collected by the delivery provider from our premises then it is responsible for ensuring that delivery is effected to the address you have stated on your order.
7.5 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products (i.e. slabs, cards, etc) cannot be posted through your letterbox, or cannot be left in what the delivery provider in its discretion deems to be a safe place, the delivery provider will inform you of how to rearrange delivery or collect the products from a local depot. Please note if the delivery provider provides proof of delivery then both it and we will deem your products delivered and at your own risk. We shall have no liability for products that are deemed to have been delivered.
If after a failed delivery to you, you do not re-arrange delivery or collect them from the delivery provider’s depot or other location you may be charged by our delivery provider for storage costs and any further delivery costs.
7.6 When you own goods. You own a product which is goods once we have received payment in full and any relevant services connected to them have been completed (i.e. slabs, labels).
7.7 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you (for example, declared card value). Further details are set out in our FAQs. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.8 Reasons we may suspend the supply of services to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes;
(b) update the product to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the services as requested by you or notified by us to you (see clause 6).
7.9 Your rights if we suspend the supply of the services. We will tell you personally or via a notice on our website if we will be suspending supply of the services, unless the problem is urgent or an emergency.
7.10 We may also suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 14.3) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will use reasonable efforts to contact you to tell you we are suspending supply of the services. As well as suspending the services we can also charge you interest on your overdue payments (see clause 14.5). We will hold a lien over your goods for any amounts outstanding and owed to us and you agree that we may sell your goods to recover any such sums owed.
8.1 You can end your contract with us. Your rights when you end the contract will depend on how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
(a) If what you have bought is misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 12 if you are a consumer and clause 13 if you are a business;
(b)If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c)If you are a consumer and have just changed your mind about the services, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any cards, etc received by us;
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we may refund you in full for any services which have not been provided. The reasons are:
(a) we have told you about an upcoming change to the services or these Terms which you do not agree to (see clause 6.2);
(b) we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
(c) there is a risk that supply of the services may be significantly delayed because of events outside our control (i.e. more than 3 months);
(d) we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 3 months or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind if you are a consumer
If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.
(a) Have you bought services (for example, authentication and grading)? If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind – this includes where we have authenticated and/or graded a card but not encapsulated it, or performed services over some cards already but not all.
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at [email protected]. Please provide your name, home address, details of the order and, where available, your phone number and email address.
9.2 How we will refund you. If we believe that you are entitled to a refund under these Terms we will refund you the price you paid for the services including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.3 Please note that the fees we charge are split as follows:
(a) 80% for our grading and authentication services (including in relation to any crossover services), and
(b) 20% for our labelling and encapsulation (slab) services (including in relation to reholder and crossover services)
and any refunds made for partial performance will be determined by this split.
Please note that if you request our reholder or crossover services our authentication decision and the grading we make will be without reference to any pre-existing or third party authentication or grading. It may be therefore that we deem a card to not be authentic where it has previously been deemed authentic, or to make a materially different grading (for example, we may grade a card as 7 against a previous grade of 10). Once reholder or crossover services have been performed, or any cards have been slabbed or re-slabbed, then we shall not be obliged to reperform any part of the services or re-slab a card.
9.4 When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract – this includes where we have authenticated and/or graded a card but not encapsulated it, or performed services over some cards already but not all.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.5 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then:
(a) Your refund will be made within 14 days of your telling us you have changed your mind
Note however where the costs of the services performed exceeds any refund due we will seek to recover the balance from you, including by placing a lien over any cards submitted to us, until the payment is made.
10.1 We may end the contract if you break it. We may end the contract at any time if:
(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
(c) you do not, within a reasonable time, allow us to deliver goods to you;
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct a reasonable administrative charge as compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw the services or any products. We may write to you or make a notice via our website to let you know that we are going to stop providing the services or any products (i.e. slabs, labels).
How to tell us about problems. If you have any questions or complaints about the services (or any product), please contact us. You can contact us by emailing [email protected] or by writing to us at Ace Grading, Unit 5, Canada Close, Banbury, OX16 2RT, United Kingdom.
Please note: you are strongly advised to take photo or video recordings of your cards prior to submitting them. We cannot accept any liability for damage alleged to have been caused by us at our locations without proof of the original condition of cards prior to their receipt by us. We shall also not be liable for any damage incurred in third party transit prior to their recorded arrival at our location, or during third party delivery to you.
12.1 If you are a consumer we are under a legal duty to supply services that are in conformity with this contract. Nothing in these Terms will affect your statutory legal rights. Please see our FAQs in respect of the way in which we authenticate and grade cards.
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;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by us.
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.
14.1 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 unmistakable 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).
14.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgement. You must pay us interest together with any overdue amount.
14.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
15.1 We are responsible to you for foreseeable loss and damage caused by us. Our maximum contractual liability to you shall be limited to the price of the services (and any relevant insurance cover) you have paid for in relation to the relevant claim. 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 ensure 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 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.
16.1 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) breach of the Terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
(d) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
16.2 Except to the extent expressly stated in clause 13.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 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.
18.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will contact you personally or make an announcement via our website to let you know if we plan to do this.
18.2 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.
18.3 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.
18.4 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.
18.5 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.
18.6 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.
18.7 Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.