JURISDICTION AND APPLICABLE LAW

The sales contract between the client and graad.eu is concluded in Italy and regulated by the Italian law. For the resolution of civil and criminal litigations arising from the conclusion of this online sales contract, the case shall proceed according to D.Lgs. 206/05, by which the judge of the place of residence or domicile of the consumer has obligatory jurisdiction.

CONDITIONS

The conditions in this document can be modified by graad.eu without notice and will be valid starting from the day of publication on the website graad.eu

RIGHT OF WITHDRAWAL

A) Pursuant to art. 5 DLgs. N. 206/05, if the client is a consumer (that is a natural person who purchases the products for purposes not related to their own commercial activity, in other words does not make a purchase indicating in the order form a reference to their VAT number), they have the right to withdraw from the purchase contract for any reason, without penalty and without prejudice to what stated in the following point C.

B) To exercise the aforementioned right, the client shall send a withdrawal request by email to Info@graad.eu or by registered mail to Graad  Via Leoncavallo 15 20131 Milano, indicating the reason for the withdrawal, the bank details for the refund, a copy of the order. Once accepted, the client will be sent a notice and shall proceed to return the products at their own expense at the address indicated by graad.eu. Carriage forward shipments or shipments without a reference to our authorization will not be accepted.

C) The right of withdrawal is in any case subject to the following mandatory conditions:
- the right is valid for the purchased product in its entirety (certification + polycarbonate case); it is not possible to proceed with a return only for a part of the purchased product;
- the purchased product will have to be intact and returned in all its parts - including the packing material; to limit damage to the polycarbonate case it is imperative that it is placed in a second box and it is protected by taking all possible precautions. The application of labels or tape directly on the polycarbonate case must be avoided in all cases;
- the shipment costs for the product's return will be the client's responsibility;
- the shipment, up until confirmed receipt in our warehouse, is the client's total responsibility;
- in case of damage to the product during transport, graad.eu will inform the client about it (within 7 working days from the product's receipt in their own warehouses), to allow them to press charges promptly against the courier chosen by them and obtain the repayment of the product's value (if insured); in this case, the product will be made available to the client for its return, together with cancelling the withdrawal request;
- graad.eu is not responsible in any way for damage or theft/loss of returned products with uninsured shipments;

D) graad.eu will proceed to refund the client the total amount already paid, within 14 days from the return of the goods, by bank transfer or paypal. It will be the client's responsibility to provide promptly the bank details to receive the refund: in case of bank transfer, bank account details of the person who placed the order, with complete IBAN code; in case of Paypal the email of the account on which the refund is expected.

E) The right of withdrawal loses its validity completely for lack of the essential condition of integrity of the product (package and/or its contents) in cases where graad.eu ensures that:
- the external protection (polycarbonate case) and/or the internal original certificate are either missing or modified;
- the integral elements of the product (accessories, parts...) are missing or the product itself shows anomalies;
- damage is present on the product (polycarbonate case or certificate) for different reasons than its transport,

In case of loss of the right of withdrawal, graad.eu will proceed to return the purchased products to the sender, also charging them the shipping costs.

INFORMATION ABOUT THE PRODUCTS

graad.eu pays particular attention to the online publication of the information regarding the essential characteristics of the products by technical data sheets developed by its partners and/or suppliers and by illustrative pictures of the products, within the limits of technology and in accordance with the market's standards.

ITEMS FOUND TO BE FAKE AFTER APPRAISAL

If an item submitted for certification is found to be fake, GRAAD will return it to the owner without encapsulation or certification, attaching a label declaring the item fake. The item will be returned to the owner along with any other items appraised in the same order. The grading fee will not be refunded under any circumstances.

AVAILABILITY AND PRICES

graad.eu puts its utmost efforts to keep the availability of the products on the website constantly updated. Nevertheless, on the off chance that a product shown as available is actually out of stock, the client will be promptly informed by e-mail, so that they can decide whether to wait for the product to be available again, or cancel the placed order completely or partly, removing the no longer available products from the order.
In the case that the unavailability of the product is due to a permanent stop of production of the same by the manufacturer, graad.eu will suggest a product of the same quality and price to the client. In case of refusal by the client, graad.eu will proceed to refund the unavailable product.

Despite the fact that we try to make sure that all the prices shown on our website are correct, it is possible that there could be errors. If we detect an error in the price of the purchased goods, we will inform you as soon as possible and we will let you reconfirm your order for the correct price or cancel it. If we cannot contact you, we will consider the order as cancelled. If your order is to be cancelled and the goods have already been paid for, you will receive a total refund.

SECURITY OF PAYMENTS

It is possible to proceed with the payments on graad.eu via Paypal (which includes the following types of credit cards: Visa, Mastercard, Maestro, American Express) or via bank transfer or in person at our store. The security of the payments on graad.eu is guaranteed by a reliable and safe system.

ISSUE OF FISCAL DOCUMENTS

graad.eu always issues sales receipts or invoice on request, which is sent by e-mail at the address indicated by the client at the moment of the registration on the website.

WARRANTY

All the goods sold by graad.eu come with the official warranty of the manufacturer when it is present, whose validity and duration vary according to the product and the brand.
The warranties issued by the manufacturers of the products sold by graad.eu do not cover:
- irregular or not correct use of the products (clients are advised to carefully consult the instruction manual which comes with the product),
- damages (and their consequences) due to operations by non-authorised repairers,
- damages (and their consequences) due to external reasons (for example: accidents, falls ecc.)
In any case graad.eu will not be held accountable for the potential refusal of the manufacturer to implement the warranty in the above mentioned cases.

PRICES TRANSPARENCY

All the prices are subject to 22% VAT or 0% VAT based on the typology of the product.

COPYRIGHT

The whole content of the website graad.eu (including but not limited to illustrations, text, descriptions, logo, pictures) is property of graad.eu and/or its commercial partners. Any reproduction, partial or total, of the content of the website, by means of any process and on any device, must be explicitly authorised in writing by graad.eu.

Graad.eu will not be held accountable in any case for the violation of the rights held by third parties by one or more users and committed by reasons of activities carried out by the same users on the website.

COMMENTS, OPINIONS, CRITIQUES, REVIEWS AND COMMUNICATIONS

All the evaluations, opinions, critiques and reviews of the clients sent to graad.eu are monitored and moderated by the marketing department of graad.eu. In the case that these communications are against the laws or morality (improper advertising, defamation, insults, improper comments...) graad.eu reserves the right to deny or modify the opinion in question and, in those cases where this is considered necessary for the safeguard of the rights of graad.eu, to forward these communications to the competent authorities.

GENERAL CONDITIONS OF INSURANCE

1. Exemption from liability
Graad s.r.l. (c. f. / p. iva 11525500960), current in via Ruggero Leoncavallo, n. 15, 20131 Milan, disclaims any liability in case of total or partial loss of the certified goods and / or its damage during transport / shipment of goods. Only in cases of shipment so-called insured, the insurance coverage will be valid under the general conditions of insurance set forth in the following articles and to be enforced exclusively against the insurance company, the only entity delegated to indemnity. Graad s.r.l., in fact, is released from the obligation of delivery the moment the goods are entrusted to the carrier or freight forwarder.
Therefore, by accepting the conditions of insurance, the insured agrees to release Graad s.r.l. from any liability inherent in late delivery, damage, deterioration and loss of goods.

2. Goods for which the insurance operates
Goods shipped only after certification and/or enhancement are included in the insurance.The insurance covers all shipments and transportation of the following goods, described by way of example and not limitation:
- Figurines, collectible playing cards and miscellaneous items, both new and used.

3. Warranty delimitation clauses
The insurance guarantee is provided according to the articles of the Integrated General Conditions, subject to the legal regulations, referred to in the aforementioned clauses.
- Goods Clause - The guarantee is understood to be limited to the total loss of the goods, meaning the total theft of the same, thus excluding partial damage;
- Risk Strikes Clause over Goods;
- Termination of Transit Clause (Terrorism) ed. 1.1.2009;
- Cyber Marine Exclusion Clause ed. 11.11.2009;
- Institute Radioactive Contamination, Chemical, Biological, Biochemical and Electromagnetic Weapons Exclusion Clause ed. 11.11.2003;
- Sanction Limitation and Exclusion Clause;
- Communnicable Disease Exclusion Clause ed. 21.10.2020.

3. Warranty delimitation clauses
The insurance guarantee is provided according to the articles of the Integrated General Conditions, subject to the legal regulations, referred to in the aforementioned clauses.
- Goods Clause - The guarantee is understood to be limited to the total loss of the goods, meaning the total theft of the same, thus excluding partial damage;
- Risk Strikes Clause over Goods;
- Termination of Transit Clause (Terrorism) ed. 1.1.2009;
- Cyber Marine Exclusion Clause ed. 11.11.2009;
- Institute Radioactive Contamination, Chemical, Biological, Biochemical and Electromagnetic Weapons Exclusion Clause ed. 11.11.2003;
- Sanction Limitation and Exclusion Clause;
- Communnicable Disease Exclusion Clause ed. 21.10.2020.

4. Insurable value and maximum sum insured
The maximum insurable value shall be, to the extent of the claimant's interest, that of the goods in sound condition at the time and place of destination specified in the policy according to the commercial value of the goods. If this value cannot be ascertained, the price of the goods at the time and place of loading, increased by 10 percent as a hoped-for profit and other inherent and documentable costs such as transportation, insurance, tax and customs charges, will take its place.
The maximum sum guaranteed by 'insurance for each claim or series of claims arising from a single occurrence is € 10,000.00 per single shipment. In accordance with the provisions of Article 1907 of the Civil Code, if the value of the property is greater than the maximum sums indicated above, the indemnity will be paid within the limits of the maximum sum in proportion to the value of the limit sums listed.

5. Rules applicable in the event of a claim

5.1. Abandonment
Limited to claims occurring during the maritime or air or inland water voyage and compensable under the terms of the contract, the Insured may abandon the goods and claim indemnity for total loss in the cases respectively provided for in Articles 541 and 1007 of the Navigation Code.
The abandonment of the goods must be carried out in the forms provided by Italian law.

5.2. Limits of indemnity.
The sum insured shall be the upper limit of the indemnity due. If the sum insured is greater than the insurable value, the excess will not be considered.
If, on the other hand, it is less, the loss shall be indemnified in the proportion in which the sum insured stands to the insurable value.

5.3 Exclusion of partial damage
As provided in Article 3, the insurance coverage shall operate limited to the total loss of the insured goods, meaning total theft of the same or damage, such as to completely nullify the commercial value.

5.4 Failure to make the trip.
Indemnification shall not be due in any case of any damage incurred to the insured goods or any expenses incurred in connection therewith as a result of the failure to make the stipulated voyage or to the impediment and/or default and/or change and/or interruption thereof, due to arrest, interdiction, restrictive provisions and/or any acts whatsoever of Governments, Authorities or Peoples.

5.5. Excess - Deductible
Indemnifiable losses and damages shall be indemnified after deduction of the uncovered amount or fixed deductible provided below, calculated or applicable on the indemnifiable amount: 3
- uncovered 10% of damage, not covered by insurance, with a minimum of €.100.00 for each
damage.

5.6 Payment of indemnities
Payment of indemnities shall be made sixty days after the closing of the investigation but, in any event, at the sole discretion of the insurance institution.

HANDLING OF DAMAGE TO GOODS CAUSED BY GRAAD

1. Scope of application.

This clause governs cases in which goods delivered to graad.eu for certification, grading, encapsulation, decertification (case opening) and/or recertification services are damaged due to causes attributable to graad.eu while in its custody or during processing, excluding transport-related damage, which is governed by the "General Insurance Conditions" clause.

2. Criteria for assessing the damaged item.

For the purpose of determining the damage and the applicable remedy pursuant to Article 3 below, the value and condition of the item shall be established on the basis of the following objective criteria:

a) Item not yet certified by graad at the time of the damage: where the damage concerns an item that has not yet been certified and encapsulated by graad at the time the damaging event occurs, including, by way of example, items delivered as uncertified ("raw") and items already certified by third parties and delivered to graad for decertification (case opening) and/or subsequent recertification, the item shall be assessed as an uncertified ("raw") item, on the basis of the market value recorded on the main industry marketplaces for raw items in comparable condition. For this purpose, any statements, expectations or subjective assessments made by the customer regarding the grade or condition that the item might have achieved following certification shall not be taken into account.

b) Item already certified by graad at the time of the damage: where the damage concerns an item already definitively certified and encapsulated by graad before the damaging event occurs, the grade and certification data assigned by graad, as objective and documented technical information, shall constitute the reference parameter for determining its value.

3. Methods for resolving the damage.

In the event of damage attributable to graad, graad shall identify the most appropriate remedy from among those set out in points a), b) and c) below, adopting a reasoned decision based on objective technical criteria, with particular regard to: the nature and type of the item; the type and extent of the damage suffered; the technical feasibility of repair or replacement; and the availability on the relevant market of an equivalent item. It is understood that the customer shall have no independent right to choose among the remedies referred to in the following points.

a) Full reimbursement: graad shall pay the customer an amount equal to the value of the item, determined pursuant to Article 2 above, in conditions comparable to those of the item received. The payment shall constitute consideration for the purchase of the damaged item, ownership of which shall transfer to graad upon such payment.

b) Partial reimbursement: graad shall pay the customer an amount equal to the difference between the value of the item before the damage and the value of the same item after the damage, both determined pursuant to Article 2 above. Ownership of the item shall remain with the customer.

c) Replacement: graad shall provide the customer with an equivalent item, in the same condition as provided for under Article 2, in exchange for the delivery to graad of the damaged item, ownership of which shall transfer to graad at the same time as the replacement item is delivered.

Upon the customer's written request, graad shall briefly indicate the technical reasons, among those referred to in this Article, underlying the remedy adopted.

4. Force majeure.

Graad shall not be liable for damage that is the direct consequence of unforeseen events or force majeure, meaning events that are unforeseeable, unavoidable and beyond graad's control (including, by way of example and without limitation: fires, natural events, burglary, prolonged and unplanned power outages, or measures taken by public authorities). graad shall notify the customer in writing, within 10 (ten) working days of the occurrence of the event, of the force majeure event being invoked, providing appropriate supporting documentation (including, by way of example: reports filed with the competent authorities, expert reports, photographic documentation, or communications with the insurance company).

5. Obligation to return the damaged item.

In the cases referred to in points a) and c) of Article 3, payment of the full reimbursement or delivery of the replacement item shall be conditional upon and subject to the prior return of the damaged item to graad. If the customer sells, transfers, destroys, loses or otherwise fails to make the damaged item available for return within the deadline specified by graad, the customer shall forfeit any right to full reimbursement or replacement, without prejudice to any different agreement made in writing.

6. Items already certified by third parties and delivered for case opening and/or recertification.

A customer who delivers to graad items already certified and encapsulated by third parties for case opening,
decertification and/or subsequent recertification by graad acknowledges and expressly accepts that such operations involve an inherent risk of damage to the item and/or its case, arising from the very nature of the requested operation and not from any fault on the part of graad. Without prejudice to the provisions of Articles 2, 3 and 4, graad shall not be liable for damage that is the direct and unavoidable consequence, despite the exercise of ordinary professional diligence, of the case-opening operation, except in cases of wilful misconduct or gross negligence on the part of graad.

7. Safeguard clause.

Any decisions made by graad pursuant to the preceding Articles shall be based on the objective criteria set out therein and shall not constitute the exercise of mere discretion. It remains understood that the choice among the remedies referred to in Article 3 does not grant the customer an independent right of option among them, without prejudice to the criteria and safeguards provided for in this clause.