General Terms and Conditions of VDH Grading

Version: [datum invullen] Applicable from: [datum invullen]

Article 1 — Definitions

In these general terms and conditions, the following definitions apply:

VDH Grading: the business that operates under the name VDH Grading and offers services relating to the submission, facilitation and administrative processing of trading card grading submissions with external grading companies, including PSA.
Customer: any natural person or legal entity that enters into an agreement with VDH Grading.
Consumer: any natural person who is not acting for purposes relating to his or her trade, business, craft or profession.
Business customer: any customer acting in the exercise of a profession or business.
Card or cards: trading cards, collectible cards, TCG cards, sports cards or other collectible cards offered by the customer to VDH Grading for grading, authentication, encapsulation, assessment or related services.
Submission: the entirety of cards, data, forms, choices, value declarations, packaging and other information provided by the customer to VDH Grading for processing.
Order: the order or instruction from the customer to VDH Grading.
Services: all services offered by VDH Grading, including but not limited to administrative processing, preparation of grading submissions, shipping to external grading companies, communication, return processing, storage, insurance and additional service activities.
Grading company: an external party that assesses, authenticates, grades, slabs or encapsulates cards, including but not limited to PSA.
PSA: Professional Sports Authenticator, being an external and independent grading party.
Slab: the plastic holder in which a card is sealed by a grading company after assessment.
Declared value or stated value: the estimated value of a card or submission provided by the customer for the purposes of insurance, service level, transport, customs or administrative processing.
Insured value: the amount for which a card or submission is actually insured, insofar as insurance has been expressly confirmed by VDH Grading.
Carrier: any carrier, courier, postal service or logistics partner used for shipping.
Website: the webshop, website or online environment of VDH Grading.

Article 2 — Identity of VDH Grading

VDH Grading is established in the Netherlands, in the region of the municipality of Den Helder.

Company name: VDH Grading Trade name: VDH Grading Place of business: [adres invullen] Postal address: [adres invullen] Chamber of Commerce number: [KvK invullen] VAT number: [btw invullen] Email address: [e-mail invullen] Telephone number: [telefoon invullen] Website: [website invullen]

VDH Grading does not act as a grading company, appraiser, insurer, financial adviser or investment adviser.

Article 3 — Applicability

These general terms and conditions apply to every offer, every quotation, every order, every agreement, every submission and every service provided by VDH Grading.
By placing an order, creating a submission, shipping or handing over cards, or making use of the services, the customer declares that they agree to these general terms and conditions.
Deviations from these general terms and conditions are valid only if they have been confirmed by VDH Grading in writing and expressly.
If one or more provisions of these general terms and conditions prove to be wholly or partly null and void or voidable, the remaining provisions remain fully in force. The provision concerned will be replaced by a valid provision that corresponds as closely as possible to the purpose and intent of the original provision.
For consumers, these general terms and conditions apply insofar as they do not conflict with mandatory consumer law.
VDH Grading may amend these general terms and conditions. For existing orders, the version applicable at the time the order was placed applies, unless an amendment is legally required or the customer expressly agrees to the amendment.

Article 4 — Nature of the services

VDH Grading offers an intermediary, administrative and logistical service for customers who wish to have cards graded by external grading companies, including PSA.
VDH Grading is not part of PSA and is not legally, commercially or organisationally affiliated with PSA, unless expressly stated otherwise.
VDH Grading does not itself perform any grading, authentication, assessment of authenticity, valuation or quality control equivalent to the assessment carried out by a professional grading company.
VDH Grading has no influence over:
the grade assigned;
the authenticity decision;
the assessment of centering, corners, edges, surface or other grading criteria;
the decision not to grade a card;
the designation “altered”, “trimmed”, “minimum size requirement”, “authentic only”, “questionable authenticity” or comparable qualifications;
the processing time at PSA or other grading companies;
policy changes by PSA or other external parties;
price changes, upcharges or service level adjustments by PSA.
The services of VDH Grading consist, among other things, of:
receiving cards;
administratively processing submissions;
preparing grading submissions;
collecting or bundling submissions;
shipping cards to external grading companies;
following up on the status of submissions;
receiving and processing return shipments;
returning cards or arranging for their collection;
additional services if agreed.
VDH Grading never guarantees that a card will achieve a particular grade, value, sale price or market position.

Article 5 — Offer and information on the website

All offers, prices, turnaround times, service levels and descriptions on the website have been compiled with care, but may contain errors or be subject to change.
Obvious mistakes or errors in the offer do not bind VDH Grading.
Prices are shown inclusive of VAT if the customer is a consumer, unless expressly stated otherwise.
Any additional costs, including shipping costs, insurance costs, customs costs, import costs, administrative costs, PSA upcharges or additional service costs, are stated as clearly as possible.
If external costs change after the customer has placed an order, VDH Grading may pass on these costs if they are reasonably related to the submission and lie outside the control of VDH Grading.
The customer is responsible for checking the order details, card details, quantities, declared value, service level choice and shipping details before finalising the order.

Article 6 — Formation of the agreement

The agreement is formed as soon as the customer places an order via the website, by email, in writing or via another communication channel accepted by VDH Grading, and VDH Grading accepts that order.
VDH Grading may refuse or cancel an order if:
the details are incorrect or incomplete;
payment is not made;
the submission appears suspicious, risky or unlawful;
cards are suspected of being counterfeit, stolen, altered, damaged or unsuitable;
the customer has failed to fulfil previous obligations;
there is misuse, fraud or a threatened chargeback;
VDH Grading cannot reasonably carry out the order.
After placing an order, the customer receives a confirmation by email or via the website.
The customer is responsible for retaining the order confirmation, invoice, shipping receipts and communication with VDH Grading.

Article 7 — Obligations of the customer

The customer declares that he or she is the owner of the cards or is authorised to submit the cards on behalf of the owner.
The customer declares that the cards are not stolen, misappropriated, forged, counterfeit or unlawfully obtained.
The customer is responsible for providing the following correctly, completely and honestly:
name and contact details;
return address;
card details;
quantities;
declared value;
desired service levels;
particulars such as damage, signature, altered status or other relevant information.
The customer is responsible for correct and secure packaging when shipping to VDH Grading.
The customer must ship cards in accordance with the instructions of VDH Grading. If the customer deviates from these, this is at the customer’s risk.
The customer may not submit cards that:
are counterfeit;
are suspected of being counterfeit;
are stolen;
have been unlawfully obtained;
contain hazardous substances;
are so damaged or soiled that processing is unreasonable;
conflict with laws or regulations.
VDH Grading may request additional information, proof of ownership, proof of purchase, identification or explanation if there is reason to do so.
If the customer provides incorrect or misleading information, VDH Grading is not liable for any resulting damage, delay, refusal, additional costs or loss.

Article 8 — Submitting cards

Cards are shipped by the customer to the address specified by VDH Grading, or handed over in person if VDH Grading offers this option.
The risk of shipping to VDH Grading lies entirely with the customer until the submission has demonstrably been received by VDH Grading.
A track & trace status of “delivered” does not automatically constitute proof that the full contents have been received correctly, undamaged and complete by VDH Grading.
VDH Grading may carry out a visual intake upon receipt, but is not obliged to substantively check each card for authenticity, damage, value, completeness or suitability.
If VDH Grading detects discrepancies, such as missing cards, additional cards, damage, incorrect card details or incorrect values, VDH Grading will inform the customer of this as well as possible.
If the customer packages cards insufficiently, VDH Grading is not liable for damage that arose before receipt or as a result of poor packaging.
VDH Grading may take photos, scans or videos of submissions for the purposes of administration, evidence, claims handling or quality control.
VDH Grading is not obliged to provide raw intake images, internal photos or video footage to the customer, unless VDH Grading considers this reasonable or is legally required to do so.

Article 9 — Processing of submissions

After receipt, VDH Grading processes the submission administratively.
VDH Grading may bundle submissions with submissions from other customers for shipment to PSA or other grading companies.
The customer accepts that bundling may affect logistical planning, shipping times and turnaround times.
Unless expressly agreed otherwise, VDH Grading determines when a submission is forwarded to the grading company.
If a customer chooses a specific service level, this applies insofar as PSA or the grading company concerned accepts it.
PSA or another grading company may decide independently that a card falls under a higher service level, for example due to a higher declared value or market value. Any additional costs or upcharges are at the customer’s expense.
VDH Grading may temporarily pause a submission if payment is missing, data is unclear, risks exist or additional consent is required.

Article 10 — Grading, assessment and results

The customer acknowledges that grading contains subjective elements and is performed entirely by the external grading company.
VDH Grading is not responsible for:
a grade lower than expected;
a refusal to grade;
an authenticity rejection;
a qualification as altered, trimmed, recolored, miscut, minimum size requirement, evidence of trimming or comparable;
damage that the customer claims arose during grading, unless demonstrably caused by VDH Grading itself;
differences between earlier assessments, pre-grades, opinions or expectations and the final PSA result.
Any pre-screening, visual estimate or advice from VDH Grading is non-binding and provides no guarantee of a particular grade or outcome.
The customer cannot claim any compensation on the grounds that a card is worth less after grading, achieves a lower grade or proves not to be saleable.
VDH Grading is not liable for any reduction in value due to:
market fluctuation;
loss of hype;
timing;
delay;
a disappointing grade;
changes to PSA population reports;
changes in supply or demand;
falling market prices for TCG cards.

Article 11 — Turnaround times

All stated turnaround times are indicative.
Turnaround times depend, among other things, on:
internal processing at VDH Grading;
bundling of submissions;
transport;
customs;
PSA or other grading companies;
busyness at external parties;
public holidays;
strikes;
delays at carriers;
inspections or additional queries.
Exceeding a turnaround time does not give the customer any right to cancellation, compensation, price reduction or free return, unless mandatory law provides otherwise.
VDH Grading will make efforts to reasonably inform the customer of relevant delays, but is dependent on information from external parties.
If PSA or another grading company holds a submission longer than expected, VDH Grading is not liable for this.

Article 12 — Prices, payment and additional costs

The customer pays the price as stated at the time of ordering, unless there is an obvious error.
Payment must be made via the payment methods offered by VDH Grading.
VDH Grading may require full advance payment.
An order is only processed after payment has been received in full, unless agreed otherwise in writing.
Additional costs that may arise include, among others:
PSA upcharges;
higher service level costs;
additional insurance;
return shipping;
customs or import costs;
administrative costs;
storage costs;
costs for address corrections;
costs for refused or returned parcels;
collection costs;
chargeback costs.
If additional costs arise due to decisions by PSA or other external parties, these costs are at the customer’s expense.
If the customer refuses or delays payment, VDH Grading may retain cards until all outstanding amounts have been paid.
VDH Grading has a right of retention over cards and slabs for as long as the customer owes outstanding amounts.
If payment remains outstanding after repeated reminders, VDH Grading may charge statutory interest, extrajudicial collection costs and reasonable administrative costs.

Article 13 — Declared value, card value and valuation

The customer is fully responsible for correctly stating the declared value of each card.
VDH Grading does not check the stated value as standard and is not responsible for a declared value that is too low or too high.
The declared value is not an appraisal, guarantee, sale value or binding valuation by VDH Grading.
The market value of TCG cards is variable, speculative and dependent on, among other things, condition, grade, demand, supply, hype, set, language, region and sales platform.
If a declared value is stated too low, this may have consequences for:
insurance cover;
compensation;
PSA service level;
PSA upcharges;
customs value;
acceptance of risk by carriers.
If the customer states a declared value that is too low, VDH Grading may limit its liability to a maximum of the stated or actually insured value.
VDH Grading does not provide any financial, tax, investment or valuation advice.

Article 14 — Insurance

Insurance applies only if it is expressly offered, chosen, confirmed and paid for by VDH Grading.
If no insurance has been chosen or confirmed, cards are processed and shipped at the customer’s risk, insofar as legally permitted.
The insured value is never higher than:
the value stated by the customer;
the insured value confirmed by VDH Grading;
the cover actually accepted by the insurer or carrier;
the amount paid out by the insurer or carrier.
VDH Grading is not obliged to compensate any amount higher than the amount paid out by the insurer or carrier, unless there is intent or deliberate recklessness on the part of VDH Grading.
The customer is responsible for providing supporting evidence in the event of damage or loss, including proof of purchase, evidence of market value, photos, order details and shipping receipts.
An insurer or carrier may refuse or limit a claim. VDH Grading is not liable for such a refusal if VDH Grading has acted reasonably.
Insurance may not cover all risks, such as:
a decrease in market value;
emotional value;
the expected PSA grade;
lost profit;
an increase in value after submission;
subjective collector value;
indirect damage.
If the customer submits high-value cards, the customer must contact VDH Grading in writing in advance to arrange appropriate insurance and transport.

Article 15 — Transport and shipping risk

Shipping from the customer to VDH Grading is at the customer’s risk.
Shipping from VDH Grading to PSA or another grading company takes place using the shipping method chosen by VDH Grading or agreed with the customer.
Return shipping from VDH Grading to the customer takes place using the chosen or agreed shipping method.
VDH Grading is not liable for errors by carriers, including:
loss;
theft;
damage;
delay;
incorrect delivery;
incorrect scan information;
customs delay;
strikes;
refusal of cover.
If VDH Grading has demonstrably been negligent in packaging or shipping, liability is limited as set out in Article 22.
The customer is responsible for entering the return address correctly.
If a parcel is returned due to an incorrect address, absence, refusal or non-collection, additional costs are at the customer’s expense.
VDH Grading may refuse to ship very valuable submissions uninsured or via standard post.
If the customer expressly chooses a cheaper, uninsured or less secure shipping method, this is at the customer’s risk.

Article 16 — Storage, safekeeping and uncollected cards

VDH Grading stores cards solely in the context of the services.
VDH Grading will exercise reasonable care in the storage and safekeeping of cards.
VDH Grading is not a professional custodian, vault service, insurer or storage company.
The customer must collect cards or slabs in good time, or have them returned, after VDH Grading has notified that they are ready.
If the customer does not respond or does not have cards returned, VDH Grading may charge storage costs after a reasonable period.
VDH Grading will remind the customer at least once in writing before charging storage costs.
If cards have not been collected, returned or paid for more than 12 months after the first ready notification, VDH Grading may take further reasonable measures, including storage at the customer’s expense or legal collection.
VDH Grading will not sell customers’ cards without a legal basis, prior written warning and observance of applicable law.

Article 17 — Customs, import, export and taxes

Because PSA may be established in the United States, or because international shipping may be necessary, customs formalities, import duties, VAT, levies or administrative costs may arise.
Customs, import, export and tax costs are at the customer’s expense, unless agreed otherwise in writing.
VDH Grading is not liable for delays, inspections, withholdings, value corrections or costs imposed by customs authorities.
The customer is responsible for providing correct information about the value, origin and contents of the submission.
If authorities require additional information, supporting documents or declarations, the customer must cooperate with this.
If the customer provides incorrect information and this gives rise to costs, fines, delays or claims, these are at the customer’s expense.

Article 18 — Right of withdrawal for consumers

If the customer is a consumer, the customer is in principle entitled, in the case of a distance agreement, to withdraw from the agreement within 14 days without giving reasons, insofar as this right is legally applicable.
For services, the withdrawal period commences on the day after the agreement is concluded.
The consumer can exercise the right of withdrawal by clearly informing VDH Grading within the period of the decision to withdraw from the agreement.
VDH Grading will make a model withdrawal form available where legally required.
If the consumer expressly requests or agrees that VDH Grading begins performance of the service during the withdrawal period, the consumer may, upon withdrawal, be obliged to pay a proportionate amount for the services already provided.
If the service has been fully performed within the withdrawal period with the prior express consent of the consumer, and the consumer has declared that they waive their right of withdrawal upon full performance, the right of withdrawal lapses for that service.
As soon as cards have actually been processed by VDH Grading, administratively prepared, bundled, shipped to PSA or another grading company, or as soon as external costs have irreversibly been incurred, cancellation can no longer take place free of charge.
The right of withdrawal does not extend to a decrease in value, grading results, PSA decisions or subjective dissatisfaction with the outcome.
If the customer has already shipped cards to VDH Grading and lawfully withdraws from the agreement before performance has begun, the costs and risks of return shipping are at the customer’s expense, unless mandatory law provides otherwise.
Business customers have no statutory right of withdrawal.

Article 19 — Cancellation by the customer

The customer may cancel an order as long as VDH Grading has not yet started processing and no external costs have yet been incurred.
If VDH Grading has already carried out work, VDH Grading may withhold reasonable costs.
If cards have already been forwarded to PSA or another grading company, cancellation is no longer possible, unless PSA or the grading company concerned permits it.
Any costs for return shipping are at the customer’s expense.
External costs, administrative costs, transaction costs and shipping costs already paid may be withheld if these have actually been incurred.

Article 20 — Cancellation or refusal by VDH Grading

VDH Grading may refuse, pause or cancel an order if:
payment is not made;
the customer provides incorrect details;
cards are suspicious;
there is misuse or fraud;
processing is unreasonably risky;
the customer communicates aggressively, threateningly or unreasonably;
laws or regulations require this;
external parties refuse processing.
If VDH Grading cancels without the customer being in default, VDH Grading will refund amounts already paid insofar as no work or costs are set against them.
If cancellation is the result of an act or omission by the customer, VDH Grading may withhold costs incurred.

Article 21 — Complaints procedure

Complaints must be reported as soon as possible, fully and clearly described, via [e-mailadres invullen].
The customer must report complaints about received return shipments within 48 hours of receipt, accompanied by photos of:
the outer packaging;
the inner packaging;
the shipping label;
the damage;
the contents;
the slab or card.
If a complaint is reported too late, this may have consequences for the evidentiary position, insurance and claims handling.
VDH Grading will respond to complaints within a reasonable period.
A complaint does not suspend the customer’s payment obligation, unless VDH Grading confirms otherwise in writing.
For complaints about PSA results, grading decisions or slabs, VDH Grading is dependent on the procedures and conditions of PSA.

Article 22 — Liability

VDH Grading is liable solely for direct damage that is the direct result of an attributable failure by VDH Grading.
VDH Grading is not liable for indirect damage, including but not limited to:
consequential damage;
lost profit;
missed sales opportunities;
a decrease in value;
reputational damage;
emotional damage;
loss of collector value;
loss of expected PSA 10 value;
market fluctuations;
delay;
business losses;
costs of replacement services.
VDH Grading is not liable for damage caused by:
PSA or other grading companies;
carriers;
customs;
insurers;
payment providers;
incorrect information from the customer;
insufficient packaging by the customer;
an incorrect declared value;
force majeure.
If VDH Grading is liable, liability is limited to the lowest of the following amounts:
the amount paid out under VDH Grading’s liability insurance;
the amount paid out by the carrier or insurer;
the declared value stated by the customer;
the insured value actually confirmed;
the amount the customer paid to VDH Grading for the services concerned.
For business customers, liability is in any event limited to the invoice amount of the order concerned, unless there is intent or deliberate recklessness on the part of VDH Grading.
For consumers, this limitation of liability applies only insofar as permitted under mandatory consumer law.
Nothing in these terms and conditions limits liability for damage that may not legally be excluded or limited.
The customer must report damage as soon as possible and take all reasonable measures to limit further damage.

Article 23 — Force majeure

VDH Grading is not obliged to fulfil obligations if it is prevented from doing so by force majeure.
Force majeure includes, among other things:
delays at PSA or other grading companies;
transport problems;
strikes;
customs problems;
fire;
theft;
water damage;
power outages;
internet outages;
cyberattacks;
pandemics;
war;
government measures;
natural disasters;
failures by external suppliers;
payment outages;
unforeseen business disruptions.
During force majeure, the obligations of VDH Grading are suspended.
If force majeure lasts longer than 90 days, both parties may terminate the agreement for the part not yet performed, without any right to compensation.

Article 24 — Authenticity, counterfeit and suspicious cards

The customer is responsible for the authenticity and lawful origin of submitted cards.
VDH Grading may refuse cards or set them aside if it suspects that cards are counterfeit, altered, stolen or unlawful.
If PSA or another grading company assesses a card as counterfeit, questionable authenticity, altered, trimmed or comparable, VDH Grading is not liable for this.
Costs for processing, shipping, return shipping and external assessment remain payable, even if a card is not graded due to authenticity issues.
If VDH Grading reasonably suspects that criminal offences are involved, VDH Grading may take appropriate measures, including reporting to the competent authorities.

Article 25 — Slabs, damage and quality control

VDH Grading checks slabs received back visually and administratively insofar as reasonably possible.
Minor imperfections to slabs, such as light scratches, dust particles, seal variations or production tolerances, may occur and lie outside the control of VDH Grading.
If a slab arrives severely damaged, VDH Grading will, where possible, report this and review with the customer what follow-up steps are possible.
Reholdering, reholder, review or resubmission at PSA is only possible if PSA permits this and against the applicable costs.
VDH Grading is not liable for production defects or quality decisions by PSA.

Article 26 — Communication and status updates

Communication takes place via email, website, customer account, WhatsApp or other communication channels used by VDH Grading.
Status updates are indicative and depend on information from external parties.
The customer is responsible for keeping contact details up to date.
If the customer does not respond to requests for information, payment or instructions, VDH Grading may pause the order.
VDH Grading is not liable for delay caused by missing or incorrect communication details of the customer.

Article 27 — Fraud, chargebacks and misuse

In the event of suspected fraud, misuse, payment fraud, stolen means of payment or unjustified chargebacks, VDH Grading may suspend the order.
If a payment is reversed while VDH Grading has incurred costs or is holding cards, the customer remains liable for the full amount.
VDH Grading may retain cards for as long as outstanding amounts, chargebacks or disputes exist.
Costs arising from chargebacks, collection, legal assistance or administrative handling may be passed on to the customer insofar as legally permitted.

Article 28 — Right of ownership

The cards remain the property of the customer, unless agreed otherwise in writing.
VDH Grading does not acquire ownership of the cards through receipt, processing or submission.
VDH Grading may retain cards for as long as the customer has outstanding payment obligations.
The customer may not transfer an ongoing submission to a third party without the written consent of VDH Grading.

Article 29 — Privacy and personal data

VDH Grading processes personal data in accordance with the General Data Protection Regulation.
VDH Grading processes, among other things, name, address, email address, telephone number, order details, payment details and communication data.
Personal data is used for the performance of the agreement, administration, communication, shipping, customer service, legal obligations and fraud prevention.
VDH Grading may share personal data with parties insofar as necessary for the performance of the services, such as carriers, payment providers, accounting service providers and grading companies.
Further information is set out in the privacy statement of VDH Grading.

Article 30 — Intellectual property

All texts, photos, logos, designs, trade names, forms, systems, documents and content of VDH Grading remain the property of VDH Grading or its licensors.
The customer may not copy, distribute, modify or commercially use content of VDH Grading without written consent.
VDH Grading may use general, anonymised information about submissions for statistics, marketing or reporting, provided that customers are not identifiable.
VDH Grading may use photos of cards or slabs for administrative purposes. Use for marketing takes place only if this is reasonable, is done anonymously or the customer has given consent.

Article 31 — Reviews, communication and conduct

Customers may post honest reviews.
VDH Grading may take action against unlawful statements, threats, defamation, libel, blackmail, misleading accusations or the publication of confidential data.
Aggressive, intimidating or threatening behaviour may lead to refusal of further services.
VDH Grading may retain communications as evidence in disputes.

Article 32 — Business customers

If the customer acts as a business customer, consumer protection provisions do not apply.
Business customers have no statutory right of withdrawal.
For business customers, complaints about visible defects must be reported within 48 hours of receipt.
For business customers, the liability of VDH Grading is limited to the invoice amount of the order concerned, unless there is intent or deliberate recklessness.
Business customers indemnify VDH Grading against claims by third parties relating to their submissions.

Article 33 — Indemnification

The customer indemnifies VDH Grading against claims by third parties arising from:
incorrect data from the customer;
unlawful origin of cards;
counterfeit cards;
infringement of third-party rights;
customs problems;
tax claims;
an incorrect declared value;
fraud or misuse;
acting in conflict with these terms and conditions.
The customer reimburses reasonable costs incurred by VDH Grading in connection with such claims.

Article 34 — Applicable law

Dutch law applies to all agreements, orders and legal relationships between VDH Grading and the customer.
If the customer is a consumer, they retain the protection of the mandatory law of the country in which the consumer resides, insofar as this is legally applicable.

Article 35 — Disputes

The parties will first try to resolve disputes by mutual consultation.
If consultation does not lead to a solution, the dispute will be submitted to the competent court in the Netherlands.
For business customers, the District Court of North Holland (Noord-Holland) has jurisdiction, unless mandatory law provides otherwise.
For consumers, the court with statutory jurisdiction applies.