§1 Validity of the terms
The services and offers of AP Grading are provided exclusively on the basis of our terms and conditions set out below. The services and goods of AP Grading include, among other things, the condition assessment (“Grading”) of items and objects, which are also performed exclusively in accordance with the terms and conditions stated herein. The version valid at the time of the conclusion of the contract is decisive in each case. Consumers in the sense of these terms and conditions are natural persons with whom business relations are entered into without a commercial or independent professional activity being attributable to them. Entrepreneurs in the sense of these terms and conditions are natural or legal persons or partnerships with legal capacity with whom business relations are entered into and who act in the exercise of their commercial or independent professional activity. Customers in the sense of these terms and conditions are both consumers and entrepreneurs. Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, unless their validity is expressly agreed in writing by us.
§2 Offer and conclusion of contract
Our offers are subject to change and non-binding. Our presentations 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 to or order from AP Grading. This also expressly includes the sending of items by the customer for the purpose of a grading by AP Grading. AP Grading reserves the right to accept offers submitted to AP Grading. Drawings, illustrations, dimensions, weights and other performances are only descriptive and in particular do not represent any assurance of properties. We reserve the right to make technical as well as other changes in form, color, weight, etc. within the scope of what is reasonable. We will confirm receipt of offers, orders and items by the customer without delay. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt shall only constitute a declaration of acceptance if we expressly state this. The acceptance of an order by telephone shall also not constitute a binding acceptance on our part. We are entitled to accept the contractual offer contained in the order within two weeks. In the case of services and goods ordered electronically, we shall be entitled to accept the order within seven working days of receipt by us. The acceptance of the contract offer shall be made in written, digital or telex form. In case of immediate delivery, the acceptance of the contract is implied; the written form is replaced by the enclosed invoice. We are entitled to refuse acceptance of the order. Our sales staff are not authorized to make verbal subsidiary agreements.
The prices offered are binding. In the case of special offers, the offered price is valid for the special promotion limited. The price includes the statutory sales tax.
§4 Delivery and performance time
Dates and delivery periods are non-binding, unless otherwise expressly agreed in writing. The statements of specific delivery periods and delivery dates by us are subject to correct and timely delivery by suppliers and manufacturers. This only applies in the event that AP Grading is not responsible for the non-delivery. In case of non-availability or only partial availability of the goods, the customer will be informed immediately.
§5 Default of acceptance
The statutory provisions shall apply. In the event of a delay in acceptance by the customer, we are entitled, after the expiry of a grace period (7 calendar days), to demand either a flat rate of 25% of the agreed purchase price or compensation from the customer for the actual damage incurred. The customer is entitled to prove that a lesser damage or no damage has been incurred.
§6 Transfer 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 shall also pass to the consumer in the case of a mail order purchase upon handover of the goods and services to the carrier to be specified by the consumer (such as postal service, parcel services, railroad, other logistics providers, freight carriers or similar). AP Grading recommends in principle the conclusion of transport insurances according to the value of the goods. In the case of entrepreneurs, the risk of accidental loss and accidental deterioration of the goods shall pass to the entrepreneur upon handover, in the case of sale by delivery to a place other than the place of performance, upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise appointed to carry out the shipment. The handover is the same if the customer is in default of acceptance.
AP Grading guarantees the proper execution of orders and orders. For consumers, a warranty period of 24 months applies to goods and services. For entrepreneurs, the warranty period is 6 months. Gradings are all performed independently. It is ensured that each grading is rechecked by at least three employees.
Invoices are payable by bank transfer, credit card payment, Paypal, cash in advance, cash on delivery, or upon collection, unless otherwise agreed. Delivery is always carriage forward, i.e. at the expense of the customer, unless otherwise expressly agreed. The goods will be insured against damage in transit, if this is desired by the customer and remunerated. A payment shall only be deemed to have been made when we can dispose of the amount.
§9 Limitation of liability
Claims for damages against AP Grading because of injury of legal or contractual obligations or for other reasons are excluded, unless the damage is based on roughly negligent or deliberate behavior on the part of AP Grading. The liability for possible consequential damages is excluded in any case. In the case of slightly negligent breaches of duty, our liability and that of our vicarious agents will be limited to the foreseeable, contract-typical, direct average damage. In the case of slightly negligent breaches of obligations that are not essential to the contract, the breach of which does not jeopardize the performance of the contract, we as well as our vicarious agents shall not be liable.
§10 Data protection and right of objection
The data necessary for the transaction will be stored by us and used in the context of order processing.
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract.
To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
§ 12 Disputes in connection with an online purchase contract
In case of disputes in connection with an online purchase contract or an online service contract, the customer and AP Grading have the possibility to use an online dispute resolution of the EU Commission, reachable at: http://ec.europa.eu/consumers/odr
§13 Right of use
The customer agrees that the objects graded by AP Grading may be depicted on AP Grading’s website or other information media for the purpose of presenting AP Grading’s service.
§14 Final provision
The law of the Federal Republic of Germany shall apply. In the case of consumers who do not conclude their contract for professional or commercial purposes, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The provisions of the UN Sales Convention shall 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 shall be our place of business. The same shall apply if the customer does not have a general place of jurisdiction in Germany or if the customer’s place of residence or habitual abode is unknown at the time the action is brought. 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 invalid provision shall be replaced by a provision whose economic success comes as close as possible to that of the invalid provision.