Terms of service

for the Grading Service of Gruber Ecom GmbH

1. Scope

These General Terms and Conditions (GTC) apply to all contracts between

Gruber Ecom GmbH
Dinstlstraße 1b
3500 Krems an der Donau
Austria

(hereinafter referred to as the “Provider”)

and its customers regarding the use of the grading service (submission and mediation of collectible cards for grading).

2. Description of Services

(1) The Provider offers an intermediary service for the grading of collectible cards by external grading companies (e.g. PSA, CGC, Beckett).

(2) In particular, the Provider is responsible for:

  • accepting the cards

  • organizational processing

  • shipping to the grading company

  • return processing to the customer

(3) The Provider does not perform any grading of the cards itself.

3. Conclusion of Contract

(1) The contract is concluded once the customer:

  • fully completes the grading form, and

  • submits or hands over the cards,

and the Provider confirms acceptance.

(2) The Provider reserves the right to reject submissions without stating reasons.

4. Customer Obligations

(1) The customer is obligated to:

  • provide accurate and complete information

  • in particular, state a realistic card value (“declared value”) in the form

(2) The declared value serves as:

  • the basis for insurance coverage

  • the basis for limitation of liability

(3) The Provider does not verify the accuracy or plausibility of the declared value.

(4) The customer confirms that:

  • they are the lawful owner of the submitted cards

  • no third-party rights prevent submission

5. Insurance & Card Value

(1) Transport insurance will be arranged for shipping the cards to the grading company.

(2) Insurance coverage is based exclusively on the card value declared by the customer in the form (“declared value”).

(3) The insurance premium amounts to 2% of the declared card value and must be paid by the customer.

(4) The maximum insurance compensation is limited in all cases to the declared card value.

(5) The Provider does not guarantee that the insurance company will provide compensation in the event of a claim.

(6) Return shipping from the grading company is carried out by the grading company itself and is subject to its own terms and insurance conditions.

6. Liability and Risk

6.1 General Liability Principle

The Provider shall only be liable for damages caused intentionally or through gross negligence, to the extent permitted by law.

6.2 Limitation of Liability

(1) The Provider’s liability is limited in amount to the card value declared by the customer.

(2) Liability for any value exceeding the declared value is excluded.

(3) In particular, there is no liability for:

  • increases in value after grading

  • collector’s or sentimental value

6.3 Customer’s Obligation to Provide Evidence

(1) In the event of damage or loss, the customer alone is responsible for proving the declared card value.

(2) Suitable proof may include in particular:

  • purchase receipts or invoices

  • proof of sale (e.g. eBay sales)

  • market prices of comparable cards

(3) If the customer cannot provide sufficient proof, no claim for compensation shall exist.

6.4 Risk of Incorrect Value Declarations

(1) If the customer declares an excessively high or unverifiable card value, the customer bears the risk that:

  • the insurance may refuse or partially refuse compensation

  • no compensation may be paid

(2) In such cases, the Provider shall bear no liability.

6.5 Underinsurance

(1) If the customer declares a card value that is too low, compensation shall be based solely on this lower value.

(2) The risk of underinsurance is borne exclusively by the customer.

6.6 Force Majeure and External Influences

The Provider shall not be liable for damages or losses outside its sphere of influence, in particular:

  • loss or damage caused by shipping carriers

  • loss due to customs or authorities

  • seizure or delays by governmental authorities

  • force majeure (natural disasters, strikes, war, etc.)

6.7 Limitations of Insurance Coverage

(1) If the insurance company refuses compensation in the event of a claim, in particular due to:

  • missing or insufficient proof of value

  • incorrect information provided by the customer

  • violations of insurance conditions

there shall be no further liability on the part of the Provider.

6.8 Third-Party Providers (Grading Companies)

(1) The Provider shall not be liable for services or actions of external grading companies (e.g. PSA, CGC, Beckett).

(2) This applies in particular to:

  • loss or damage at the grading company

  • grading errors

  • delays

7. Prices and Payment

(1) The prices stated on the website at the time of the order shall apply.

(2) The prices include:

  • service processing

  • shipping to the grading company

  • basic insurance in accordance with Section 5

(3) Additional services (e.g. higher insurance coverage) will be charged separately.

8. Withdrawal / Cancellation

(1) Cancellation is only possible as long as the cards have not yet been shipped to the grading company.

(2) Services already rendered may be charged.

9. Right of Withdrawal (Consumers)

(1) Consumers generally have a right of withdrawal in accordance with the Austrian Distance and Off-Premises Contracts Act (FAGG).

(2) The customer expressly agrees that the service may begin before the withdrawal period expires.

(3) As a result, the customer loses the right of withdrawal once the service has been fully performed.

10. Ownership & Transfer of Risk

(1) The cards remain the property of the customer.

(2) The risk transfers:

  • in the case of personal handover: upon handover to the Provider

  • in the case of shipment by the customer: upon receipt by the Provider

  • in the case of shipment by the Provider: according to the applicable transport conditions

11. Data Protection

The privacy policy published on the website shall apply.

12. Jurisdiction and Applicable Law

(1) Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of jurisdiction shall be the competent court in Krems an der Donau.

(3) Statutory jurisdiction rules for consumers remain unaffected.

13. Final Provisions

(1) Should individual provisions of these GTC be invalid, the remainder of the contract shall remain unaffected.

(2) The currently valid version of these GTC shall apply.