Terms and Conditions

Please read all these terms and conditions. As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.

Application

1. These Terms and Conditions will apply to the purchase of the goods and or services by you (the Customer or you). We are Tree Frog Grading Limited a company registered in England and Wales under number 13376829 whose registered office is at 7 chapel lane, Wiltshire, sn153ex with email address info@treefroggrading.com; (the Supplier or us or we).

 

2. These are the terms on which we sell all Goods and or services to you. By ordering any of the Goods and or services, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Goods and or services from the Website if you are eligible to enter into a contract and are at least 18 years old.

 

       1. Good and Services

       2. Personal Information

       3. Photography

       4. Basis of Sale

       5. Submissions

       6. Rejection of Cards

       7. Insurance

       8. Price and Payment

       9. Delivery

       10. Risk and Title

       11. Withdrawal, returns and cancellation

       12. Conformity and guarantee

       13. Successors and our sub-contractors

       14. Circumstances beyond the control of either party

       15. Privacy 16. Excluding liability

       17. Governing Law, jurisdiction and complaints

Interpretation

3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

 

4. Contract means the legally-binding agreement between you and us for the supply of the Goods;

 

5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;

 

6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

 

7. Goods and or Services means the goods or services advertised on the Website that we supply to you of the number and description as set out in the Order;

 

8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

 

9. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

 

10. Website means our website www.treefroggrading.com on which the Goods are advertised.

 

11. Grading means our Grading Service advertised on our website.

 

12. Submission means cards that are to be sent to Tree Frog Grading for advertised services.

1. Goods and Services

11. The description of the Goods and Services is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

 

12. In the case of any Goods and or services are made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

 

13. All Goods and or services which appear on the Website are subject to availability.

 

14. We can make changes to the Goods and or services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes

2. Personal information

15. We retain and use all information strictly under the Privacy Policy. Please visit our homepage footer to view our Privacy Policy

 

16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

3. Photography

17. By acceptance of these terms and conditions, you agree that Tree Frog Grading Limited, its website and any other social media channels, such as Facebook and Instagram can photograph any of your submitted cards and post these on behalf of the business. Tree Frog Grading Limited will ensure that your personal details are protected in compliance with our privacy policy. If you would like to exclude photography of your submitted cards, please email info@treefroggrading.com within 24hours of submitting your cards.

 

18. Photography is under the ownership of Tree Frog Grading Limited, and rights to use photography must be obtained by contacting info@treefroggrading.com

4. Basis of Sale

19. The description of the Goods and Services on our website does not constitute a contractual offer to sell the Goods and or services. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

 

20. A Contract will be formed for the sale of services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.

 

21. Any quotation is valid for a maximum period of 1 days from its date, unless we expressly withdraw it at an earlier time.

 

22. No variation of the Contract, whether about description of the Goods and or services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

 

23. We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.

5. Submissions

24. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

 

25. The order process set outs how Cards should be sent to us. Submissions must be sent to our PO Box –

    Tree Frog Grading

    PO Box 4320

    CHIPPENHAM

    SN15 9NH

With sufficient protection. Any protection used to send in card submissions will be removed and discarded by Tree Frog Grading.

 

26. Tree Frog Grading Limited will not be liable for submission errors on behalf of the customer. As part of the manifest procedure, Customers are to ensure that submissions are correctly spelt and details input in the correct format.

 

27. Our manifest excel spreadsheet shows and example of how to input submissions data Once completed, the manifest form must be sent to info@treefroggrading.com with the order reference number in the subject field.

 

28. Graded cards will be returned to the customer using a tracked and signed delivery method. These will ensure the safety of the submissions. Cards that have been tracked to the customers address are classed as delivered and Tree Frog Grading Limited will no longer bear liability to delivered cards. Signatures must be eligible and correlate with the customer’s name.

6. Rejection of Cards

29. In rare circumstances, we may receive submissions that are deemed fake or unauthenticated. Under this circumstance, cards will be returned to sender without grading or reason, at the cost of the customer. We will make every effort, where possible, to communicate an unauthenticated card with the customer, before returning.

 

30. In the instance that a card is deemed fake or unauthenticated, the service turnaround times are invalidated.

 

31. Cards that do not correlate with input data on the website manifest form, may also be subject to rejection. We will make every effort where possible to notify you of a submission error, advise of the correct details so that grading can take place. If there is no resolution or contact with the customer is not possible, the submissions will be returned at the customer cost.

7 . Insurance

32. As part of our service we offer bespoke insurance to our customers. Whilst in our possession your cards are insured for their graded market value. This means that any miss correlation between the awarded card grade and the state of the card, caused by miss handling or at fault of TFG upon leaving the TFG premises, will be subject insurance discussions. Insurance will only cover the market value of the ungraded card, and their value determined by the seller.

 

33. Cards with disputed grades, will not be subject to clause 31.

 

34. Tree Frog Grading also insures cards on their return to the customer, with insurances varying with the level of postage service selected by the customer. For more information on our insurances, please contact our customer services team on info@treefroggrading.com

8. Price and Payment

23. The price of the Goods and Services and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

 

24. Prices and charges include VAT at the rate applicable at the time of the Order.

 

25. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods or services.

9. Delivery

26. We aim to deliver you submissions within the state turnaround times. However, delivery is possible outside of these timings due to a number of factors.

 

27. Tracking information will be provided and sent to the customer

 

28. Late deliveries are not libability of Tree Frog Grading limited.

 

29. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

10. Risk and Title

30. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

 

31. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

11. Withdrawal, returns and cancellation

32. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

 

40. Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason. If grading has taken place, full payment will be taken and cancellation unavalible.

 

41. The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (ie subscriptions), the right to cancel will be 14 days after the first delivery.

 

42. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (eg a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.

 

44. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

Effects of cancellation in the cancellation period

45. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

 

Deduction for Goods supplied

46. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (ie handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: eg it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a

12. Conformity and Guarantee

47. We have a legal duty to supply the Goods and services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

 

53. Upon delivery, the Goods will:

    a. be of satisfactory quality;

    b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

    c. conform to their description.

 

54. It is not a failure to conform if the failure has its origin in your materials.

 

55. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Goods. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Goods. This guarantee will take effect at the time the Goods are delivered, and will not reduce your legal rights.

13. Successors and our sub-contractors

56. Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

14. Circumstances beyond the control of either party

57. In the event of any failure by a party because of something beyond its reasonable control:

    a. the party will advise the other party as soon as reasonably practicable; and

    b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.

15. Privacy

58. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

59. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (see website footer) and cookies policy (see website footer).

 

60. For the purposes of these Terms and Conditions:

    a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR. 

   b. 'GDPR' means the UK General Data Protection Regulation.

    c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

 

61. We are a Data Controller of the Personal Data we Process in providing Goods to you.

 

62. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

    a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

    b. we will only Process Personal Data for the purposes identified;

    c. we will respect your rights in relation to your Personal Data; and

    d. we will implement technical and organisational measures to ensure your Personal Data is secure.

 

63. For any enquiries or complaints regarding data privacy, you can e-mail: info@treefroggrading.com.

16. Excluding liability

64. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

17. Governing law, jurisdiction and complaints

65. The Contract (including any non-contractual matters) is governed by the law of England and Wales.

 

66. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

 

67. We try to avoid any dispute, so we deal with complaints in the following way: If an issue arises with your service, or graded card, customers should contact us immediately and we will aim to find a solution within 5 business days.

Attribution

Model cancellation Form

To Tree Frog Grading Limited 7 chapel lane Wiltshire sn153ex

Email address: info@treefroggrading.com I/We[*] hereby give notice that

 

I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received) Name of consumer(s): Address of consumer(s):

______________________

Signature of consumer(s) (only if this form is notified on paper)

______________________

Date [*] Delete as appropriate.