Terms and Conditions

Please read all these terms and conditions carefully. By placing an order, you will be entering into a legally binding agreement, so you must ensure that you understand and accept all the terms before proceeding.

Application

1. These Terms and Conditions will apply to the purchase of 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 47 Alinora Crescent, Goring-by-Sea, Worthing, West Sussex, BN12 4HZ, with email address [email protected] (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 our goods and/or services, you agree to be bound by these Terms and Conditions. You can only purchase goods and/or services from the Website if you are eligible to enter into a contract and are at least 18 years old.

Goods and Services
Personal Information
Photography
Basis of Sale
Submissions
Rejection of Cards
Insurance
Prices and Payment
Delivery
Risk and Title
Withdrawal, Returns and Cancellation
Conformity and Guarantee
Successors and Our Sub-contractors
Circumstances Beyond the Control of Either Party
Privacy
Excluding Liability
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 and/or services;
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 and/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 and/or services 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 treefroggrading.com, and/or tfg.cards on which the goods and/or services 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 our advertised services.

1. Goods and Services

This section is covered under the interpretation and application sections above.

2. Personal Information

15. We retain and use all information strictly under our Privacy Policy. You can view our Privacy Policy in the footer of our homepage or at [privacy policy link].

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

17. You may opt out of marketing communications at any time by following the unsubscribe instructions in our emails or by contacting us directly. Please note that you cannot opt out of essential service communications related to your orders.

3. Photography

18. By acceptance of these terms and conditions, you agree that Tree Frog Grading Limited, through its website and other social media channels, such as Facebook and Instagram, can photograph any of your submitted cards and post these for business purposes. 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 [email protected] before or within 24-hours of submitting your cards.

19. Photography is the property of Tree Frog Grading Limited, and rights to use our photography must be obtained by contacting [email protected].

4. Basis of Sale

20. 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.

21. A Contract will be formed for the sale of goods and 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 (i.e., 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.

22. Any quotation is valid for a maximum period of 30 days from its date, unless we expressly withdraw it at an earlier time and unless stated differently on the quotation.

23. 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.

24. 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, e.g., by giving you rights as a business.

5. Submissions

25. 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.

26. The order process sets out how cards should be sent to us. Submissions must be sent to our PO Box:

Tree Frog Grading Ltd.
PO Box 159
Arundel BN18 8EA

Cards must be sent with sufficient protection. Any protection used to send card submissions will be removed and discarded by Tree Frog Grading.

27. Tree Frog Grading Limited will not be liable for submission errors made by the customer. As part of the manifest procedure, customers must ensure that submissions are correctly spelled and details are input in the correct format.

28. Our manifest Excel spreadsheet shows an example of how to input submission data. Once completed, the manifest form must be sent to [email protected] with the order reference number in the subject field.

29. Graded cards will be returned to the customer using a tracked and signed delivery method. This will ensure the safety of the submissions. Cards that have been tracked to the customer's address are classified as delivered, and Tree Frog Grading Limited will no longer bear liability for delivered cards. Signatures must be legible and correlate with the customer's name.

6. Rejection of Cards

30. In rare circumstances, we may receive submissions that are deemed fake or inauthentic. In these circumstances, cards will be returned to the sender without grading and without providing detailed reasons, at the cost of the customer. We will make every effort, where possible, to communicate that a card has been deemed inauthentic with the customer before returning it.

31. When a card is deemed fake or inauthentic, our standard service turnaround times do not apply.

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

7. Insurance

33. As part of our service, we offer bespoke insurance to our customers. While cards are in our possession, they are insured for their graded market value. Any damage or mishandling caused by TFG that results in a lower grade than warranted will be subject to insurance coverage discussions. Insurance will cover the market value of the card in its pre-submission condition, as determined by current market rates.

34. Cards with grades that are subsequently disputed by the customer will not be subject to the insurance coverage described in clause 33.

35. TFG also provides insurance coverage for cards during return shipping to customers, with coverage levels varying based on the postage service selected. For more information about our insurance policies, please contact our customer services team at [email protected].

8. Price and Payment

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

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

38. You must pay by submitting your credit or debit card details with your Order. We will take payment either immediately upon order confirmation or before delivery of the Goods and Services.

9. Delivery

39. We aim to deliver your submissions within the stated turnaround times. However, delivery may occur outside of these timings due to various factors beyond our control.

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

41. Tree Frog Grading Limited is not liable for late deliveries, except where caused by our negligence or breach of contract.

42. The Goods will become your responsibility upon completion of delivery or customer collection. You should, where reasonably practicable, examine the Goods before accepting them.

10. Risk and Title

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

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

11. Withdrawal, Returns and Cancellation

45. You can withdraw your Order by notifying us before the Contract is formed, without giving a reason and without incurring any liability.

46. Subject to 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 due and cancellation is unavailable.

47. The cancellation period expires 14 days from the day you place your order for our grading services.

48. To exercise your right to cancel, you must inform us of your decision by sending a clear statement (for example, a letter or email). You may use our cancellation form if preferred, but this is not required. You must be able to provide clear evidence of when the cancellation was made.

49. To meet the cancellation deadline, you must send your cancellation notice before the 14-day period expires.

Effects of Cancellation

50. If you cancel this Contract before grading commences, we will refund all payments received from you, including any delivery costs paid for return of your ungraded cards.

51. If you cancel this Contract within the cancellation period, we will reimburse you for all payments received, including standard delivery costs. We will not refund additional charges if you selected premium delivery services.

Card Condition Upon Return

52. Upon return of your graded cards, you should examine them promptly to ensure they match your submission and that the grading holders are undamaged. Any discrepancies must be reported to us within 7 days of delivery. We will process refunds using the same payment method used for the initial transaction, and you will not incur any fees as a result of the refund process.

12. Service Standards and Performance

53. We have a legal duty to supply the Services in conformity with the Contract and will not conform if we fail to meet the following obligations.

54. Upon completion of our grading services: a. the service will be performed to satisfactory professional standards; b. the service will be reasonably fit for the purpose of card authentication and grading; c. the service will conform to our published grading standards and descriptions.

55. We are not responsible for any defects, damage, or authenticity issues that existed in the cards prior to submission.

56. We guarantee the accuracy of our grading assessments according to our published standards. Full details of our grading guarantee are available on our website. This guarantee does not reduce your statutory consumer rights.

13. Assignment and Sub-contractors

57. We may assign or transfer our rights and obligations under this Contract to another company, provided we give you reasonable notice. You may not assign or transfer your rights under this Contract without our written consent. We will remain liable for the performance of our obligations under this Contract and will be fully liable for the acts and omissions of any sub-contractors we engage to help perform our services.

14. Circumstances Beyond the Control of Either Party

58. In the event of any failure by a party due to circumstances beyond its reasonable control: a. the affected party will notify the other party as soon as reasonably practicable; and b. the affected party's obligations will be suspended to the extent reasonable in the circumstances, provided that party acts reasonably to mitigate the situation. The affected party will not be liable for any failure it could not reasonably avoid. This clause does not affect the Customer's rights relating to delivery timeframes or cancellation rights as set out elsewhere in these Terms.

15. Privacy

59. Your privacy is critical to us. We respect your privacy and comply with applicable data protection legislation, including the UK GDPR, regarding your personal information.

60. These Terms and Conditions should be read alongside our privacy policy, available in the website footer.

61. 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 UK GDPR; b. 'UK GDPR' means the retained EU law version of the General Data Protection Regulation as it forms part of UK law; c. 'Data Controller', 'Personal Data' and 'Processing' have the same meanings as defined in the UK GDPR.

62. We are a Data Controller of the Personal Data we process in providing Services to you.

63. Where you supply Personal Data to us so we can provide Services to you, we will comply with our obligations under Data Protection Laws by: a. identifying the purposes for collecting information before or at the time of collection; b. only processing Personal Data for the identified purposes; c. respecting your rights in relation to your Personal Data, including rights of access, rectification, erasure, and portability; and d. implementing appropriate technical and organisational measures to ensure your Personal Data is secure.

64. For enquiries or complaints regarding data privacy, please email: [email protected].

16. Limitation of Liability

65. We do not exclude liability for death or personal injury caused by our negligence, fraudulent misrepresentation, or any other liability that cannot legally be excluded. Subject to this, our total liability to you under this contract will not exceed the total amount you have paid us for our services, and we will not be liable for any indirect losses, loss of profits, or losses that were not reasonably foreseeable when the contract was made.

17. Governing Law, Jurisdiction and Complaints

66. This Contract (including any non-contractual matters) is governed by the laws of England and Wales.

67. Any disputes arising from this Contract may be submitted to the courts of England and Wales, or where you live in Scotland or Northern Ireland, to the courts of Scotland or Northern Ireland respectively.

68. Complaint Resolution: If you have any concerns about our services or the condition of your returned cards, please contact us immediately at [email protected] with full details. We will aim to provide a resolution within 5 business days. If you remain unsatisfied, you may have rights to pursue the matter through alternative dispute resolution or the courts as set out above.