Terms of service

TERMS OF SERVICE

1 Scope and Provider

The General Terms and Conditions (hereinafter „AGB" referred to) regulate the contractual relationship between Pixel Grading GmbH (hereinafter referred to as "Pixel") and you as a consumer or entrepreneur, hereinafter also referred to as customer.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB).

Entrepreneurs within the meaning of these terms and conditions are natural or legal persons or partnerships with legal capacity, with whom business relationships are entered into and who act in the exercise of their commercial or independent professional activity.

Customers within the meaning of these terms and conditions are both consumers and entrepreneurs.

2 formation of the contract

(1) The customer must be over 18. have completed their year of life.

(2) Access to the use of the offer at Pixel requires the purchase of the products/services stored in the online shop.

(3) By registering, the customer accepts these General Terms and Conditions and a contractual relationship arises between Pixel Grading GmbH and the registered customer, which is based on the provisions of these General Terms and Conditions.

(4) The presentation of the service and the products on the website does not constitute a legally effective offer. The presentation of the service and the products merely prompts the customer to make an offer.

(5) By ordering a paid service, the registered customer enters into another contractual relationship with Pixel that is separate from the registration. Before concluding this contractual relationship, the user will be informed about the respective fee-based service and the terms of payment. The contractual relationship arises after the confirmation of the offer.

(6) You agree that you will receive invoices electronically. Electronic invoices are made available to you by email or in the customer account on the website. We will inform you for each service whether electronic billing is available. For more information about e-invoices, visit our website.

3 Description of the scope of services

Pixel's scope of services consists of the following services:

• Handling of the grading process consisting of authentication, condition assessment and sealing of collector's items
• Preparation of assessments and in-house certificates
• Cleaning and creating professional photos/videos of collectibles
• Distribution of protective housing for collectibles

4 Prices, shipping costs, terms of payment

(1) The stated prices include the statutory sales tax and other price components. There are also costs for packaging and shipping. Delivery is always at the customer's expense. If expressly requested by the customer, a higher freight insurance can be taken out.

(2) Special offer prices are limited for the duration of the promotion.

(3) The customer has the option of paying in advance or PayPal. Payment is deemed to have been made from the point at which we can dispose of the amount. If the customer has chosen payment in advance or Paypal, he undertakes to pay the purchase price immediately after the conclusion of the contract. Pixel reserves the right to send the goods to the customer only after receipt of the full invoice amount.

(4) Any accrued fee is to be paid to Pixel in advance, at the time it is due, without deduction.

(5) Certain payment methods can be excluded by Pixel in individual cases.

(6) The customer is not permitted to pay for the service by sending cash or checks.

(7) If the customer chooses an online payment method, the customer authorizes the provider to collect the amounts due at the time of the order.

(8) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider's account within five calendar days of receipt of the order.

(9) If the provider offers payment by credit card and the customer chooses this payment method, the customer expressly authorizes the provider to collect the amounts due.

5 Late Payment

If the customer is in default of payment, Pixel is entitled to charge default interest of 5 percent (for consumers) and 9 percent (for entrepreneurs) above the base interest rate p.a. announced by the Deutsche Bundesbank for the time of the order. a. to promote. If we can prove that we have incurred higher damage caused by delay, we are entitled to assert this.

6 Delivery and Passing of Risk 

(1) Delivery is made to the delivery address specified by the customer.

(2) If force majeure makes delivery or any other service permanently impossible, our obligation to perform is excluded. Amounts already paid will be refunded by us immediately.

(3) Pixel can also refuse performance if this requires an effort that is grossly disproportionate to the customer's interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the requirements of good faith. Amounts already paid will be refunded immediately by Pixel.

(4) In transactions with entrepreneurs, the risk of accidental loss and accidental deterioration of the services provided by Pixel or the goods sold passes to the entrepreneur when they are handed over to the transport service provider (forwarder, freight forwarder or another person commissioned). 

7 Limitation of Liability (Services)

(1) Pixel assumes no responsibility for the content and accuracy of the information in the registration and profile data of the customer or other content generated by the customer.

(3) Pixel is only liable for damage resulting from injury to life, limb or health if it is based on an intentional or negligent breach of duty or an intentional or negligent breach of duty by a legal representative or vicarious agent.

(4) Pixel is only liable for other damages, insofar as they are not based on the violation of cardinal obligations (such obligations, the fulfillment of which make the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely), if they are based on an intentional or grossly negligent breach of duty or on an intentional or grossly negligent breach of duty by a legal representative.

(5) The claims for damages are limited to the foreseeable, contract-typical damage. In the event of default, they amount to a maximum of 5 percent of the order value.

(6) Pixel is only liable for damage to objects sent in by customers if they are based on intentional or grossly negligent handling of the objects or on intentional or grossly negligent handling by a legal representative.

(7) Pixel is not liable for objects that are opened or damaged by customs on the way to or from the customer.

8 Warranty

(1) A product that is already defective upon delivery (warranty case) will be replaced by Pixel with a product free of defects or repaired professionally (subsequent performance) at Pixel's expense, at your discretion. You are advised that there is no warranty case if the product was of the agreed quality at the time of the transfer of risk. A warranty case does not exist in the following cases in particular:

a) In the event of damage caused by the customer as a result of misuse or improper use (under improper handling or Storage is exposure to continuous exposure to sunlight, high temperatures (>45 degrees Celsius), moisture and sand).

b) Damage caused by the products being exposed to harmful external influences (in particular extreme temperatures, humidity, unusual physical or electrical stress, voltage fluctuations, lightning, static electricity, fire).

(2) If the type of supplementary performance desired by the customer (replacement delivery or repair) requires an effort that is grossly disproportionate to the customer's interest in performance in view of the product price, taking into account the content of the contract and the requirements of good faith – In particular, the value of the object of purchase in a defect-free condition, the significance of the defect and the question of whether another type of supplementary performance can be used without significant disadvantages for the customer must be taken into account – descriäIf the claim to the other type of supplementary performance is lost. Pixel's right to refuse this other type of subsequent performance under the aforementioned condition remains unaffected.

(3) Both in the case of repairs and in the case of a replacement delivery, the customer is obliged to send the product to the return address specified by Pixel at the cost borne by Pixel, stating the order number.

(4) If the customer sends the goods in to receive an exchange product, the return of the defective product is based on the following stipulation: if the customer was able to use the goods between delivery and return in a defect-free condition, he has to reimburse the value of the benefits drawn from him. The customer must pay compensation for loss or further deterioration of the goods that was not caused by the defect and for the impossibility of handing over the goods not caused by the defect in the period between delivery of the goods and return of the goods. The customer does not have to pay any compensation for the deterioration of the goods caused by the intended use of the goods. The obligation to compensate for the value does not apply to the return of a defective product in a warranty case

(5) The customer's obligation to pay damages in the event of a breach of the obligation to return the goods for which the customer is responsible is based on the statutory provisions.

(6) The customer can withdraw from the contract or reduce the purchase price if the repair or replacement delivery does not lead to a contractual condition of the product within a reasonable period of time.

(7) The warranty period for goods and services as well as acrylic housings sealed by pixels is - 3 months for consumers and for Entrepreneur - 2 months.

(8) Ensuring the condition assessment (Grading): Pixel ensures that the collector's items sent in by customers are treated appropriately. The evaluation takes place using a standardized internal test process. Every collector's item submitted goes through the entire testing process twice on at least two different testing days. In this way, Pixel ensures the highest possible accuracy and objectivity of the condition assessment. Pixel expressly points to a residual subjectivity of the condition assessment. Following the condition assessment, the collectible is certified and sealed in an acrylic case. The assessment of the condition of the object contained therein and carried out by Pixel is only valid if the acrylic housing is in the originally closed condition and the Pixel certificate (label with holo sticker) can be seen inside the acrylic housing.

9 Right of withdrawal

If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:

(1) Right of Withdrawal

The customer has the right to revoke this contract within fourteen days without giving reasons. The cancellation period for services is fourteen days from the day the contract was concluded. To exercise your right of withdrawal, you must:

by means of a clear statement (e.g. B. a letter sent by post, fax or e-mail) about the decision to revoke this contract. The customer can use the model cancellation form on the website or send Pixel another clear statement. If the customer makes use of this option, he will immediately (by e-mail) receive confirmation of receipt of such a revocation.

In order to comply with the cancellation period, it is sufficient for the customer to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired and to have sent back the goods.

(2) Consequences of revocation

If the customer revokes this contract, Pixel must repay all payments received from the customer immediately and at the latest within 14 days from the day on which Pixel received notification of the cancellation of the contract from the customer. under no circumstances will the customer be charged for this repayment.

If the customer has requested that the services should begin during the cancellation period, the customer must pay Pixel a reasonable amount, which corresponds to the proportion of the costs up to the point in time at which the customer informed Pixel of the exercise of the right of cancellation with regard to this contract, services already provided compared to the total scope of services provided for in the contract.

(3) Exceptions to the Right of Withdrawal

The customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The right of withdrawal does not exist expires with the following contracts:

• for the delivery of goods that have been unsealed after delivery;
• for the delivery of goods that are made to customer specifications or are clearly tailored to personal needs

• in the case of services which the pixel has provided in full and the customer has acknowledged and expressly agreed before placing the order that the pixel can begin providing the service and the customer loses his right of withdrawal once the contract has been fully performed.

10 privacy

(1) If personal data (e.g. name, address, e-mail address) is collected, Pixel undertakes to obtain prior consent. Pixel undertakes not to pass on any data to third parties unless the customer has given prior consent.

(2) Pixel points out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. In this regard, our liability is excluded.

(3) Third parties are not entitled to use contact data for commercial activities if the provider has given the persons concerned prior written consent.

(4) The customer has the right to receive complete and free information from Pixel about the customer's database at any time.

(5) Furthermore, the user has the right to correction/deletion of data/restriction of processing.

(6) Further information on data protection can be found in the separate data protection declaration.

11 Cookies

(1) Pixel may use cookies to display the product range. Cookies are small text files that are stored locally in the cache of the website visitor's Internet browser.

(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which websites and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited websites and servers to distinguish the individual browser of the person concerned from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.

(3) Through the use of cookies, the users of this website can be provided with more user-friendly services that would not be possible without the cookie setting.

(4) Pixel points out to the customer that some of these cookies are transferred from Pixel's server to the customer's computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive after the end of the browser session. Other cookies remain on the customer's computer system and enable pixels to recognize the customer's computer system on the next visit (so-called. persistent cookies).

(5) The customer can object to the storage of cookies; a banner is available to him for this purpose, which he can object to/accept.

(6) Of course, the customer's browser can be set in such a way that no cookies are stored on the hard drive or Cookies that have already been stored are deleted again. Instructions for preventing and deleting cookies can be found in the help function of your browser or software manufacturer.

12 Dispute Participation

The European Commission provides a platform for online dispute resolution (OS), which the customer can find here: https://ec.europa.eu/consumers/odr/. Consumers have the opportunity to use this platform to settle their disputes. Pixel is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

13 Jurisdiction and Applicable Law

(1) The law of the Federal Republic of Germany shall apply exclusively to differences of opinion and disputes arising from this contract, to the exclusion of the UN Sales Convention.

(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.

14 Final Provisions

(1) Contract language is German.

(2) Pixel does not offer any products or services for sale by minors.

(3) If the customer breaches these GTC and Pixel takes no action, Pixel shall still be entitled to exercise the rights on any other occasion where the customer breaches these Terms of Sale.

(4) Pixel reserves the right to make changes to the website, regulations, conditions including these General Terms and Conditions at any time. The terms of sale, contract terms and general terms and conditions that are in force at the time the customer places the order apply to the customer's order, unless a change to these terms is required by law or official order (in which case these terms also apply apply to orders that he has previously placed). If any provision of these Terms of Sale is held invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.

(5) The ineffectiveness of a provision does not affect the effectiveness of the other provisions of the contract. Should this occur, the meaning and purpose of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the invalid provision.