The Card Shop will begin doing group grading submissions.
April 29 – Cards due to the shop with proper paperwork
Terms & Conditions
CUSTOMER ACKNOWLEDGES THAT THEY HAVE READ THE NEW (“THE CARD SHOP”) GRADING TERMS AND CONDITIONS (THE “AGREEMENT”) SET FORTH BELOW AND AGREES TO ABIDE BY THIS AGREEMENT, AND FURTHER AGREES THAT THE CARD SHOP IS ENTITLED TO RELY UPON AND BENEFIT FROM THIS AGREEMENT.
- The “Customer” is defined as a person, persons, or corporate entity that submits items to THE CARD SHOP for grading and/or authentication services. The individual who submits the order to THE CARD SHOP will be treated as THE CARD SHOP’s sole point of contact for that transaction. A Customer may submit one or more of the following items to THE CARD SHOP for grading and/or authentication any trading card, uniform, or other memorabilia (“item”) to THE CARD SHOP either via TheCardShopOmaha.com website or in-person to a verified THE CARD SHOP officer or employee. THE CARD SHOP will endeavor to submit to SGC to grade and/or authenticate submitted items within the estimated turnaround timeframe. THE CARD SHOP accepts no liability for orders completed later than the estimated turnaround time frame.
- In no event shall THE CARD SHOP have liability to Customer for incidental, indirect, or consequential damages due to THE CARD SHOP’s failure to grade and/or authenticate any items within any timeframe, and Customer waives all rights to seek incidental, indirect, or consequential damages against THE CARD SHOP. All turnaround time frames are estimates and refer to business days, which shall not include holidays or days that the THE CARD SHOP office is closed.
- Customer acknowledges and agrees that THE CARD SHOP’s owners and employees shall be permitted to submit items for grading and/or authentication without limitation. Furthermore, THE CARD SHOP’s owners and employees may buy, sell, and trade THE CARD SHOP authenticated or graded items without limitation.
- All fees and amounts charged by THE CARD SHOP are subject to change in THE CARD SHOP’s sole and absolute discretion. Unless otherwise provided in writing, all services or products provided by THE CARD SHOP shall be billed at the prices prevailing at the time the services or products are provided to Customer.
- THE CARD SHOP reserves the right to increase the base service fees for any item submitted at a low estimated value.
- THE CARD SHOP reserves the right to issue upcharges on any item for any reason, including, but not limited to, items requiring custom modifications to the black insert component in SGC’s holder, commonly referred to as “custom-cuts,” those items requiring any amount of research, oversized items (cards measuring larger than 3 1⁄2” x 5 1⁄2”, or any other non-standard items.
- Customer agrees not to knowingly submit cards to THE CARD SHOP that bear evidence of trimming, recoloring, restoration or any other form of tampering, or are of questionable authenticity, as determined in the sole judgment of SGC’ (“Altered Cards”). SGC shall not grade Altered Cards and THE CARD SHOP shall have no obligation to refund the fee paid by Customer, as the determination to reject an Altered Card requires a review by SGC’s graders and authenticators. Customer represents and warrants that they have no knowledge and no reasonable basis to believe that any card submitted for grading has been altered in any way or is not genuine.
- Customer agrees not to knowingly submit any forged, counterfeit, or otherwise non-genuine items to THE CARD SHOP for any services including, but not limited to, card grading or other authentication.
- Customer acknowledges and agrees the grading and/or authentication of items requires the exercise of individual judgment and professional opinion, which is subjective in nature, and can change from time to time. Therefore, THE CARD SHOP makes no warranty or representation and shall have no liability whatsoever to Customer for the grade or determination of authenticity assigned by SGC to any item.
- After the submission and grading and/or authentication of an item to THE CARD SHOP, new information may arise or become available that was unavailable at the time a grade or determination of authenticity was assigned by SGC to any item. THE CARD SHOP nor SGC shall have no liability to Customer, and SGC shall be under no obligation to change a grade or determination of authenticity assigned to an item (unless such an item is re-submitted for grading and/or authentication) to the extent new information arises or becomes available after a grade or determination of authenticity is assigned by SGC to any item.
- Clerical errors can occur in connection with the grading and/or authentication, review, or reholdering of an item submitted to THE CARD SHOP and/or SGC. Customer’s sole and exclusive remedy is to allow THE CARD SHOP and/or SGC to correct the clerical error, and reholder the item and/or produce a new letter of authenticity if required, at SGC’s sole cost and expense.
- THE CARD SHOP and/or SGC shall have the right (not obligation) to capture the image of any item submitted by Customer. Customer agrees THE CARD SHOP and/or SGC shall be permitted to publish images and information relating to any items submitted by Customer without compensation of any kind to Customer, and THE CARD SHOP and/or SGC further reserves the right to publish images and information relating to items as it deems fit. All images created/produced or modified by THE CARD SHOP and/or SGC are the sole property of THE CARD SHOP and/or SGC, and may only be used by THE CARD SHOP and/or SGC in its sole and absolute discretion.
- THE CARD SHOP and/or SGC will exercise reasonable care in handling items submitted for grading and/or authentication, review, or reholdering. However, if Customer’s item was lost or damaged while in THE CARD SHOP and/or SGC’s possession, Customer will be compensated based upon the fair market value of the item as determined by THE CARD SHOP and/or SGC’s standard procedures which may include filing a claim with our insurance carrier. The declared value you stated on the front of this form is for estimating the insurance coverage only, and the fair market value of the item may be less than your declared value. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE CARD SHOP, ITS AFFILIATES OR ANY OF THE CARD SHOP’S DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUBSIDIARIES, DIVISIONS, SUCCESSORS, SUPPLIERS, DISTRIBUTORS, AFFILIATES, VENDORS, CONTRACTORS, REPRESENTATIVES OR CONTENT OR SERVICE PROVIDERS EXCEED THE GREATER OF: (I) THE FEES PAID TO THE CARD SHOP FOR GRADING ANDOR AUTHENTICATION OF AN ITEM, OR (II) THE NET PROCEEDS OF INSURANCE (LESS ANY DEDUCTIBLE PAID BY THE CARD SHOP). Such compensation shall be Customer’s exclusive remedy for any loss or damage.
- Customer is required to inspect all items immediately upon receipt and THE CARD SHOP and/or SGC disclaims any liability for discrepancies or errors, including, but not limited to, errors in the description of the item unless reported to THE CARD SHOP within five (5) business days of Customer’s receipt of the item(s). Customer agrees to return any incorrectly described item to THE CARD SHOP upon request for correction and agrees to indemnify and hold THE CARD SHOP and/or SGC harmless from any and all losses and/or claims caused by the circulation or sale of incorrectly described items.
- Customer agrees as follows: (a) THE CARD SHOP shall release a graded and/or authenticated item to Customer only upon payment of all fees and other charges; (b) to pay to THE CARD SHOP all fees and other charges when due without further demand; (c) any amounts not paid when due shall accrue interest at the rate of 18% per year until paid (or, if less, the maximum interest rate permitted by applicable law); and (d) THE CARD SHOP shall have a security interest in the items submitted, as well as in any other property of Customer in the possession of THE CARD SHOP or its affiliates (collectively, the “Client Property”), to secure payment thereof. Customer hereby grants to THE CARD SHOP an assignment of and lien against the Client Property in the amount of any fees and other charges due and payable pursuant to the terms of this Agreement. Customer hereby authorizes THE CARD SHOP to file, at any time on or after the date such fees and other charges become due, appropriate uniform commercial code financing statements in such jurisdictions and offices as THE CARD SHOP deems necessary in connection with the perfection of a security interest in the Client Property, and Customer shall be responsible for all fees and out-of-pocket costs.
16. THE CARD SHOP and/or SGC shall have no liability whatsoever to Customer, or any third party for whom Customer may be acting, related to any damage to any item resulting from the breaking open of an SGC holder or third-party holder, or for any damage to any item that occurred while the card was not in the custody or control of THE CARD SHOP and/or SGC including, but not limited to, loss or damage to items while being shipped to THE CARD SHOP, or while being shipped by THE CARD SHOP to Customer.
17. Customer agrees that it will notify THE CARD SHOP if the Customer knowingly submits an item encapsulated within a case, holder or other protective outer layer that is broken, tampered with, or otherwise defective in any manner. If THE CARD SHOP and/or SGC receives from Customer a case, holder or other protective outer layer that is broken, tampered with, or defective in any matter, regardless of whether or not the Customer knew the case/holder was broken, then THE CARD SHOP and/or SGC shall have no liability whatsoever to Customer, or any third party for whom Customer may be acting, for any further or additional damage that may occur to the case/holder or the item contained therein if SGC opens or otherwise removes the broken or defective case/holder.
18. In the event SGC, in SGC’s sole and absolute opinion, determines that an item within an SGC holder is fraudulent, tampered with, or is not accurately described, then SGC is authorized, without further notice to Customer, to remove the item from the holder. In addition, if an item has been previously graded by SGC and placed in a holder, and such item is subsequently damaged due to Customer’s lack of care, then SGC reserves the right to remove the item from its holder, and is under no obligation to re-grade such an item.
19. Customer acknowledges and agrees to exercise reasonable care with regard to any item graded and/or authenticated by SGC, and further acknowledges and agrees items in an SGC holder can be damaged and/or destroyed if reasonable care is not exercised (i.e. holders are not waterproof or UV-resistant).
20. Except as expressly set forth herein to the contrary, THE CARD SHOP AND/OR SGC DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE SGC’S GOODS AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
21. Except as expressly set forth herein to the contrary, THE MAXIMUM AGGREGATE LIABILITY THAT THE CARD SHOP SHALL HAVE TO CUSTOMER, OR ANY THIRD PARTY FOR WHOM THE CUSTOMER MAY BE ACTING, ARISING FROM ANY CAUSE, ACT, OMISSION OR OTHER CIRCUMSTANCE, including the negligence of THE CARD SHOP and/or SGC, SHALL IN NO EVENT EXCEED THE GREATER OF: (I) THE FEES PAID TO THE CARD SHOP FOR GRADING AND/OR AUTHENTICATION OF AN ITEM, OR (II) THE NET PROCEEDS OF INSURANCE (LESS ANY DEDUCTIBLE PAID BY THE CARD SHOP).
22. THE CARD SHOP AND/OR SGC OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES, NOR SHALL THE CARD SHOP AND/OR SGC OR ANY OF ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY DAMAGES WHICH ARE BASED UPON ALLEGED NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, OR ANY THEORY OTHER THAN THE LIMITED LIABILITY STATED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SAME.
23. In the ordinary course of its operations, THE CARD SHOP (i) compiles data regarding each item submitted for grading and/or authentication, including, but not limited to, data relating to the identity, production, condition, authenticity, and grade of the item (the “Data”); and (ii) may take, or have taken, one or more digital or other types of photographs, images or reproductions of each such item (collectively, the “Images”). In consideration for the grading and/or authentication services being provided by SGC, Customer, on behalf of itself and any third party for whom Customer may be acting, hereby authorizes THE CARD SHOP AND/OR SGC (i) to compile and maintain such Data with respect to each item submitted hereunder for grading and/or authentication; and (ii) to take, or cause to be taken, one or more Images of each such item, and further agrees that THE CARD SHOP AND/OR SGC will be the owner of such Data and all such Images and that THE CARD SHOP AND/OR SGC may use and exploit such Data and the Images for commercial and any other purposes, as THE CARD SHOP AND/OR SGC in its sole discretion deems appropriate, including, but not limited to, the publication and republication or reproduction in or on any media, of such Data and Images. Without limiting the generality of the foregoing, Customer, on behalf of itself and any third party for whom Customer may be acting with respect to this agreement, unconditionally and irrevocably transfers, conveys and assigns to THE CARD SHOP AND/OR SGC any and all current and any hereafter acquired rights, title and interests (including, without limitation, rights in copyright, patent, trade secret and trademark) that Customer or any such third party may have in or to the Data and the Images (on whatever media or in whatever form such Images may be reproduced or published).
24. If any items are being submitted on behalf of a third party, Customer represents and warrants that such third party has agreed and accepted this Agreement and has signed a duplicate copy hereof where indicated. Customer agrees to provide that third party signed copy to THE CARD SHOP at any time upon its request. THE CARD SHOP shall not be required to complete any work until Customer provides a copy of the executed third party Agreement.
25. Customer agrees to indemnify, defend and hold THE CARD SHOP AND/OR SGC and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any loss, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or related to the submission of an item to THE CARD SHOP AND/OR SGC, related to the grade and/or determination of authenticity assigned by SGC, any services or products provided by THE CARD SHOP AND/OR SGC to Customer, Customer’s breach of this Agreement or the documents it incorporates by reference, or customer’s violation of any law or the rights of a third party. This indemnification will survive termination.
26. This Agreement is governed by and construed in accordance with the substantive laws of the State of Nebraska, without regard to conflicts of laws principles. The parties hereby consent to personal jurisdiction of the courts of the State of Nebraska with respect to any legal action to enforce the terms and conditions of this Agreement or otherwise arising under or with respect to this Agreement, and agree that venue for all such actions shall be in Douglas County, Nebraska. The non-prevailing party shall pay all costs and expenses, including all attorneys’ fees and court costs, incurred by the prevailing party in enforcing the terms and conditions of this Agreement.
27. The terms and provisions in this Agreement constitutes the entire agreement of THE CARD SHOP and Customer (and any third party for whom Customer may be acting) regarding, and supersedes all prior agreements and understandings (written or oral) between or among such parties relating to the subject matter hereof. If any term or provision of this Agreement is determined by a final and unappealable ruling or order of a court of competent jurisdiction, to be invalid or unenforceable under applicable law, such invalidity or unenforceability shall not affect the validity or enforceability of any of the other of the terms or provisions of this agreement. Each party shall execute and deliver such additional documents and instruments as any other party may request to better evidence or effectuate the agreements contained herein. 28. THE CARD SHOP AND/OR SGC reserves the right to not perform services requested by the customer for any reason, including items being too fragile to handle or encapsulate, items being of a type that SGC does not wish to grade and/or authenticate, or any other reason that may come up. If customer wishes to have a fragile item encapsulated and SGC agrees to perform the services requested, customer must agree to sign a waiver of liability prior to THE CARD SHOP AND/OR SGC starting the agreed to service.