Official document
Terms and Conditions of the Grading Service
Whereas:
- TGM provides a professional grading service for new and sealed video games (hereinafter also referred to as the "Product");
- the Customer wishes to use that service and accepts its general terms and conditions;
Now, therefore, the Customer expressly and freely accepts the following general terms and conditions governing the service
1. Subject Matter of the Contract
TGM undertakes to perform a grading service on new and sealed video games sent by the Customer, in accordance with the terms and conditions set out below.
2. Shipping of the Game
The Customer is responsible for shipping the Product, which must be sent exclusively by trackable courier. TGM is not liable for damage to, loss of or misplacement of the Product occurring in transit. The risk and responsibility for shipping lie entirely with the Customer and the carrier.
3. Custody of the Item
From the moment the parcel containing the Product is physically received at its premises, TGM assumes custody of the Product as provided for under applicable Italian law.
TGM will photograph the parcel on receipt and will document the opening with photographs or video. Any evident defects in the parcel will be reported to the Customer immediately.
In the absence of evident defects, grading will proceed.
At this stage TGM may already refuse to proceed with grading where it clearly emerges that the Product is not original or is counterfeit, including in its seal or shrink wrap (resealed). The Customer is at all times responsible for the authenticity of the Product sent.
4. Grading Method
Grading is carried out by TGM through the analysis of more than 100 parameters of the Product, relating to:
- the condition of the shrink wrap (where present);
- the integrity of the seals;
- the aesthetic quality of the box;
- the intensity and chromatic consistency of the packaging;
- any other element that TGM considers relevant on the basis of its own experience.
Any defects found on the Product are recorded on a technical data sheet.
The Customer has no right whatsoever to take part in the grading operations.
Where the Customer sends TGM a Product that is not authentic, is counterfeit, or is the proceeds, product or object of a criminal offense, TGM shall be entitled to refuse to carry out the grading operation and to retain the amounts paid by the Customer by way of penalty, without prejudice to any greater damage. TGM further reserves the right to report the matter to all competent Authorities.
5. Additional Service: X-Ray Scanning
The Customer may optionally request a low-intensity X-ray scan (3 views, HD images).
TGM does not examine internal codes; it visually verifies that the interior of the Product is consistent with a new and original product. Where resealing or counterfeiting is suspected, TGM refuses grading and informs the Customer within 48 hours.
In that case grading will not be carried out and, if the Customer so requests, TGM may issue a statement to that effect. The following will be charged:
- the cost of the scan;
- the shipping costs.
6. Additional Service: Basic Cleaning of the Product
The Customer may optionally request cleaning of the Product with alcohol-free detergents in order to remove dirt and marks.
The service is subject to a charge, and the cost will be added to the services shopping cart.
TGM shall not be liable for any deterioration of the Product in the performance of the service, save in cases of willful misconduct or gross negligence.
7. Additional Service: Sticker Removal
The Customer may optionally request the removal of stickers or labels from the Product.
The service is subject to a charge, and the cost will be added to the services shopping cart.
TGM shall not be liable for any deterioration of the Product in the performance of the service, save in cases of willful misconduct or gross negligence.
8. Additional Service: Grading of Signatures and Autographs
The Customer may optionally request the Grading of signatures or autographs applied to the Product.
In order for the service to be performed, the Customer must provide their own audiovisual or photographic records made together with the author of the signature or autograph, taken on a date that TGM can objectively verify, or any other documentary evidence that allows the originality and authenticity of the signature or autograph to be verified.
The service is subject to a charge, and the cost will be added to the services shopping cart.
TGM shall not be liable for any false statements, documents or attestations made by the Customer. TGM performs the Grading of the signature or autograph solely on the basis of the information and documents supplied by the Customer.
At the Customer's request, a full sworn handwriting examination may be added to the Grading service, the cost of which will be agreed between the Customer and the third-party professional they appoint. Where the Customer so requests, TGM will provide the name or names of expert examiners, without any obligation on the Customer. The examiner shall be chosen freely and exclusively by the Customer. TGM shall have no involvement in, and shall not be a party to, any expert examination activity and shall not warrant the soundness of the examination or of the related attestation issued by the third-party examiner.
9. Issue of the Certificate
If the Product passes the assessment, TGM issues a grading certificate and places the Product in a high-quality PVC case.
9.1. Details on the Sealing of the Case
The case is sealed with industrial adhesives on the top and bottom, while no adhesive is applied to the sides, in order to ensure proper ventilation and to prevent the formation of condensation, mold or internal humidity. Once bonded, the case can no longer be opened other than by deliberate destruction, which entails the forfeiture of the grading and of the associated certificate.
The Customer declares that they accept the sealing method proposed by TGM, all liability of TGM being excluded save in cases of its willful misconduct or gross negligence.
10. Limitations of Liability
TGM shall not be liable for:
- damage arising from shipments handled by third parties;
- pre-existing defects or latent defects;
- damage not attributable to willful misconduct or gross negligence;
The Customer expressly accepts that TGM may not be held liable for any divergence in assessment compared with other operators in the sector. By entering into this contract the Customer accepts TGM's grading as an obligation of means and not of result, so that TGM is not required to guarantee any particular grading of the game, TGM expressing its own professional and technical opinion, which is not open to challenge by the Customer.
TGM is a private company that provides assessments based on its own experience and on internal parameters. It does not issue legal or expert certifications as to the authenticity of the Product and cannot guarantee beyond all reasonable doubt that the title delivered is original.
The Customer acknowledges and accepts that TGM is under no obligation to verify the authenticity or originality of the Product. TGM confines itself to grading the Product as physically received.
The Customer is solely responsible for the genuineness of the Product delivered and expressly warrants that the video game is original and authentic, is neither counterfeit nor falsified, is not the proceeds, product or object of any criminal offense, and has not been resealed.
The Customer accepts that TGM shall not be liable, save in cases of willful misconduct or gross negligence, for any damage or prejudice arising from the presence of counterfeit or altered products that cannot be detected by means of the instruments and methods used in grading.
TGM reserves the right to recall Products for further grading operations, at TGM's own cost, on any assessment ground whatsoever, including a suspicion that the product is counterfeit or not authentic, whether reported by third parties or by the competent Authority. Should the Customer fail to send the Product back to TGM for the new grading operation, TGM reserves the right to make this publicly known through the services of its own platform, notifying the public that the grading operation may be incorrect and stating the relevant reason, which shall have no certifying value but shall be merely informative and shall be subject to possible re-assessment or amendment. The Customer waives any indemnity or compensation for damages in respect of the further grading operations requested by TGM, save where these are caused by TGM's willful misconduct or gross negligence.
11. Clauses under the Italian Consumer Code
Pursuant to Italian Legislative Decree 206/2005 (the Consumer Code), Where the Customer qualifies as a consumer. The grading service is performed at the Customer's specific request, which entails the loss of the right of withdrawal under Article 59(1)(a) and (b) of the Consumer Code, since it constitutes the supply of services fully performed with the consumer's agreement and with the consumer's acknowledgment that the right of withdrawal is lost once performance has begun.
The Customer expressly accepts that, once the scan has been carried out or the grading procedure has begun, they may not exercise any cooling-off right or withdrawal.
12. Miscellaneous
12.1 TGM is authorized by the Customer to make photographic and audiovisual reproductions of the Product for its own cataloging purposes and to demonstrate the activities carried out.
12.2. TGM is authorized by the Customer to use the photographic and audiovisual reproductions of the Product for commercial purposes by publishing them for the promotional purposes of the platform. The Customer accepts that the consideration due to the Customer for such use has been taken into account in determining the fee payable for grading, and that no payment is therefore due to the Customer.
12.3. TGM is the exclusive owner of the grading know-how it uses, and the Customer may not use, reproduce or transfer that know-how to third parties.
13. Place of Jurisdiction and Address for Service
For any dispute concerning the interpretation, performance or validity of this contract, jurisdiction shall lie exclusively with the court of the consumer's place of residence or elected domicile, pursuant to Article 66-bis of the Consumer Code.
Where the Customer does not qualify as a consumer, any dispute concerning the interpretation, performance or validity of this contract shall fall exclusively within the jurisdiction of the court of the place where TGM has its registered office.
The Customer elects domicile at the address given in the order form or in the online registration form, which shall be deemed for all purposes the address elected for any communication relating to this contract.
14. Acceptance of the Conditions
The Customer declares that they have read, understood and accepted all the clauses of this contract, including those establishing exclusions and limitations of liability, and in particular clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, pursuant to Articles 1341 and 1342 of the Italian Civil Code.