Terms and conditions - Inner Circle Grading

These general terms and conditions replace all previous versions, including the versions governed by Dutch law. For agreements concluded before the effective date, the version that applied at the time the agreement was concluded remains applicable.

Article 1 — Identity of the business

Inner Circle Grading, trading under the names “Inner Circle Grading” and “ICG”

Legal form: sole proprietorship under Belgian law

Registered office and postal address: Tabakvest 87, box 4908, 2000 Antwerp, Belgium

Company number (CBE): 1035.315.147

VAT identification number: BE 1035.315.147

E-mail address: info@innercirclegrading.com

Telephone/WhatsApp: +32 456 91 25 38

Website: www.innercirclegrading.com

Availability: Monday to Saturday from 09:00 to 18:00

Where these terms refer to “we”, “us” or “ICG”, the business named above is meant.

Article 2 — Definitions

In these general terms and conditions, the following terms have the meanings given below:

1. ICG: the business named in Article 1.

2. Customer: any natural person or legal entity that enters into an Agreement with ICG or submits a request to do so.

3. Consumer: a Customer who is a natural person and who acts for purposes that fall outside their trade, business, craft or professional activity, within the meaning of Article I.1, 2° of the Belgian Code of Economic Law.

4. Business Customer: any Customer who is not a Consumer, including traders, dealers and bulk submitters.

5. Grading Company: the independent certification and assessment company to which ICG presents a Submission, including in any event Beckett Grading Services (BGS) and Professional Sports Authenticator (PSA), as well as any other grading authority offered by ICG or chosen by the Customer.

6. Grading: the assessment, authentication and encapsulation (“slabbing”) of a Card by a Grading Company, resulting in a Grade or in a rejection.

7. Grade: the assessment awarded by the Grading Company, including numerical grades, subgrades, labels and qualifications such as “Authentic”, “Authentic — Altered”, “Evidence of Trimming”, “Restored”, “Not Authentic”, “Minimum Grade not achieved” and any form of refusal or “no grade” (N0).

8. Card: any collectible card, trading card, sports card or comparable collectible that the Customer presents to ICG.

9. Submission: all of the Cards that the Customer presents in one shipment or under one order number, together with the associated instruction.

10. Pregrade: a non-binding, indicative estimate by ICG of the possible outcome of a Grading.

11. Cleaning & Restoration: the treatment of Cards described in Article 12.

12. Drop-off Point / Outpost: a physical location of a third party where the Customer can leave Cards for collection by ICG.

13. Declared Value: the value declared by the Customer per Card, which serves as the basis for the service category, insurance, customs declaration and liability cap.

14. PSA Tier: the package that the Customer selects for a Submission that ICG submits to PSA, namely Silver, Gold, Platinum or Diamond, as described on the website at the time of ordering.

15. Agreement: any agreement between ICG and the Customer, including these general terms and conditions.

16. Terms: these general terms and conditions.

17. CEL: the Belgian Code of Economic Law (Wetboek van economisch recht).

18. CC: the Belgian Civil Code, including Book 5 (Obligations) and Book 8 (Evidence).

19. In Writing: by letter or by e-mail, unless expressly provided otherwise.

Article 3 — Applicability

1. These Terms apply to all offers, quotations, orders, Agreements and services of ICG, both towards Consumers and towards Business Customers, and to all legal relationships arising from or connected with them.

2. Before a distance Agreement is concluded, ICG makes the text of these Terms available by electronic means, in such a way that the Customer can easily store it on a durable medium. The Customer expressly accepts the Terms when placing their order. The Customer can consult and download the Terms at any time via www.innercirclegrading.com.

3. Deviations from these Terms are valid only if ICG has expressly confirmed them In Writing. A deviation applies only to the Agreement for which it has been confirmed.

4. The applicability of purchasing conditions or other terms and conditions of the Customer is expressly rejected. A reference to them by the Customer has no effect, even if ICG does not expressly reject that reference.

5. If any provision of these Terms is void, is annulled or otherwise proves to be unenforceable, the remaining provisions remain fully in force (partial invalidity). The parties shall, by mutual agreement, replace the provision concerned with a valid provision that comes as close as possible to the purport of the original provision. Towards Consumers, an unfair term is deemed not to exist, without affecting the remainder of the Agreement.

6. Provisions which by their nature are intended to continue after the end of the Agreement — including in any event Articles 16.3, 23 (Liability), 25 (Evidence and records), 26 (Indemnification), 28 (Personal data and visual material) and 31 (Governing law and disputes) — remain in force after termination of the Agreement.

7. Where provisions apply only towards Business Customers, this is expressly stated. No provision of these Terms is intended to restrict the rights that the Consumer derives from the mandatory provisions of Book VI CEL, including Articles VI.82 to VI.84 inclusive (unfair terms), or from other mandatory provisions of law. Towards Business Customers, these Terms are interpreted in accordance with Articles VI.91/1 to VI.91/7 inclusive CEL.

8. For Consumers whose habitual residence is outside Belgium, including in the Netherlands, the mandatory consumer protection provisions of the country of their habitual residence remain applicable, in accordance with Article 31, paragraph 2.

Article 4 — Offer, formation of the Agreement and manifest errors

1. All offers, packages, price lists and indications on the ICG website are non-binding, unless expressly stated otherwise or unless they contain an acceptance period.

2. The Agreement is formed at the moment ICG confirms the Customer’s order or request In Writing or by electronic means. ICG confirms receipt of an order placed by electronic means without delay by e-mail.

3. As long as ICG has not confirmed receipt of the order, the Customer can cancel the order free of charge.

4. ICG is entitled to refuse an order or request, or to attach additional conditions to it, including prepayment, presentation of proof of identity or additional insurance, in particular for Submissions with a high Declared Value or where there is doubt about provenance. A refusal is made within a reasonable period after receipt of the order. Amounts already paid will be refunded in that case.

5. Manifest mistakes, clerical errors and programming or typing errors in the offer, in prices or in confirmations do not bind ICG, to the extent that the Customer could reasonably have understood that it was a mistake. In that case, ICG may cancel the Agreement within seven (7) days of discovery or, with the Customer’s consent, amend it. Amounts already paid will be refunded without delay.

6. Images, examples of graded cards, “before & after” material and results shown on the website or on social media are purely illustrative. No rights or expectations regarding an individual Submission can be derived from them.

7. A minor can enter into an Agreement with ICG only with the consent of their parent(s) or guardian. ICG may ask for proof of that consent, may require a parent or guardian to co-confirm the order or to make the payment, and may refuse or suspend the order as long as consent has not been demonstrated. The parent or guardian who gives consent is answerable for the minor’s obligations under the Agreement.

Article 5 — Prices and price changes

1. All prices stated on the website for Consumers are in euro and include VAT. Prices for Business Customers are exclusive of VAT, unless stated otherwise.

2. The package price includes only the services expressly stated with it. Unless expressly stated otherwise, the following are not included: shipping costs to and from the Customer, insurance, customs duties, import VAT, customs clearance costs, surcharges of the Grading Company, costs for Cleaning & Restoration, costs of Reviews and Crossovers, and storage costs as referred to in Articles 17 and 18. All costs that the Customer is obliged to pay are clearly stated before the Agreement is concluded.

3. ICG may adjust the prices for Agreements not yet performed if and to the extent that this results from objective circumstances beyond its sphere of influence, namely: tariff changes by the Grading Company, changes in exchange rates (EUR/USD), changes in transport tariffs, fuel or transport surcharges, and changes in taxes, import duties or levies.

4. ICG notifies the Customer In Writing of any price increase in advance, stating the reason. In the event of any price increase, regardless of its size, the Consumer is entitled to terminate the Agreement free of charge before the increase takes effect. Termination on this ground leads to a refund of the amounts already paid for the part not yet performed and to return of the Cards, with the return shipping costs being borne by ICG.

5. A Business Customer has no right of termination on the basis of a price adjustment that results solely from the circumstances referred to in paragraph 3 and that ICG has notified In Writing in advance.

Article 6 — The role of ICG: intermediary only

1. In connection with Grading, ICG acts solely as an independent intermediary and logistics service provider between the Customer and the Grading Company. ICG does not itself perform any Grading, authentication or certification.

2. ICG’s obligation with regard to Grading is an obligation of means (best-efforts obligation). It consists of: receiving, checking and registering the Submission, preparing it administratively and submitting it to the chosen Grading Company, following up on the status, receiving the result and returning it to the Customer.

3. ICG has no influence on, control over or involvement in the Grading Company’s assessment process, the criteria applied in it, or the Grade, subgrades, labels or rejections awarded.

4. ICG is not a representative, agent, distributor, franchisee or mandatary of any Grading Company, unless and to the extent that ICG expressly states In Writing that it holds a specific status (such as dealer or bulk status). Statements by ICG do not bind the Grading Company.

5. ICG is not liable for:

a. the level, content or reasoning of the Grade or subgrades;

b. rejections, refusals, “no grades” (N0) or qualifications such as “Altered”, “Evidence of Trimming”, “Restored” or “Not Authentic”;

c. changes in the Grading Company’s assessment criteria, standards, service categories, prices or turnaround times;

d. delays, backlogs, closures or capacity problems at the Grading Company;

e. differences between earlier and later assessments of the same or comparable Cards;

f. damage, mix-up, loss or disappearance that demonstrably arose at or through the Grading Company, without prejudice to the provisions of Article 7, paragraph 4, Article 16.3 and Article 23.

6. This Article does not affect ICG’s own obligations under the Agreement and its liability under Article 23.

Article 7 — Effect of the Grading Company’s terms

1. The Grading itself is also governed by the general terms and conditions, submission terms and policies of the Grading Company concerned. These can be consulted on the Grading Company’s websites, including www.beckett.com/tos and www.psacard.com/termsandconditions. ICG draws the Customer’s attention to these terms before the Agreement is concluded.

2. The Customer declares that they have taken note of, and expressly accepts, that these terms include, among other things, that:

a. the Grading Company limits its liability to a maximum of the declared or insured value of the Card, or the market value determined by the Grading Company if that is lower;

b. the Grading Company charges fees even if a Card is rejected, is identified as counterfeit, is classified as altered or does not receive a numerical Grade, because making that determination also requires assessment;

c. the Grading Company’s fees are non-refundable once the assessment has begun;

d. stated turnaround times are estimates to which the Grading Company does not commit;

e. the Grade is a subjective expert opinion for which the Grading Company provides no guarantee.

3. ICG will make reasonable efforts to submit and follow up claims with the Grading Company on the Customer’s behalf. ICG is not obliged to bring legal proceedings for the benefit of the Customer.

4. If ICG receives compensation from the Grading Company, a carrier or an insurer in respect of damage to or loss of a Card, ICG pays that compensation out to the Customer in full, after deduction of any outstanding claims against the Customer that are due and payable, subject to Article 16.3, paragraph 5. To the extent possible, ICG assigns its claims against the Grading Company, the carrier or the insurer to the Customer free of charge upon first request.

Article 8 — No guarantee of the outcome

1. ICG gives no guarantee whatsoever regarding the outcome of a Grading, including a minimum Grade, a minimum subgrade, the achievement of a “Black Label”, “Pristine”, “Gem Mint”, “PSA 10” or any other qualification.

2. Grading is a subjective expert assessment. Differences between assessors, between points in time of assessment and between Grading Companies are inherent in the service and do not constitute a failure on the part of ICG.

3. No rights against ICG can be derived from an awarded Grade.

4. Changes in the value of Cards — both increases and decreases in value, regardless of whether they relate to the Grade awarded — are entirely at the Customer’s expense and risk. ICG gives no investment advice and makes no statements about the expected market value after Grading.

5. If the Customer chooses a Grading option with a minimum-grade guarantee from the Grading Company, only the Grading Company’s terms in that respect apply. ICG is not a party to that guarantee.

Article 9 — Pregrade

1. A Pregrade is a non-binding and purely indicative estimate based on a visual inspection under the circumstances available at that time.

2. No rights, guarantees or expectations can be derived from a Pregrade. A Pregrade is expressly not advice on whether or not to submit, and is not a valuation.

3. Differences between the Pregrade and the final Grade of the Grading Company do not constitute a failure on the part of ICG and do not give rise to any right to a refund, discount or damages.

4. A Pregrade is carried out with the care that may be expected of a normally prudent and reasonably competent professional, using suitable aids (including gloves, a soft surface and suitable lighting).

5. The Customer acknowledges that inspecting a Card always requires physical handling and that a residual risk of minimal signs of handling, which cannot be fully excluded, therefore exists. ICG is not liable for minimal signs of handling that are reasonably unavoidable and that arise during a carefully performed inspection. ICG is, however, liable for damage resulting from failure to observe the care referred to in paragraph 4.

Article 10 — VIP Concierge and on-site inspection

1. ICG can, for a separate fee, carry out an on-site inspection at the Customer’s location (VIP Concierge). This service is available under the conditions stated on the website, including a minimum raw value of the collection to be inspected and a travel and transport fee payable in advance.

2. The travel and transport fee is due as soon as the appointment is confirmed and is not refunded if the Customer cancels the appointment less than forty-eight (48) hours before the agreed time or fails to attend, unless the Customer is a Consumer exercising their right of withdrawal as referred to in Article 21.

3. During an on-site inspection, the Cards remain in the Customer’s actual possession and at the Customer’s risk, unless and to the extent that the parties record In Writing that Cards will be taken away by ICG. In that case Article 13.1, paragraph 3 applies and the parties sign, on the spot, a transfer form with a card specification.

4. ICG reserves the right to reschedule or cancel an appointment if the safety of staff or goods reasonably gives cause to do so. Fees already paid will be refunded in that case.

Article 11 — Prohibited submissions, authenticity and ownership

1. The Customer warrants that, in respect of each Card submitted, they:

a. are the owner or are fully authorised to act on behalf of the owner;

b. have lawfully acquired the Card and that no seizure, pledge, retention of title or any other right of a third party attaches to it;

c. to the best of their knowledge, are not presenting a counterfeit, replica, reproduction or “custom” card as authentic;

d. will inform ICG in advance, unprompted and fully, of any prior treatment of the Card known to them, including cleaning, restoration, colour touch-up, trimming, filling, pressing, re-encapsulation or any other alteration, as well as of any previous rejection by a Grading Company.

2. The Customer is prohibited from submitting Cards that originate from theft, embezzlement, fraud, handling of stolen goods or any other crime, or that have been altered with the intent to mislead a Grading Company or a buyer.

3. ICG is entitled at any time to refuse a Submission or individual Cards, to suspend processing, or not to present the Submission to the Grading Company, if in its reasonable opinion there is serious doubt about the authenticity, provenance or ownership of a Card, or if submission cannot reasonably be required of it. Costs already incurred remain payable in that case.

4. If there is a reasonable suspicion that a Card originates from a crime or is counterfeit, ICG is entitled to retain the Card concerned and to report it to the competent authorities and/or the rightsholder. In that case ICG is not obliged to return the Card to the Customer for as long as the authorities or the rightsholder prevent this, and is not liable for any resulting damage. ICG informs the Customer of this, unless a statutory provision or an instruction from the authorities prevents it.

5. ICG does not carry out, and does not cooperate in, any treatment intended to conceal a defect or to mislead a Grading Company or a third party. Requests to that effect will be refused.

6. A breach of this Article constitutes a serious default on the part of the Customer and entitles ICG to terminate the Agreement In Writing with immediate effect and without prior judicial intervention, without prejudice to its right to damages and without prejudice to the provisions of Article 26.

Article 12 — Cleaning & Restoration

1. As a separate service, distinct from Grading, ICG may offer non-invasive cleaning and conservation of Cards, aimed at removing surface dirt, dust, fingerprints and residue.

2. Cleaning & Restoration is carried out only after a separate, express and In Writing instruction from the Customer per Card or per clearly described batch, after ICG has informed the Customer of the nature of the proposed treatment and the risks attached to it. A package in which cleaning is expressly included counts as such an instruction for the Cards submitted under it, unless the Customer indicates at the time of registration that a Card may not be cleaned.

3. The Customer acknowledges and expressly accepts that Grading Companies classify certain treatments as alteration. This may result in a Card not receiving a numerical Grade and instead receiving a qualification such as “Altered”, “Authentic — Altered”, “Restored”, “Evidence of Trimming”, “Evidence of Cleaning” or a similar designation, or being refused altogether. This risk also exists where non-invasive cleaning has been carried out carefully, and also where a comparable treatment in an earlier Submission did not lead to such a qualification.

4. This risk is entirely at the Customer’s expense. Such an outcome does not constitute a failure on the part of ICG and gives no right to a refund of the costs of Cleaning & Restoration, of the Grading or of the shipping costs.

5. The Customer acknowledges that treating a Card by its nature entails an increased risk of damage, including damage to the surface, coating, corners, edges or centring, and that this risk cannot be fully excluded. The Customer accepts this inherent residual risk.

6. ICG carries out Cleaning & Restoration with the care that may be expected of a normally prudent and reasonably competent professional. ICG is liable for damage resulting from failure to observe that care, subject to Article 23. ICG is not liable for the risks referred to in paragraphs 3 and 5, which were notified in advance and accepted.

7. ICG does not carry out trimming, re-trimming, colour touch-up, filling, repair of corners or edges, pressing, or any other intervention that alters the physical characteristics of the Card or that makes the condition of the Card appear different from what it is. See also Article 11, paragraph 5.

8. ICG documents the condition of each Card to be treated photographically before and after treatment and makes this material available to the Customer on request.

Article 13 — Delivery by the Customer and transfer of risk

13.1 Shipping by the Customer to ICG

1. Shipping of Cards to ICG is entirely at the Customer’s expense and risk, until the moment at which the risk passes to ICG under paragraph 3.

2. The Customer is responsible for proper, card-specific packaging (at least: penny sleeve, toploader or comparable protection, team bag and a sturdy outer packaging), for correct addressing and for choosing a shipping method with track & trace. ICG strongly recommends shipping by registered and insured mail.

3. The risk passes to ICG at the moment at which ICG has actually received the Submission and has registered it in its records in accordance with Article 14. Receipt by a carrier, a collection point, a PO box or a Drop-off Point does not count as receipt by ICG.

4. The Customer registers each Submission in advance via the form provided for that purpose and states the number of Cards, the description per Card, the chosen service category or PSA Tier and the Declared Value.

13.2 Drop-off Points and Outposts

1. ICG may offer the possibility of handing in Cards at a Drop-off Point (Outpost). A Drop-off Point is an independent third party and is not an establishment, branch or custodian of ICG.

2. By using a Drop-off Point, the Customer instructs that Drop-off Point to hold the Cards for the Customer’s account and at the Customer’s risk until the moment of collection by ICG. During that period the Drop-off Point acts as the Customer’s appointee and not as ICG’s.

3. ICG is not liable for loss, disappearance, theft, mix-up or damage of Cards that are at a Drop-off Point and that ICG has not yet collected and registered. In accordance with Article 13.1, paragraph 3, the risk passes to ICG only after actual collection and registration by ICG.

4. On handing in, the Customer must ask the Drop-off Point for a dated proof of delivery or receipt, stating the number of Cards and the submission number. Failing this, the Customer bears the burden of proof of what was handed in at the Drop-off Point.

5. This Article does not affect the fact that ICG remains liable towards the Consumer for failures in its own services, and that the mandatory protection of the Consumer applies in full. To the extent that a court were to decide that the Drop-off Point acted as ICG’s appointee or auxiliary in performing the Agreement, ICG’s liability is limited in accordance with Article 23.

Article 14 — Receipt, checking and registration

1. Upon receipt of a Submission, ICG registers at least: the date of receipt, the number of Cards, the description per Card, the externally observable condition and any particulars.

2. ICG is entitled to record the Submission on photo and/or video on receipt and at each subsequent processing step. The Customer consents to this.

3. If the number of Cards received or the condition received differs from the Customer’s registration, ICG informs the Customer of this within five (5) working days of receipt, sending visual material.

4. ICG is not obliged to open, check or register a Submission outside its regular processing periods. The status “delivered” in a track & trace system does not give rise to any liability on the part of ICG as long as registration has not taken place.

Article 15 — Shipping to the Grading Company and turnaround times

1. ICG arranges periodic consolidated submissions to the Grading Companies’ facilities, including Beckett Grading Services (United States and/or Europe) and PSA (United States and/or Europe), depending on the service chosen.

2. Shipping takes place in principle twice a month. This frequency and all turnaround, processing and delivery times stated by ICG are indicative and constitute only an obligation of means. They never count as a binding or strict deadline.

3. ICG is not liable for delay caused by carriers, customs authorities, the Grading Company or other third parties, nor for delay resulting from the compilation of a consolidated submission.

4. Exceeding an indicative period gives the Customer no right to termination, a refund or damages, unless:

a. the Customer is a Consumer and ICG, after a formal notice In Writing with a reasonable additional period of at least thirty (30) days, still fails to perform; or

b. the parties have expressly agreed a guaranteed period In Writing.

5. ICG determines the method of shipping, the carrier and the route, having regard to what may reasonably be expected of an intermediary acting with due care.

Article 16 — Declared Value, insurance, flat-rate compensation and customs

16.1 Declared Value

1. For each Card, the Customer declares a Declared Value which is a realistic, market-supportable estimate of the value in ungraded condition.

2. The Declared Value determines: the service category required by the Grading Company, the insurance cover, the customs declaration and the liability cap under Article 23.

3. The Customer is fully responsible for the accuracy and truthfulness of the Declared Value. If the declaration is too low, the Customer themselves bears the difference between the actual value and the covered or compensated value. If the declaration is too high, the Customer bears the resulting additional insurance premiums, customs duties and levies.

4. ICG and the Grading Company are entitled to correct the Declared Value if in their reasonable opinion it is manifestly incorrect, and to place the Submission in a higher service category. ICG informs the Customer of this in advance. The excess is for the Customer’s account. If the Customer does not agree to this, the Submission will be returned unprocessed at the Customer’s expense.

16.2 Insurance

1. Submissions are by default processed and shipped without separate insurance. Separate insurance comes into being only if the Customer expressly opts for it in advance and pays the associated premium.

2. ICG offers optional insurance packages based on the Declared Value. The cover, exclusions, excesses and maximum amounts of the policy concerned are made available to the Customer before the Agreement is concluded and form part of the Agreement.

3. In the event of disappearance, theft or damage during transport between ICG and the Grading Company, the Customer informs ICG without delay and in full, and provides all information and documents requested by the insurer. ICG submits the claim and keeps the Customer informed of progress.

4. Payment to the Customer under the insurance is made as soon as and to the extent that the insurer has confirmed cover and has actually paid the amount to ICG. ICG never pays out more than the amount received from the insurer, less any outstanding claims against the Customer that are due and payable.

5. If no separate insurance has been taken out, the flat-rate compensation of Article 16.3 applies to the loss of Cards in a submission to PSA. If the insurer refuses cover, this does not affect ICG’s own liability under Article 23.

16.3 Flat-rate compensation for loss of Cards in a submission to PSA

1. If a Card that ICG submits to PSA is lost during transport from ICG to PSA or while the Card is at PSA, ICG pays the Customer, per lost Card, flat-rate compensation that depends on the PSA Tier chosen for the Submission:

a. Silver: €50.00 per Card;

b. Gold: €100.00 per Card;

c. Platinum: €200.00 per Card;

d. Diamond: €300.00 per Card.

2. A Card counts as lost as soon as the carrier or PSA has confirmed the loss In Writing, or as soon as the Card has not been found within sixty (60) days after ICG has opened an investigation into the disappearance with the carrier or PSA. ICG opens that investigation without delay as soon as it establishes the disappearance or the Customer notifies it thereof, and keeps the Customer informed at least monthly.

3. The Customer does not need to demonstrate the extent of their loss. ICG pays the flat-rate compensation within thirty (30) days after the loss has been established in accordance with paragraph 2, by the same means of payment that the Customer used to pay or by bank transfer to an account specified by the Customer.

4. In addition to the flat-rate compensation, ICG refunds the fee for the unperformed part of the service for the lost Card in accordance with Article 22.3.

5. If ICG receives from PSA, the carrier or an insurer, for the lost Card, an amount higher than the flat-rate compensation, ICG instead pays out that higher amount in accordance with Article 7, paragraph 4. The flat-rate compensation and such payments are not cumulative.

6. If the Customer has taken out separate insurance for the Submission concerned in accordance with Article 16.2, this Article 16.3 does not apply and loss is compensated solely in accordance with the terms of that insurance and Article 7, paragraph 4.

7. This Article relates exclusively to loss of Cards. Article 23 applies to damage to Cards and to loss outside the period described in paragraph 1.

8. Towards Business Customers, the compensation under this Article is the sole and complete compensation for loss as referred to in paragraph 1, except in the event of intent on the part of ICG.

9. Towards Consumers, this Article applies without prejudice to the mandatory provisions of Book VI CEL. If the Consumer demonstrates that the loss is attributable to intent or gross negligence on the part of ICG or its appointees, or to the non-performance of an obligation that constitutes one of the main performances of the Agreement, they may claim compensation for their actual, demonstrated loss, less the flat-rate compensation already paid.

16.4 Customs and international risks

1. Customs formalities apply to shipments to and from countries outside the European Union. The Declared Value is decisive for the customs declaration.

2. All customs duties, import VAT, clearance and administration costs and similar levies are for the Customer’s account, unless expressly agreed otherwise. ICG passes these costs on to the Customer, producing the underlying documents.

3. ICG endeavours, where possible, to make use of the returned goods relief, in order to limit levies on return to the European Union. ICG does not guarantee that this relief will be applied or permitted in a specific case.

4. ICG is not liable for seizure, additional inspections, delays, additional documentation requirements or destruction by customs authorities, nor for changes in international transport or export restrictions, unless these result from an incorrect or incomplete declaration attributable to ICG.

Article 17 — Outcome of the Grading and return shipment

1. After receiving the result from the Grading Company, ICG informs the Customer and arranges the return shipment or — if agreed — collection or hand-over at a Drop-off Point.

2. Even if a Card is rejected, does not receive a numerical Grade, or is classified as altered or as not authentic, all costs of ICG and of the Grading Company remain payable in full. The Customer acknowledges that a rejection also requires assessment effort and that in that case the Grading Company’s fees are non-refundable. See also Article 22.4.

3. Return shipment is at the Customer’s expense, unless expressly agreed otherwise or unless the return shipment results from a failure on the part of ICG. The risk of return shipment passes to the Business Customer at the moment of handover to the carrier. For the Consumer, the risk passes only at the moment at which the Consumer, or a third party designated by them other than the carrier, physically takes receipt of the shipment.

4. The Customer is obliged to collect the return shipment within thirty (30) days of notification that it is ready, or to pay the return shipping costs.

5. If the Customer does not collect the Cards within that period, ICG is entitled to charge storage costs of €1.00 per Submission per day, up to a maximum of the invoice amount of the Submission concerned. ICG notifies the Customer of this in advance In Writing.

6. Article 18 additionally applies to Cards not collected.

Article 18 — Suspension, right of retention, pledge and uncollected Cards

1. ICG is entitled to suspend the performance of its obligations (defence of non-performance) and to retain the Cards (right of retention) until the Customer has paid in full everything they owe under the Agreement.

2. The Customer grants ICG a pledge over all Cards that ICG holds or obtains under the Agreement, as security for everything that ICG is or will be owed by the Customer under that Agreement. This pledge comes into being by the Cards being brought into ICG’s possession, in accordance with Title XVII of Book III of the former Civil Code (Pledge Act).

3. If the Customer, after a formal notice In Writing with a reasonable period of at least fourteen (14) days, still fails to pay, ICG is entitled to enforce the pledge in accordance with the Pledge Act. Towards a Consumer, ICG proceeds to enforcement only after prior authorisation by the competent court.

4. ICG notifies the Customer In Writing at least four (4) weeks before the intended enforcement, at the last known address and by e-mail, stating the outstanding claim, the Cards concerned and the method of enforcement.

5. The net proceeds are applied against the outstanding claim, increased by interest, storage costs and enforcement costs. Any surplus is paid to the Customer; ICG keeps the surplus available to the Customer for at least twelve (12) months.

6. Cards that, despite two reminders In Writing, have not been collected during twelve (12) consecutive months after notification that they are ready, are dealt with in accordance with the Act of 21 February 1983 on the sale of certain objects deposited and not collected. In that case ICG may proceed to sale, observing the formalities provided therein, after set-off as referred to in paragraph 5.

7. ICG never proceeds to sale as long as the Customer disputes the claim and that dispute is not manifestly unfounded, or as long as a complaint or insurance procedure as referred to in Articles 16 or 24 is pending.

Article 19 — Payment

1. All invoices must be paid in full before the Submission is shipped to the Grading Company, unless expressly agreed otherwise In Writing. As long as full payment is outstanding, ICG is not obliged to process or ship the Submission.

2. Payment is made via the payment methods offered on the website. ICG does not charge any fees for the use of a particular means of payment, except to the extent that the law permits it and it has been clearly stated in advance.

19.1 Consumers

3. If a Consumer does not pay on time, ICG sends them a first reminder, which is free of charge. In that reminder the Consumer is given a period of at least fourteen (14) calendar days to pay. That period begins on the third working day after the reminder is sent on paper, or on the working day after the reminder is sent by electronic means.

4. Only after that period has expired without full payment is the Consumer liable, by operation of law, for default interest at the statutory interest rate, and for damages of at most the amounts laid down in Book XIX CEL, namely: €20.00 for an outstanding amount up to and including €150.00; €30.00 plus 10% of the amount between €150.01 and €500.00 for an outstanding amount between €150.01 and €500.00; €65.00 plus 5% of the amount above €500.00 for an outstanding amount above €500.00, with a maximum of €2,000.00.

5. Book XIX CEL applies in full to Consumers. In the event of conflict, Book XIX CEL prevails over this Article.

19.2 Business Customers

6. Invoices to Business Customers are payable no later than the due date stated on the invoice, and failing that within fourteen (14) days of the invoice date.

7. In the event of late payment, the Business Customer owes, by operation of law and without formal notice, interest at the rate determined in the Act of 2 August 2002 on combating late payment in commercial transactions, as well as flat-rate compensation for recovery costs of €40.00.

8. In addition, the Business Customer owes flat-rate damages of fifteen percent (15%) of the outstanding amount, with a minimum of €150.00, without prejudice to ICG’s right to claim the costs actually incurred if these are higher.

9. Set-off or suspension by Business Customers is excluded.

19.3 General

10. Payments are applied first to costs, then to accrued interest and finally to the principal.

11. Consumers may invoke suspension and set-off in accordance with the law.

Article 20 — Chargebacks and disputing payments

1. If the Customer believes that an invoice has been charged wrongly or that ICG is in default, they first report this to ICG in accordance with Article 24, so that ICG can investigate and resolve the complaint. Article 22 applies to refunds.

2. Initiating a chargeback, reversal or payment dispute without prior notification as referred to in paragraph 1 constitutes, if the chargeback subsequently proves unfounded, a default on the part of the Customer.

3. The Customer’s payment obligation remains in full force once the service has begun, including during a pending payment dispute.

4. In the event of an unfounded chargeback, the Customer is obliged to pay:

a. the full invoice amount;

b. the chargeback fees and penalties actually charged to ICG by the payment service provider, producing the underlying documents;

c. the interest and damages in accordance with Article 19;

d. towards Business Customers, in addition, a fixed administration fee of €50.00 per chargeback.

5. ICG is entitled to suspend the processing of the Submission, to exercise its right of retention and pledge as referred to in Article 18, and to require prepayment by bank transfer for future Agreements.

6. This Article does not affect the Customer’s rights against their payment service provider, card issuer or bank. Dissatisfaction with the Grade awarded by the Grading Company does not, in view of Articles 6 and 8, constitute grounds for a justified chargeback against ICG.

Article 21 — The Consumer’s right of withdrawal

1. The Consumer has the right to withdraw from the distance Agreement without giving any reason within fourteen (14) calendar days after the day on which the Agreement was concluded, in accordance with Articles VI.47 et seq. CEL. For separate goods supplied by ICG, this period begins on the day after receipt of the goods.

2. The Consumer exercises the right of withdrawal by sending, within that period, an unequivocal statement to info@innercirclegrading.com or to the postal address in Article 1, optionally using the model withdrawal form attached to these Terms. ICG confirms receipt without delay on a durable medium.

3. Because ICG’s services generally begin within the withdrawal period, when placing the order the Consumer is expressly asked:

a. to expressly request that ICG begin performing the service before the withdrawal period has expired; and

b. to acknowledge that they lose their right of withdrawal as soon as ICG has fully performed the Agreement.

ICG confirms these statements to the Consumer on a durable medium.

4. If the Consumer has made both statements referred to in paragraph 3, the right of withdrawal lapses as soon as the service has been fully performed, that is to say as soon as the graded or rejected Cards have been returned to the Consumer or offered for collection (Article VI.53, 1° CEL).

5. If the Consumer withdraws from the Agreement after performance has begun at their express request but before it has been fully performed, they owe ICG an amount proportionate to the part of the service already provided at the time of withdrawal, in relation to the full agreed price (Article VI.51 CEL). This includes in any event the costs already incurred and which can no longer be undone, including shipping costs, insurance premiums, customs costs and the non-refundable fees owed to the Grading Company. From the moment the Submission has been handed over to the carrier for the benefit of the Grading Company, those fees are in principle owed in full.

6. ICG refunds the remaining amount paid by the Consumer without delay, and at the latest within fourteen (14) days of receipt of the withdrawal, by the same means of payment as the Consumer used to pay, unless expressly agreed otherwise and at no cost to the Consumer. The Cards are returned to the Consumer without delay.

7. If ICG has not correctly informed the Consumer about the right of withdrawal, the withdrawal period is extended by twelve (12) months, or ends fourteen (14) days after ICG has nevertheless provided the information (Article VI.48 CEL).

8. Business Customers have no right of withdrawal. Cancellation by a Business Customer is excluded once the service has begun. Cancellation before commencement is possible only with ICG’s consent In Writing and against reimbursement of the costs already incurred, plus a cancellation fee of €25.00 per Submission.

Article 22 — Cancellation, return shipment and refund

22.1 General

1. ICG’s services relate to the processing of the Customer’s personal property and to fees that ICG passes on to third parties — in particular the Grading Company and carriers — and cannot recover. The specific rules of this Article therefore apply to cancellation and refunds.

2. This Article does not affect the Consumer’s right of withdrawal (Article 21) or the Consumer’s other mandatory rights. In the event of conflict, Article 21 prevails.

22.2 Cancellation of an order

1. The Customer can cancel an order free of charge as long as:

a. ICG has not yet received the Cards and registered them in accordance with Article 14; or

b. performance of the service has not yet begun.

2. Performance begins at the moment at which ICG, after registering the Submission, starts the administrative preparation of the submission to the chosen Grading Company.

3. Cancellation is made In Writing via info@innercirclegrading.com, stating the submission number. ICG confirms the cancellation.

4. In the event of timely cancellation, ICG refunds the full invoice amount, less the costs actually already incurred and which can no longer be undone, including shipping costs. Cards already received are returned in accordance with Article 17.

5. After performance has begun, cancellation is excluded, subject to the Consumer’s right of withdrawal (Article 21) and the provisions of 22.3.

22.3 Refund

1. A refund is granted in any event if:

a. ICG has made an administrative error, including submission to the wrong Grading Company, in the wrong service category or of the wrong Card;

b. a service could not be performed for a reason not attributable to the Customer, including loss of the Card as referred to in Article 16.3;

c. the Customer cancels in good time in accordance with 22.2;

d. the Consumer validly withdraws in accordance with Article 21;

e. the Agreement is terminated on the basis of Article 5, paragraph 4 (price increase), Article 27 (force majeure) or Article 30, paragraph 3 (transfer of the business).

2. If a service has been partially performed, the refund is made proportionately. For Consumers, Article 21, paragraph 5 applies.

22.4 No refund

1. The fee for the service is not refunded in the event of:

a. dissatisfaction with the Grade, subgrades, labels or qualifications awarded (Articles 6 and 8);

b. rejection by the Grading Company, an outcome without a numerical Grade, or a qualification as altered or not authentic (Article 17, paragraph 2);

c. a difference between the Pregrade and the final Grade (Article 9);

d. services that have already been fully performed;

e. delay at the Grading Company or exceeding an indicative turnaround time (Article 15);

f. damage or delay caused by a carrier or by customs authorities.

2. Paragraph 1 relates exclusively to a refund of the fee for the service and not to damages. Refund and damages are distinct claims. The Customer’s right to payment under any insurance taken out (Article 16.2), to the flat-rate compensation (Article 16.3), to the passing on of what ICG receives from the Grading Company, the carrier or an insurer (Article 7, paragraph 4) and to damages under Article 23 remains fully intact.

22.5 Method and period of refund

1. A refund is made within fourteen (14) days after the right to it has been established, by the same means of payment as the Customer used to pay, unless expressly agreed otherwise. No costs are charged for a refund.

2. ICG is entitled to set off a refund against claims against the Customer that are due and payable.

3. Questions about cancellation and refunds can be addressed to info@innercirclegrading.com, stating the submission number.

Article 23 — Liability

1. ICG carries out its work with the care that may be expected of a normally prudent and reasonably competent intermediary.

2. ICG is liable for direct damage resulting from a failure attributable to it in the performance of its own obligations under the Agreement, subject to the limitations in this Article.

3. Without prejudice to Article 16.3, ICG’s liability per damage event or series of related damage events is limited to the highest of the following amounts:

a. the amount actually paid out in the case concerned by ICG’s liability or transport insurer, plus the excess; or

b. the amount that ICG receives for the Cards concerned from the Grading Company, the carrier or another third party; or

c. the Declared Value of the Card or Cards concerned; or

d. the invoice amount of the Submission concerned.

4. ICG is not liable for indirect damage or consequential loss, loss of profit, missed savings, missed sales opportunities, reputational damage, damage due to a missed increase in value or damage due to a fall in the value of Cards.

5. The limitations and exclusions in this Article and in Article 16.3 do not apply if and to the extent that:

a. the damage results from intent on the part of ICG or its appointees;

b. the Customer is a Consumer and the damage results from gross negligence on the part of ICG or its appointees, or from the non-performance of an obligation that constitutes one of the main performances of the Agreement, except in the case of force majeure (Article VI.83, 13° CEL);

c. the damage concerns death or personal injury;

d. the limitation would be contrary to mandatory law, including Article 5.89 CC, or would deprive the Agreement of its essential substance;

e. it concerns an obligation to refund under Article 5, paragraph 4, Article 21, Article 22 or a justified termination.

6. A claim for damages becomes time-barred:

a. towards a Consumer: in accordance with the statutory limitation periods;

b. towards a Business Customer: upon the lapse of twelve (12) months after the Business Customer became aware, or reasonably should have become aware, of the damage.

7. A condition for the arising of any right to damages is that the Customer reports the damage in accordance with Article 24 and gives ICG the opportunity to investigate the damage and, where possible, to remedy it.

8. As long as an investigation or an insurance or claims procedure is pending, no right to damages that is due and payable arises against ICG, provided that ICG conducts such a procedure diligently and informs the Customer at least monthly. The period referred to in paragraph 6(b) is suspended during that period.

Article 24 — Complaints, duty to notify and investigation

1. The Customer is obliged to check a returned Submission without delay upon receipt for completeness and visible defects.

2. Business Customers report visible defects and shortages In Writing within five (5) working days of receipt, and non-visible defects within fourteen (14) days of discovery, but no later than six (6) months after receipt. After these periods have expired, any right to complain lapses.

3. Consumers report a defect within a reasonable period after they discovered it or reasonably should have discovered it. A report within two (2) months of discovery is in any event timely. ICG urges Consumers to report transport and packaging damage within forty-eight (48) hours of receipt, because carriers and insurers apply short notification periods and a later report can demonstrably weaken the evidentiary position and the chance of compensation. Exceeding those forty-eight hours does not in itself lead to loss of rights.

4. Every complaint is submitted In Writing and with reasons to info@innercirclegrading.com, together with: the submission number, clear photos of the Cards and of the packaging (preferably with an unedited unboxing video), and all other relevant documentation.

5. The Customer keeps the Cards and the complete packaging until the complaint has been dealt with and makes them available for examination on request. If they fail to do so, their evidentiary position may be impaired.

6. ICG confirms receipt of a complaint within two (2) working days and responds on the substance within fourteen (14) days. If the substantive assessment requires more time, ICG will say so within that period, with an indication of the period within which the Customer may expect a substantive response.

7. Returns to ICG are accepted only after prior written consent and stating the return number provided by ICG. This provision does not affect the Consumer’s right of withdrawal.

8. Complaints do not suspend the payment obligation of Business Customers.

Article 25 — Evidence and records

1. ICG’s records and recordings, including receipt registrations, photo and video recordings, scans, e-mail correspondence and log files, may serve between the parties as evidence of the facts recorded in them.

2. Towards Consumers, this Article does not alter the statutory allocation of the burden of proof and does not restrict the Consumer’s means of evidence. The Consumer can always provide evidence to the contrary by all legal means.

3. Towards Business Customers, this Article counts as an evidentiary agreement within the meaning of Book 8 CC: ICG’s records provide full evidence of the facts recorded in them, subject to evidence to the contrary.

4. ICG retains the recordings referred to in paragraph 1 for at least twenty-four (24) months after completion of the Submission and makes them available to the Customer on request, to the extent that this does not conflict with the rights of third parties.

Article 26 — Indemnification

1. The Customer fully indemnifies ICG against all claims of third parties, and compensates all resulting damage and reasonable costs of legal assistance, arising from or connected with:

a. the ownership of, or entitlement to, the Cards submitted;

b. (alleged) infringement of intellectual property rights;

c. the provenance of the Cards, including a suspicion that they originate from a crime;

d. an incorrect or misleading Declared Value;

e. incorrect, incomplete or misleading information from the Customer, including concealment of earlier treatment or earlier rejection as referred to in Article 11, paragraph 1(d);

f. a breach by the Customer of any provision of these Terms.

2. The indemnification does not apply to the extent that the claim results from intent or gross negligence on the part of ICG.

3. ICG informs the Customer without delay of a claim by a third party, does not settle it without prior consultation with the Customer, and gives the Customer the opportunity to conduct or contribute to the defence.

4. Towards Consumers, this indemnification applies only to the extent that the third party’s claim is attributable to a fault of the Consumer.

Article 27 — Force majeure

1. ICG is not obliged to perform any obligation and is not liable for damage or delay if it is prevented from doing so by force majeure, that is to say a circumstance that is not attributable to ICG and that makes performance impossible.

2. Force majeure is in any event understood to include, to the extent that the conditions of paragraph 1 are met: war, threat of war, terrorism, riot, epidemics and pandemics, natural disasters, extreme weather conditions, fire, water damage, burglary, theft or robbery, power and telecommunications outages, cyber-attacks, strikes, transport restrictions, closure of airspace, customs measures, import and export restrictions, sanctions, government measures, as well as business closure, policy change, lack of capacity or insolvency on the part of the Grading Company, carriers or other third parties engaged by ICG.

3. If the force majeure lasts longer than sixty (60) days, either party may terminate the Agreement In Writing for the unperformed part, without being obliged to pay damages.

4. In the event of termination under paragraph 3, ICG refunds what was paid for the unperformed part, less costs already incurred and which can no longer be undone, and returns the Cards to the Customer.

5. ICG informs the Customer without delay of a force majeure situation affecting the performance of the Agreement.

6. This Article does not affect Article 16.3.

Article 28 — Personal data and visual material

1. ICG processes personal data in accordance with the General Data Protection Regulation (GDPR) and the Belgian Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data. How this is done is described in the privacy statement at www.innercirclegrading.com.

2. ICG discloses personal data to third parties only to the extent necessary for the performance of the Agreement — including to the Grading Company, carriers, customs authorities, insurers and payment service providers — or to the extent that a legal obligation to do so exists.

3. The Customer acknowledges that shipping to the Grading Company may mean that personal data are transferred to countries outside the European Economic Area, including the United States. ICG puts appropriate safeguards in place in accordance with Chapter V GDPR.

4. ICG may use visual material of Cards that it makes in the context of registration, checking and documentation for evidentiary, insurance and administrative purposes.

5. ICG uses visual material of Cards in marketing communications, including on social media, only:

a. without stating the Customer’s name or other identifying data; or

b. with the Customer’s express consent, obtained in advance and revocable at any time.

6. The Customer can withdraw their consent to marketing use at any time via info@innercirclegrading.com. ICG removes the material concerned from its active communications within a reasonable period.

7. The Customer can lodge a complaint about the processing of their personal data with the Data Protection Authority (www.gegevensbeschermingsautoriteit.be).

Article 29 — Intellectual property

1. All intellectual property rights in ICG’s website, design, texts, photos, videos, logos and other communications belong to ICG or its licensors.

2. The Customer is not permitted to reproduce, make public or commercially exploit this material without prior consent In Writing, subject to the statutory exceptions.

3. The Customer grants ICG a non-exclusive, royalty-free right to use the visual material of the Cards made by ICG in accordance with Article 28, paragraphs 4 and 5.

4. Trademarks and logos of Grading Companies, publishers and rightsholders in the Cards depicted remain the property of their respective rightsholders. ICG’s mention of them does not imply any cooperation, endorsement or affiliation.

Article 30 — Amendment of the Terms and assignment

1. ICG is entitled to amend these Terms. Amendments do not apply to Agreements already concluded, unless the Customer has agreed to the amendment.

2. ICG notifies the Customer In Writing of any material amendment at least thirty (30) days before it takes effect. A Consumer with an ongoing agreement of indefinite duration who does not agree to the amendment is entitled to terminate that agreement free of charge with effect from the date the amendment takes effect.

3. ICG is entitled to transfer its rights and obligations under the Agreement to a third party in the context of a transfer of (part of) its business. ICG informs the Customer of this in advance. In that case a Consumer is entitled to terminate the Agreement free of charge.

4. The Customer cannot transfer their rights and obligations under the Agreement to a third party without ICG’s prior consent In Writing.

5. ICG is entitled to engage third parties in performing the Agreement. ICG remains responsible towards the Customer for the performance of its own obligations, subject to Articles 6, 13.2 and 23.

Article 31 — Governing law and disputes

1. All Agreements and these Terms are governed exclusively by Belgian law. The applicability of the Vienna Sales Convention (CISG) is excluded.

2. The choice of law in paragraph 1 does not affect the protection that a Consumer enjoys under the mandatory provisions of the law of the country in which they have their habitual residence (Article 6(2) Rome I Regulation). For Consumers whose habitual residence is in the Netherlands, this means, among other things, that the mandatory consumer provisions of the Dutch Civil Code remain applicable to the extent that they offer more protection.

3. Disputes with Business Customers are submitted exclusively to the Antwerp Enterprise Court, Antwerp division, without prejudice to ICG’s right to bring a dispute before the court that would have jurisdiction without this provision.

4. Disputes with Consumers are submitted to the court having jurisdiction under the law. The Consumer may bring proceedings before the court of their place of residence or of ICG’s place of establishment. ICG may bring proceedings against a Consumer only before the court of the Consumer’s place of residence.

5. Before a dispute is submitted to the court, the parties shall endeavour to resolve the dispute by mutual consultation in accordance with Article 24.

6. For out-of-court dispute resolution, Consumers can turn free of charge to the Consumer Ombudsman Service (www.consumentenombudsdienst.be), which investigates the complaint or refers it to the competent body. For cross-border disputes within the European Union, Consumers can contact the European Consumer Centre free of charge (www.eccbelgie.be or www.eccnederland.nl). The European ODR platform was discontinued as of 20 July 2025.

Annex — Model withdrawal form

Complete and return this form only if you wish to withdraw from the contract.

To: Inner Circle Grading, Tabakvest 87, box 4908, 2000 Antwerp, Belgium — info@innercirclegrading.com

I/We (*) hereby give notice that I/we (*) withdraw from our contract concerning the provision of the following service / the sale of the following goods (*):

Ordered on (*) / Received on (*): ……………………………………….

Submission number: ……………………………………….

Name of consumer(s): ……………………………………….

Address of consumer(s): ……………………………………….

Signature of consumer(s) (only if this form is submitted on paper): ……………………………………….

Date: ……………………………………….

(*) Delete as appropriate.

Inner Circle Grading · Tabakvest 87, box 4908, 2000 Antwerp · Company number BE 1035.315.147 · Version 3.1 — last amended on 13 October 2026