GENERAL TERMS AND CONDITIONS OF THE CARD AUTHENTICATION (Gradeo or Grading) SERVICE PROVISION AGREEMENT
1. THE COMPANY
Fantasy Cards Authenticator S.L. (FCA) with registered offices at Barrio Mendieta, 4, Ayala / Aiara, 01477, Araba / Alava (Spain), with Tax ID [CIF] No. B10916229, is the owner of the Fantasy Card Authenticator brand and the website https://fantasygrading.com/en.
The company is engaged in the authentication, certification, encapsulation, protection and preservation of all manner of collectible items in the broadest possible sense. It also develops and deploys new technologies for the collectibles industry, as well as other related fields of online resources.
Under its FCA brand, it offers a service known among collectors as grading or gradeo via its website, which consists of a card authentication service .
FCA applies its experience, knowledge and reliability to its work, all of which has been acquired through years of collecting by its employees. The company is the creator and owner of the exclusive design of the FCA Grading Label which serves as a guarantee of its authentication process.
2. USERS
Those interested in the services offered by the company must first obtain user status by registering via the website. This process requires the acceptance of these general terms and conditions. Failure to do so will mean that the process and the services offered cannot be initiated or purchased.
Any user requesting FCA services intends to procure a service offered by the company (mainly the authentication of their cards) in exchange for the payment specified on the website and accepting the terms and conditions set out in the grading or authentication process.
The user voluntarily submits their card(s) to the grading or authentication process, in recognition of the knowledge, experience, good faith and reliability guarantees of FCA and the professionals responsible for providing said service.
The user has voluntarily selected FCA for one or more of the services offered by said company and has read and agreed to these general terms and conditions of the contract and all relevant matters disclosed by FCA on its website.
3. PRE-PURCHASE SERVICE CONDITIONS
FCA provides an authentication certificate that includes the encapsulation of the card in an original and exclusive case.
For this reason, only cards that meet certain requirements in terms of size and characteristics will be accepted:
- FCA has two different cases available. The first is designed for standard size cards, 63x88mm, such as Pokémon, Magic, Dragon Ball, etc. The second is designed for 59x86mm cards, the standard size of Yu-Gi-Oh cards, among others. Before sending their cards, users should consult the full list of collections by visiting the following section of the FCA website: https://fantasygrading.com/en/cards-we-grade/.
- FCA only authenticates cards in RAW format, i.e., exactly as they come out of the envelope.
- FCA does not authenticate signed cards. However. cards that include a factory-printed signature are accepted by the FCA for grading or authentication. The difference is that in the latter case there is no uncertainty regarding the origin of the signature (as it is printed together with the rest of the card), That said, the card must be verified as an original and its state of preservation assessed.
- In the event that a submitted card turns out to be fake (also known as a counterfeit), it will be returned in the same condition in which it was sent to the FCA, together with an acknowledgement of its inauthenticity . Counterfeit cards will not be graded or encapsulated. The grading service is charged in full, therefore no refund will be provided in said case.
4. BRIEF DESCRIPTION OF THE GRADING OR AUTHENTICATION PROCESS
FCA receives the card(s) sent by the registered user who wishes to avail themselves of the authentication service offered by FCA.
The user is welcome to consult FCA, free of charge regarding the characteristics of their card if they so wish.
FCA submits the card(s) for authentication, which culminates in the delivery of the encapsulated card(s) to the user together with the requested certificate of authenticity.
Step 1: This involves registering receipt of the order in our system so that it is added to the order queue. An email is then automatically sent to the user to inform them that their cards are now safe in the hands of FCA.
Step 2: When the order reaches the front of the queue, the package is opened, and the cards are carefully prepared for the authentication process. The cards are removed from any protective elements that the user has included using gloves, and are deposited in protective boxes that serve the dual purpose of protecting the cards and identifying the items that make up the order. These boxes (one per order number) are then deposited at the authentication booth to initiate the next step.
Step 3: At this point, one of FCA’s professionals will begin to examine the order. First, they will link their employee ID to the cards to be authenticated in order to allow the company to track their work for our continuous improvement program.
Once the cards have been entered into the system, the initial pre-screening process (the one that scores the cards) will be conducted to determine whether or not the cards are authentic.
The feel, appearance, thickness, weight, holographic patterns, internal layers and other characteristics such as color or even text content, will be analyzed for spelling mistakes or typos. The FCA has forensic documentation machinery that facilitates a more exhaustive analysis of the surface of the card and its chromatic composition. Digital image magnification equipment, measuring software, precision scales and other support tools are also used.
If the card cannot be verified as an original, it will be marked as IMITATION / FAKE / COUNTERFEIT and will be returned to the user and any information pertaining to said card will then be deleted from the FCA database.
Step 4: Having determined the authenticity of the card, extensive measurements and analysis will then be carried out to assess its condition. This includes centering, surface, corners and edges and other elements specified at https://fantasygrading.com/en/grading-standards/.
All the information obtained is entered into FCA’s exclusive computer program which, by means of statistical calculations, establishes the rating for each card. The labelling process begins after all the information has been registered in the FCA database.
Step 5: The labels will be created for the cards. They will include all the relevant information: name of the card, collection number, expansion, partial scored and final score.
The FCA label
The label is the most valuable part of the service offered by FCA as it provides the evaluation and rating of the card. The security features of the label are vital in order to prevent counterfeiting. FCA and its users and collectors are aware that this label adds value to FCA’s authentication service.
The label is created using a premium material, which is difficult to replicate. This contributes to the guarantee of durability and authenticity of our certificate. A glossy effect has been applied to the label as an extra anti-replication measure and several sections printed with invisible ink have been included, which are made visible by shining black or ultraviolet light on the label.
Each card graded or authenticated by FCA has a digital and physical certificate of authentication that guarantees its originality. All the details of each FCA-certified card can be checked via the website using the codes provided.
Step 6: The cards are then encapsulated. This process consists of sealing the card and the label inside a special case using ultrasound technology, which ensures their protection and long-term preservation.
The FCA case
This is one of the most exclusive features of the FCA service. The authenticated card is encapsulated in FCA’s unique case so that it cannot be tampered with and the FCA’s guarantee seal acts as an indelible certificate of authenticity.
It is designed to be extremely difficult to open once sealed. The sealing is carried out using ultrasound and the only way to remove the card from inside our case is by breaking it. There is a high risk of irreparably damaging the card in the process, which is why the FCA strongly advises against doing so.
In addition, FCA only endorses the authentication processes and guarantee seals of cards encapsulated in their own cases which have not been subsequently tampered with.
Step 7: After the cards have been sealed in their respective cases, they are placed individually in transparent plastic sleeves (an additional layer of protection for the case) and stored in FCA’s exclusively designed presentation boxes.
Finally, they are shipped using the necessary security measures to ensure safe delivery through FCA’s network of carriers. The user will receive an email notifying them of the shipment of their cards when the corresponding order is created.
5. FCA AND USER OBLIGATIONS
5.1. USER OBLIGATIONS
The user voluntarily enters into a contract with FCA by registering in advance, accepting these general terms and conditions of the contract and acknowledging that they have been informed of all the information set out on the FCA website.
The user declares that they wish to obtain authentication or grading of one or more of their cards and, in order to obtain said service they are required to send these cards to FCA and agree to pay the price indicated on the website for it.
The user must choose the type of grading or authentication at https://fantasygrading.com/en/shop/ and follow the instructions set out therein, by providing the required information and completing the invoicing and payment process via bank transfer.
The user must select the shipping method and the company that will be entrusted with the shipment; the user must bear the shipping costs and risk of damage that their card may suffer in transit (please consult: https://fantasygrading.com/en/the-5-steps-you-need-to-know-to-securely-send-your-cards-to-be-graded/ ).
The user accepts the rates and prices proposed by FCA which can be consulted at https://fantasygrading.com/prices. All prices include 21% VAT and show the prices for authentication service per card.
It should be noted that the price of the grading or authentication service depends on the face value of each individual card. Face value is defined as the estimated market price of a particular card based on its state of preservation. FCA reminds the user that, in the event of loss or damage during transport of the cards to FCA’s headquarters, the insurance (if taken out) will only apply to the total declared value of the order (the sum of all the cards that comprise the shipment).
FCA currently offers a standard and an express service. In either case, If you send us 10 cards or more, you will receive a 10% discount on the price of the standard grading service. The costs of the express grading service, shipping and shipping insurance are excluded from this discount. The discount is applied directly during the order process, before payment.
As regards the right of withdrawal for those customers purchasing services that are not in commercial establishments, FCA hereby invokes the provisions of article. 103 a) – exceptions to the right of withdrawal – of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws for the contract it enters into with users:
The right of withdrawal shall not apply to contracts relating to: The provision of services, once the service has been fully executed, and if the contract imposes on the consumer or user an obligation to pay, when the service has begun, with the prior express consent of the consumer or user and with the knowledge on their part that, once the contractor has fully executed the contract in full, they will have lost their right of withdrawal.
In the event that the withdrawal by the user occurs and does not fall within the above exception, the return of the card sent may be requested at the cost of the user, who must send the information contained in Appendix I, included at the end of these terms and conditions as an attachment to the form that can be found at https://fantasygrading.com/en/contacto/.
5.2 FCA OBLIGATIONS
The time required to authenticate and encapsulate a card is calculated per working day (Monday to Friday, excluding public holidays), from the moment FCA receives the cards at its premises until they are sent for delivery. Please note that the time period shown on the website is merely an estimate and is therefore not guaranteed (see: https://fantasygrading.com/prices ).
FCA currently accepts orders from any country in the European Union. Orders from the UK are also accepted; however, statutory customs duties and taxes will apply.
FCA reserves the right to modify, without prior notice, any of its services. Orders placed under conditions prior to any modification shall maintain the conditions stipulated at the time of placing the order.
6. COMPETENT JURISDICTION AND APPLICABLE LAW
Both parties agree to submit any dispute arising from this card authentication services contract to the jurisdiction of the corresponding judicial bodies in Vitoria-Gasteiz.
The European Commission has an alternative dispute resolution platform, which can be accessed via: http://ec.europa.eu/consumers/odr/.
Fantasy Cards Authenticator S.L. is not a member of any association or organization that offers an out-of-court dispute resolution system.
For any matters not provided for in these general terms and conditions, the parties shall be bound by the provisions of the current Spanish legal regulations.
7. INDUSTRIAL AND INTELLECTUAL PROPERTY
All distinctive logos, trademarks, business names, content, structure, design and form of presentation of the elements and any other information that appears on this website are the property of Fantasy Cards Authenticator S.L. itself or an authorized assignee and are protected by the corresponding industrial and intellectual property rights.
The user is prohibited from reproducing, transforming, distributing, publicly communicating and, in general, any other form of exploitation of the elements referred to in the previous section without the express consent of Fantasy Cards Authenticator S.L.
The user shall refrain from using any means that may suppress, alter, evade or manipulate any protection devices or security systems that may be installed and that may lead to risk, damage or disablement of the website and/or its contents.
Fantasy Cards Authenticator S.L. is not responsible for the possible inappropriate use that third parties may make of this website, nor for the information that they may communicate to third parties through it. The use of the content by the user and any consequences or damages that may arise as a result are the sole responsibility of the user. Fantasy Cards Authenticator S.L. is not liable for damages of any kind caused to users through the use of links, directories and search tools that allow users to access websites belonging to and/or managed by third parties, as well as the presence of viruses or other malicious elements in the content that may cause damage to the users’ computer system, electronic documents or files. Fantasy Cards Authenticator S.L. reserves the right to pursue any legal action it deems appropriate arising from any unlawful use by third parties of the contents of its website.
In any case, Fantasy Cards Authenticator S.L. reserves the right to modify, at any time and without prior notice, the presentation and configuration of the website, as well as these General Terms and Conditions.
8. AVAILABILITY OF THE FCA AUTHENTICATION OR GRADING SERVICE
The authentication or grading service is continuously available, 24 hours a day. FCA informs the user that there may be exceptions or interruptions in the availability or operation of the service due to circumstances beyond FCA’s control (technical issues with Internet providers, telecommunications, issues with the purchase terminal, etc.), which may result in an extension of the purchase period.
9. CUSTOMER SERVICE
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