Our FAQs provide more details about the way in which we provide our services but do not form a part of these Terms.
1.2 Are you a business customer or a consumer? In some areas you will have different rights under these Terms depending on whether you are a business or consumer. You are a consumer if:
– You are an individual.
– You are buying products from us wholly or mainly for your personal use.
1.3 If you are a business customer this is our entire agreement with you. If you are a business customer these Terms constitute the entire agreement between us in relation to the supply to you of our services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
2.2 You are able to contact Ruby Grading by emailing info@rubygrading.com or by writing to us at Ruby Grading, 25 Town Square, Stevenage, Hertfordshire, United Kingdom.
2.3 If it is necessary to make contact with you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order or on your account.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these Terms, this includes emails.
3.2 If we are unable to accept your order, we will inform you and will not charge you for the service.
3.3 We’ll assign a reference number to your order once it’s confirmed and will inform you what it is. Please have this reference on hand whenever you need to contact us about your order.
3.4 Our services are currently limited to the UK and EU. While our website showcases what we offer, we can only fulfill orders with service addresses located within the United Kingdom or the European Union.
4.2 Package design subject to change: The packaging you receive may differ from what’s pictured on our website.
6.2 If we need to make significant changes to our services or these terms, we’ll notify you directly or through a website announcement. You’ll then have the option to cancel your contract before the changes take effect and receive a refund for any unused service fees.
7.2 We’ll continue providing the services until they’re complete, or until you terminate the contract according to clause 8. Similarly, we can terminate the contract by providing you written notice as outlined in clause 10.
7.3 We can’t be held responsible for situations beyond our control that cause service delays (e.g., lockdowns, postal disruptions). In such cases, we’ll promptly inform you through individual contact or a website notice. We’ll also take steps to minimize the impact. As long as we communicate effectively, we won’t be liable for these delays. However, if there’s a significant delay risk, you can choose to terminate the contract and receive a refund for any unused services.
7.4 Delivery. We partner with a third-party delivery service, they take responsibility to get your order to you. Once your package leaves our warehouse, they take responsibility for ensuring it reaches the address you provided during checkout.
7.5 Missed deliveries: If you’re unavailable when the delivery arrives and the package (slabs, cards, etc.) is too large for your mailbox or considered unsafe for the delivery provider to leave, they’ll contact you to arrange redelivery or collection from a nearby depot. Please note that once the delivery provider shows proof of delivery, both they and we will consider your order delivered and assume no responsibility for any missing items. If you don’t reschedule delivery or pick up your order from the designated depot (as instructed by the delivery provider) after a failed delivery attempt, you may incur storage fees from the delivery company and additional charges for any subsequent delivery attempts.
7.6 When you own goods. You own a product which is goods once we have received payment in full and any relevant services connected to them have been completed (i.e. slabs, labels).
7.7 Incomplete or missing information: To deliver the services, we may require specific information from you (more details available in our FAQs). If you don’t provide this information within a reasonable timeframe after our request, or if the information is incomplete or inaccurate, we reserve the right to either terminate the contract or apply a reasonable additional fee to cover any extra work caused by this. We won’t be held liable for delays or undelivered services resulting from your failure to provide the necessary information promptly.
7.8 Service interruptions: In some instances, we may need to temporarily suspend service delivery to:
(a) Address technical issues or implement minor technical adjustments.
(b) Ensuring our services comply with updated laws and regulations.
(c) Make service modifications as you request or as notified by us (refer to clause 6 for details).
7.9 Your rights during service suspension: We’ll notify you (personally or via a website announcement) if we need to suspend service delivery, unless it’s an urgent issue
8.2 Terminating Due to Our Actions: You can immediately terminate the contract and you may receive a full refund for undelivered services if any of the following reasons apply (see clauses referenced for details):
(a) Changes We Notify You Of: You disagree with a planned service or term change outlined in clause 6.2.
(b) Pricing or Description Errors: We inform you of an error in the price or description of your ordered services, and you choose not to proceed.
(c) Technical Service Suspension: We’ve suspended service delivery for technical reasons for more than 3 months, or notified you of an upcoming technical suspension exceeding 3 months.
(d) Significant Delay Risk: There’s a high likelihood (over 3 months) that service delivery will be significantly delayed due to unforeseen circumstances
(e) Our Breach of Contract: You have legal grounds to terminate due to our actions.
8.3 You have 14 days to cancel from the day we confirm your order via email. However, this right is voided once we complete the service, even if within the 14-day window. If you cancel after we’ve begun, you’ll owe payment for services rendered up to that point. This includes situations where we’ve partially completed services on some cards.
9.2 How we will refund you. If we believe that you are entitled to a refund under these Terms we will refund you the price you paid for the services including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
9.3 When we may make deduction from refunds if you are a consumer exercising your right to change your mind.
(a) Deductions for Change-of-Mind Refunds (Consumers): If you cancel based on a change of mind, we may deduct a proportional amount from your refund to cover the services provided up to the point of cancellation. This includes situations where we’ve authenticated/graded a card (but not encapsulated it) or partially completed services on some cards. The deduction will reflect the completed portion of the service relative to the entire contract.
(b) For delivery cost refunds, the maximum amount will be equivalent to our most affordable delivery option. For instance, if we offer standard delivery (3-5 days) at a lower cost and you choose expedited delivery (24 hours) for a higher fee, we’ll only refund the standard delivery cost.
9.4 Refund Timing: We’ll process all due refunds as soon as possible. However, for consumers canceling due to a change of mind:
(a) Your refund will be made within 14 days from the day that you tell us that you’ve changed your mind
10.2 If we terminate the contract due to the reasons outlined in clause 10.1, we’ll provide a refund for any undelivered services you pre-paid. However, we may deduct a reasonable administrative fee to cover our net costs incurred as a result of your contract breach.
10.3 Service or Product Discontinuation: We may notify you (via email or website announcement) of our decision to discontinue offering the services or any related products (e.g., slabs, labels).
13.2 Subject to clause 13.3, if you encounter an issue with a product (e.g., slabs or labels) not meeting the warranties outlined in clause 13.1, you must follow these steps:
(a) Timely Notification: Inform us in writing within one month of receiving the product.
(b) Examination Opportunity: Provide us with a reasonable chance to examine the product.
(c) Product Return: Return the product to us as instructed.
Upon receipt of your product and adherence to these conditions, we will, at our discretion, offer one of the following remedies:
– Repair the product
– Replace the product with a non-defective one
– Issue a full refund for the defective product (or a proportional amount for a partial service)
13.3 Our warranty coverage outlined in clause 13.1 may be voided if any of the following conditions apply:
(a) Further Use After Notice: You continue to use the product after submitting a warranty claim following clause 13.2(a).
(b) Improper Use or Storage: The defect arises from your failure to follow our provided instructions regarding product storage, installation, use, or maintenance (or industry best practices if no instructions are provided).
(c) Customer-Supplied Specifications: The defect results from us adhering to drawings, designs, or specifications you supplied.
(d) Unauthorized Alterations: You modify or repair the product without our written approval.
(e) Standard Exclusions: The defect is caused by reasonable wear and tear, deliberate damage, negligence, or unusual operating conditions.
13.4 Beyond the warranties specified in this clause 13, we hold no other liabilities related to product failures to meet the guarantees outlined in clause
13.5 The terms and conditions outlined in this agreement apply equally to any repaired or replacement products we provide under clause 13.2.
14.2 Pricing Errors: While we make every effort to maintain accurate pricing for all services (and products), occasional errors may occur. If the correct service (or product) price on your order date is higher than the advertised price, we’ll contact you for confirmation before accepting your order.
In rare instances, a pricing error may be significant and clearly incorrect, easily recognizable by you as a mispricing. In such cases, even if we accept and process your order, we reserve the right to terminate the contract, issue a full refund for any payments made, and request the return of any delivered products.
14.3 Payment Schedule and Methods. For more details on payment options, please refer to our FAQs. Here’s a summary:
Service Payments: You’ll be responsible for payment after our services are complete.
14.4 Offset Limitations (Business Customers):
As a business customer, you’re required to settle all outstanding balances due under these terms in full, without any deductions, counterclaims, or withholding (except for legally mandated tax withholdings).
14.5 If you believe an invoice is incorrect, please contact us immediately. We’ll hold off on any late payment interest charges until the dispute is settled. Once the issue is resolved, interest on the correct invoice amount will be applied from the original due date.
Compensation for Losses:
In the unlikely event of a loss associated with your card while in our care, our liability is limited to our Fair Market Value Policy we determine using the methods described above. However, you have the opportunity to provide input on the compensation calculation after we assess the FMV.
We will always consider your input seriously and strive to reach a fair and equitable resolution that ensures your satisfaction.
Final Decision:
While we value your input, Ruby Grading’s final judgment regarding FMV and compensation will be considered final. Rest assured, we are committed to acting fairly and ethically in all situations.
15.2 We are committed to providing you with services while upholding the highest standards. This means we will never try to limit our liability in situations where the law prohibits it.
15.3 We are not liable for business losses. These terms and conditions apply when you purchase products for personal, domestic use. If you intend to use the products for any commercial purpose, business use, or resale, our liability to you will be limited as set out in clause 16.
Consumer vs. Business Customer Liability:
We are not liable for business losses you experience, even if we are found negligent. Our liability for losses incurred by business customers is outlined in clause 16. Please refer to that clause for specific details.
16.2 Except to the extent expressly stated in 13.1 terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
16.3 Subject to clause 16.1:
(a) Our liability to you, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us, shall be excluded.
(b) The insurance exclusion at clause 15.1 shall apply.
(c) Our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the price of the services paid for out of which the liability arises.
18.2 You may only transfer your rights under these Terms to another person with our written consent. We retain the right to transfer our rights under these Terms without requiring your consent.
18.3 This contract only applies to you and us. No other person has the right to enforce its terms, except for someone you transfer your guarantee to.
18.4 If any part of these Terms is found to be unlawful, void or unenforceable, that part will be removed without affecting the rest of the Terms. The remaining Terms will continue to be valid and enforceable.
18.5 If we delay enforcing our rights under these Terms or do not immediately act on a breach by you, this does not mean we waive those rights. We can still enforce the Terms at a later date. For example, if you miss a payment, we may still require you to pay, even if we continue to provide our services.
18.6 This contract is governed by English law. If you are a consumer, you may bring legal proceedings in respect of the products in the English courts. If you live in Scotland or Northern Ireland, you may bring legal proceedings in respect of the products in either the Scottish, Northern Irish, or English courts.
18.7 This contract is governed by English law. Disputes arising from this contract will be resolved exclusively in the English courts.
