Terms and Conditions of Collector Membership
This document sets out the terms and conditions on which you may become a collector member of NGC Hong Kong Limited (“NGC Hong Kong”).
Depending on the level of membership that you have selected, your membership may entitle you to submit collectibles for grading (in the case of coins, banknotes, stamps, and other collectibles) or conservation (in the case of coins) (together, “Services”) as well as receive other benefits.
Services are provided by NGC Hong Kong in Hong Kong and by affiliated companies within the Certified Collectibles Group of companies (the “CCG Companies”) outside of Hong Kong. The CCG Companies include, without limitation, Numismatic Guaranty Corporation (“NGC”), a Florida, USA, corporation; Numismatic Conservation Services, LLC (“NCS”), a Florida, USA, limited liability company; Paper Money Guaranty, LLC (“PMG”), a Florida, USA, limited liability company; Certified Guaranty Company, LLC (“CGC”), a Florida, USA, limited liability company; Classic Collectible Services, LLC (“CCS”), a Florida, USA, limited liability company; Authenticated Stamp Guaranty, LLC (“ASG”), a Florida, USA, limited liability company; and Collectibles Authentication Guaranty, LLC (“CAG”), a Florida, USA, limited liability company.
1.1 What these terms cover. These are the terms and conditions on which you become a collector member of NGC Hong Kong.
1.2 Why you should read them. Please read these terms carefully before you apply to be a member. These terms tell you who we are, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
INFORMATION ABOUT US AND HOW TO CONTACT US
2.1 Who we are. We are NGC Hong Kong Limited, a company registered in Hong Kong. Our company registration number is 1953350 and our registered office is at 1208-1210, 12/F, The Gateway, Tower 1, Harbour City, Kowloon, Hong Kong.
2.2 How to contact us. You can contact us by telephoning our customer service team on +852 2115 3639 or by writing to us at Service@PMGnotes.hk or at 1208-10, 12/F, The Gateway, Tower 1, Harbour City, Kowloon, Hong Kong.
2.3 How we may contact you. If we have to contact 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 application for membership.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
OUR CONTRACT WITH YOU
3.1 How we will accept your application.Our acceptance of your application will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your application. If we are unable to accept your application, we will inform you of this in writing and will not charge you. This might be because of unexpected limits on our resources which we could not reasonably plan for or because you do not qualify for membership because, for example, you are under 18 or because you are a dealer.
3.3 Your membership number. If you select a paid membership level, we will assign you a membership number and tell you what it is when we accept your application. It will help us if you can tell us the membership number whenever you contact us about your membership.
3.4 These terms only applicable to Hong Kong. These terms are solely for collectors who submit to NGC Hong Kong. If you wish to submit to a CCG Company outside of Hong Kong, you will need to agree to the terms of that company.
3.5 Age restriction. You must be 18 or over to be a member.
3.6 These terms not available to dealers or businesses. These terms are solely for consumers. Membership on these terms is not available to dealers or anyone else in the course of a business.
3.7 One membership per household. Membership on these terms is strictly limited to one membership per household.
3.8 Compliance with Procedures and Rules. As a member, you agree to be bound by and comply with the procedures and rules of the CCG Companies as the same may be prescribed by each CCG Company from time to time.
YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to your membership or to your application for membership, please contact us. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the membership or application or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9.2).
OUR RIGHTS TO MAKE CHANGES
5.1 Minor changes to your membership. We may change the terms of your membership:
(a) to reflect changes in relevant laws and regulatory requirements where those changes do not have a materially adverse effect on your membership; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not materially affect your membership.
5.2 More significant changes to your membership. If we decide that we need to make changes to your membership that would adversely affect you such as a material reduction in the benefits that you may enjoy as a member, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any remaining period of your membership. You cannot receive a refund in full if the membership level that you selected granted you a grading credit and you have already used the some or all of this grading credit.
6.1 When we will provide your membership You will be eligible to enjoy the benefits of membership as soon as you have been notified that your application for membership has been accepted.
6.2 How long may I use your Services? You may use our Services for as long as you are a member and as long as your membership has not been suspended for any reason.
6.3 Reasons we may suspend your membership. We may have to suspend your membership to:
(a) deal with technical problems or make minor technical changes;
(b) update our Services to reflect changes in relevant laws and regulatory requirements;
(c) while we investigate any serious breach by you of these terms (see clause 11).
6.4 Your rights if we suspend your membership. We will contact you in advance to tell you we will be suspending your membership, unless the problem is urgent or an emergency. If we have to suspend your membership for longer than 28 days in any 12-month period we will adjust the price so that you do not pay for membership while they are suspended. You will not receive a price adjustment if the membership level that you selected granted you a grading credit and you have already used the some or all of this grading credit.
6.5 We may also suspend your membership if you do not pay. If you do not pay us for all or any part of the membership or for the Services you have ordered either from NGC Hong Kong or a CCG Company when you are supposed to (see clause 14.2) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend your membership and therefore your ability to use our Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending your membership. We will not suspend your membership where there is a reasonable dispute about the unpaid amount (see clause 14.5). As well as suspending your membership, we can also charge you interest on your overdue payments (see clause 14.4) or end the contract (see clause 11.1(a)).
7.1 Introducing Services. One of the benefits of being a member is the ability to submit a collectible for Services.
7.2 NGC Hong Kong. NGC Hong Kong provides its Services in Hong Kong. NGC Hong Kong may contract to have certain Services provided outside of Hong Kong by CCG Companies.
7.3 Responsibility for Services. Each CCG Company is a separate business and is independently responsible for the provision of its Services. Complaints or questions regarding Services requested through NGC Hong Kong should be sent to NGC Hong Kong.
8.1 Application of Guarantee. We provide both your membership and our Services under our contracts with you in accordance with the applicable guarantee (the “Guarantee”), which can be found at NGCcoin.hk/Guarantee, PMGnotes.hk/Guarantee, or ASGstamps.hk/Guarantee. You should refer to the applicable Guarantee to understand the benefits and protections afforded to you as well as the applicable limitations.
8.2 Your Statutory Rights. Nothing in the Guarantee affects your statutory rights as a consumer and is provided in addition to your rights as a consumer.
YOUR RIGHTS TO END THE CONTRACT
9.1 You can always end your contract with us. Your rights when you end the contract will depend on the Services that you requested, whether the Services were faulty or misdescribed, and when you decide to end the contract;
(a) If the Services that were performed were faulty or misdescribed, you may have a legal right to end the contract or to get the Services re-performed or to get some or all of your money back, see clause 12;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 9.2;
9.2 Ending the contract because of something we have done or are going to do If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any period of your membership that you have not used and you may also be entitled to compensation. You cannot receive a refund if the membership level that you selected granted you a grading credit and you have already used the some or all of this grading credit. The reasons are:
(a) we have told you about an upcoming change to your membership or these terms which you do not agree to (see clause 5.2);
(b) we have told you about an error in the price or description of this membership and you do not wish to proceed;
(c) there is a risk that supply of our Services may be significantly delayed because of events outside our control;
(d) supply of our Services has been suspended for technical reasons, or we notify you that we are going to suspend them for technical reasons, in each case for a period of more than 90 days; or
(e) you have a legal right to end the contract because of something we have done wrong.
HOW TO END YOUR MEMBERSHIP WITH US
10.1 Tell us you want to end your membership. To end your membership with us, please let us know by doing one of the followings:
(a) Phone or email. Call Customer Service on +852 2115 3639 or email us at Service@PMGnotes.hk. Please provide your name, home address, your membership number and, where available, your phone number and email address.
(b) By post. Write to us at NGC Hong Kong, Ltd., 1208-10, 12/F, The Gateway, Tower 1, Harbour City, Kowloon, Hong Kong, including details of your membership number.
10.2 How we will refund you. If you are entitled to a refund under these terms we will refund you the price you paid for your membership by the method you used for payment. However, we may make deductions from the price, as described below.
10.3 Deductions from refunds. You may not receive a full refund where the membership level that you have selected and been granted includes a grading credit and you have already use some or all of this grading credit.
10.4 When your refund will be made. We will make any refunds due to you as soon as possible.
OUR RIGHTS TO END YOUR MEMBERSHIP
11.1 We may end your membership if you breach our terms. We may end your membership at any time by writing to you if:
(a) you do not make any payment to NGC Hong Kong or any CCG Company when it is due and you still do not make payment within 7 days of being reminded that payment is due;
(b) you do not comply with the terms and conditions applicable to particular submission types and Services which can be found on our website;
(c) you commit or we have reasonable grounds to believe that you have committed fraud, or any other offence involving deceit or dishonesty;
(d) you use or attempt to use our Services to deprive another member of his or her property;
(e) your conduct brings or threatens to bring us or our affiliates into disrepute or otherwise exposes or threatens to expose us or our affiliates to legal or regulatory action;
(f) in our reasonable opinion your behaviour is abusive or inappropriate towards our staff or the staff of any of our affiliates; or
(g) in our reasonable opinion you are not eligible for this membership because for example you are carrying on business as a dealer, or a person in your household is already a member.
11.2 You must compensate us if you breach these terms. If we end your membership in the situations set out in clause 11.1 we will refund any money you have paid in advance for the remaining period of your membership but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. This may mean that you will not be refunded for the cost of your membership.
11.3 We may withdraw your membership. We may write to you to let you know that we are going to stop providing your category of membership in Hong Kong and/or that NGC Hong Kong is going to stop providing Services. In either event we will let you know at least 28 days in advance and will refund you an amount equal to the value of your unused membership.
12.1 We are under a legal duty to ensure that your membership is provided in conformity with this contract.
IF THERE IS A PROBLEM WITH YOUR MEMBERSHIP
13.1 How to tell us about problems. If you have any questions or complaints about your membership, please contact us using the contact information in clause 2.2
PRICE AND PAYMENT
14.1 Where to find the price for your membership. The price of your membership will be the price indicated on our website or application form according to the level of membership you select.
14.2 When you must pay and how you must pay. We accept payment with Visa, Mastercard and American Express. You must pay for your membership yearly in advance and this is a condition of us accepting your application for membership.
14.3 Autorenewal of your membership. If you sign up for AutoRenew when you join or at any time after you have joined we will automatically renew your membership by charging your credit card. We will automatically renew your membership every year unless you tell us not to.
14.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of HSBC Bank plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
14.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest on the amount reasonably disputed until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
15.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
15.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to your membership.
15.3 We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity or any indirect or consequential loss arising under or in connection with any contract between us where you are a business.
HOW WE MAY USE YOUR PERSONAL INFORMATION
OTHER IMPORTANT TERMS
17.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation at any time without your consent, but we will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
17.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
17.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
17.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
17.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to allow you to be a member, we can still require you to make the payment at a later date.
17.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by or construed in accordance with the laws of Hong Kong and the Hong Kong Courts will have exclusive jurisdiction over any claim arising from, or related to, these terms.
Für die deutsche Version dieser Garantie, klicken sie hier.