Terms and Conditions of Collector Membership
Customers may be a Collector or an Authorized Dealer. The present Membership Agreement applies to Collectors.
Parties to an executed Membership Agreement are the applying Customer and NGC GmbH. NGC GmbH may subcontract Services from its affiliated companies in the United States:
- Certified Collectibles Group, LLC ("CCG")
- Numismatic Guaranty Corporation (“NGC”)
- Numismatic Conservation Services (“NCS”)
- Paper Money Guaranty (“PMG”)
- Certified Guaranty Company (“CGC”)
- Classic Collectible Services (“CCS”)
These companies are referred to collectively in this document as "CCG Companies" and each as a "CCG Company." For corporate details of the CCG Companies please refer to the background information on the “About” page.
By completing and submitting a Membership application, Customer is agreeing to accept these Terms and Conditions of the Membership Agreement which includes
- the Service Terms and Conditions (“Service Terms and Conditions”),
If a Customer prefers to order Services directly from a CCG Company in the US, it may turn to the website of such relevant CCG Company and place its order under applicable US law in the procedures prescribed on such website.
2. Membership, Fees
Upon acceptance by NGC GmbH of the application to become a Customer under the Membership Agreement, the applicant is considered a registered Customer who is entitled to submit, on the basis of a Submission Form, coins and notes (“Collectibles”) to NGC GmbH. As a Member, the Applicant agrees to be bound by and comply with this Membership Agreement and on a supplementary basis, the CCG Companies’ practical and administrative procedures and rules as the same may be published on NGC GmbH’s websites from time to time. In the event of a conflict between these CCG rules and the terms of the Membership Agreement, the terms of the Membership Agreement shall prevail.
Applicant acknowledges that by completing and signing the Membership Agreement application, it agrees to pay NGC GmbH the full amount of the membership fee through the credit card account listed in the application, and agrees to pay for any membership renewals requested by the Applicant and approved by NGC GmbH. It further agrees to pay the fees identified on the Submission Form.
The Applicant acknowledges that the membership fee is refundable only if a written request for termination of membership and a refund of membership fees is received by NGC GmbH within the first thirty (30) days following acceptance of membership, and that once any service fee obligation is incurred by Applicant (even if paid by offset against an initial credit provided to the Applicant), or such thirty (30) day period has expired, the fee is no longer refundable. The rights resulting from the statutory withdrawal right prevail.
3. Right of Withdrawal Notice
3.1 Right of withdrawal
The Customer has the right to withdraw from this Membership Agreement and any Submission Form without giving any reason provided that the withdrawal period will expire fourteen days from the conclusion of the relevant contract and the disclosure of withdrawal right instructions.
The Customer can exercise its right of withdrawal by informing NGC GmbH with an unequivocal statement (e.g. a letter sent by post, fax or e-mail) about his/her decision to withdraw from this contract. If Customer decides to inform NGC GmbH of his/her withdrawal from the contract, he/she may use the attached model withdrawal form but the use of this form is not obligatory.
The withdrawal declaration must be addressed to:
NGC International GmbH
80335 Munich, Germany
or electronically completed and sent to Service@NGCcoin.de.
To meet the withdrawal deadline, it is sufficient for the Customer to send communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
The withdrawal right ends before the expiration of the 14 day withdrawal period if the Customer has expressly authorized NGC GmbH to start contract services prior to the end of the withdrawal period, and if he/she has confirmed in this case his/her knowledge to the effect that he/she will no longer have a withdrawal right once NGC GmbH has completely fulfilled the contract (§ 356 (4) Civil Code).
If Customer withdraws from the contract before NGC GmbH has completely fulfilled the contract (that is, at a time when the withdrawal right still exists), then NGC GmbH may demand compensation for the value of the partial membership services rendered up to the time of the withdrawal. Such compensation may be claimed only if Customer has expressly authorized NGC GmbH to start with the membership services prior to the end of the withdrawal period (Sec. 357 (8) Civil Code).
3.2 Effects of withdrawal
If Customer withdraws from this Membership Agreement or a Submission, NGC GmbH shall reimburse to Customer all payments received from Customer in connection with the relevant contract, including the costs of delivery of membership services (with the exception of the costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. NGC GmbH will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless Customer has expressly agreed otherwise; in any event, Customer will not incur any fees as a result of such reimbursement.
4. Contract Violations, Termination
The Customer agrees not to engage in conduct (acts or omissions) which constitutes (i) fraud or deceit, (ii) an illegal conversion of a fellow Member’s property, (iii) a violation of criminal statutes, or (iv) conduct involving moral turpitude, or otherwise which would threaten the reputation of NGC GmbH, CCG and/or the collecting community (collectively, the “Prohibited Acts”). The Customer understands that Membership shall be subject to immediate termination upon written notice from NGC GmbH in case it is responsible for any Prohibited Act. Customer understands and agrees that membership is further subject to revocation upon thirty (30) days’ written notice if the Customer fails or refuses to make timely and proper payment of financial obligations to NGC GmbH after requests to cure and correct such fault. In addition, NGC GmbH reserves the right in its sole discretion to terminate Membership at any time on written notice should the Customer engage in behavior that NGC GmbH considers abusive or inappropriate with respect to the staff of any CCG Company, or with respect to any other member of the community. Membership may also be terminated for any reason by either party upon thirty (30) days’ written notice to the other party
5. Customer Responsibilities
The Customer understands and agrees that it is financially responsible for Collectibles submitted to NGC GmbH (including risk of loss during shipment except if insured) pursuant to the terms of the applicable Submission Forms. Payment for all services must accompany each order. Credit cards may be billed immediately from the day of receipt of a Submission Form by NGC GmbH.
6. Intellectual and Industrial Property Rights
The Customer further agrees that all worldwide rights to use, reproduce and distribute images made by NGC GmbH or any CCG Company of any Collectibles submitted by the Customer in any media, including without limitation, print, video, Internet, catalogs or other publications, belong exclusively to NGC GmbH, or such CCG Company, as applicable. Such rights shall extend to any technology now known or which may hereafter become known. The Customer agrees that if, as a result of NGC GmbH’s or any CCG company’s use of imaged material as provided by Customer, any releases, authorizations, consents, payments and/or licenses are required from any third party, then the Customer shall be fully responsible for any such releases, authorizations, consents, payments and/or licenses and further agrees to hold NGC GmbH, and all CCG Companies harmless from and against any losses, costs, claims, judgments, damages and expenses arising from the Customer’s breach of the foregoing obligations.
7. No Dual Memberships
The Customer understands and agrees that authorized dealers of NGC GmbH may not also be Collector Members and vice versa, and that collector membership is limited to one per household.
8. Written Form
This Membership Agreement may only be amended or modified by the Parties hereto by written agreement. This written form requirement applies as well to this clause 8.
9. Applicable Law
The laws of Germany without regard to its conflict of laws principles shall apply to transactions and / or disputes between NGC GmbH or any CCG Company and any Customer except in respect of the Guarantee provided by a US affiliate under US Law.
Any invalid or not enforceable provision hereof shall leave any other provision in full force and effect. Should any provision hereof be or become invalid or unenforceable in any given legal relationship, the parties agree to replace such invalid or unenforceable provision by a valid and enforceable counterpart which best reflects and meets the parties’ commercial intentions.
Should there be any discrepancy between the German language version of these Terms and Conditions and the version of these Terms and Conditions as translated into another language, the German language version shall prevail, govern and control in all respects.