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General Terms and Conditions

Validity

The following General Terms and Conditions apply to all legal transactions between Numismatik Auktionen GmbH and the customer.

Conclusion of Contract

Your order represents a binding offer to conclude a sales contract with us. A legally valid sales contract is only concluded if we accept your offer within 14 days. This occurs when we give written confirmation (advance invoice) or despatch the product ordered to you. We will confirm the receipt of an order placed via Internet immediately by sending you an e-mail at the address you have given. The confirmation of receipt does not yet constitute a binding acceptance of the order. The notice of acceptance can, however, be connected with the confirmation of receipt. No guarantee is provided that the texts and illustrations presented in the Internet are accurate, complete or up to date. Our rights remain unaffected by printing errors or other mistakes. Information not contained in a written contract, provided by word of mouth, is not binding and is required in written form to be valid. By issuing an order you accept our General Terms and Conditions.

Despatch Costs

The despatch costs are charged to you according to individual criteria. These are determined by the size and weight of the article you have ordered. In the event of your exercising an existing right of revocation, you will not be charged for returning the item. Losses during despatch are covered by insurance.

Delivery, Term of Delivery

Delivery, especially to buyers unknown to us, only takes place following advance payment unless otherwise agreed. In the case of advance payment an invoice is sent to you on acceptance of your offer, which you must settle with us promptly. After receipt of payment we will forward the goods to you within 14 days.

If the customer is a trader the risk of accidental loss of, or damage to the goods is transferred to the customer when they are handed over. In the case of a contract of sale involving the carriage of goods, it passes to the customer when the goods are surrendered to the haulage contractor, forwarding agent or other person or institution entrusted with the execution of despatch.

If the customer is a consumer, in the case of a contract of sale involving the carriage of goods the risk of accidental loss of, or damage to the item purchased is not transferred to the purchaser until the item has been handed over. The time of handover remains the same even if the consumer delays acceptance of the item purchased.

The despatch risks borne by us are covered by adequate insurance arrangements.

Payment

All prices are quoted in euros. The coins offered are liable to differential taxation according to § 24 of the Value Added Tax Act. Any further taxes due, as well as import and export duty, are to be paid by the customer. The customer should obtain information about this beforehand, or contact us. In the case of advance payment and despatch by invoice, payment must be made within eight days of receipt of the invoice to one of our bank accounts shown below.

Our Banking Details:

We accept payment by VISA and MASTERCARD credit cards and are happy to inform you about the relevant service charges. We would request that you contact us first regarding payment with these cards.

Right of Revocation

You can revoke your contractual agreement within 14 days without giving reasons, either in text form (e.g. letter, fax, e-mail) or – if the item is surrendered to you before expiry of this period – by returning the item to this address:
Numismatik Auktionen GmbH
Kollmayergasse 12/7
1120 Wien
Austria

Fax: (+43) 662 643276
E-mail: office@fruehwald-shop.com

Consequences of Revocation

In the event of valid revocation the benefits received by both parties must be returned and, where necessary, any use derived (e.g. interest) reimbursed. If you are unable to return or reimburse the benefits received or use (e.g. use and enjoyment) derived, in whole or in part, or can only do so in a degraded condition, you must pay us compensation for value lost in this respect. You need only pay compensation for degradation of items and use derived to the extent that the use or degradation can be ascribed to handling of the item for purposes other than checking its properties and mode of operation. Items which can be sent as parcels are returned at your own risk.

Reservation of Ownership

In contracts with consumers we reserve ownership of the goods until complete payment of the purchase price. In contracts with traders we reserve ownership of the goods until settlement of all claims arising from an ongoing business relationship.
As long as the purchase price is not yet fully paid, the customer is obliged:
a) to handle the goods carefully, and in particular not to clean coins or treat them with chemical agents or other materials; and
b) to report to us without delay any access to the goods by third parties, for example in the case of a seizure, any damage to or destruction of the goods, and/or
c) any changes to the possession of the goods or to the customer’s own home address.

We are entitled to resell the goods in the ordinary course of business. The customer shall immediately relinquish all claims amounting to the total sum invoiced which might arise through resale to a third party. We shall accept this relinquishment with immediate effect. After relinquishment the trader is entitled to recovery of the debt. However we reserve the right to recover the debt ourselves if the trader does not fulfil their payment obligations correctly and falls in arrears.

Liability for Defects

If items delivered should reveal obvious defects, including damage in transport, you are obliged to complain about such defects at once. However, omitting to make such objections has no consequences for your legal rights if you are a consumer.
The authenticity of all coins and medals offered is guaranteed. The customer enjoys the legal rights of guarantee.
You can contact our customer service in writing, by telephone or by e-mail during normal business hours.
In the event of a guarantee claim the consumer is entitled to repair of defect or delivery of non-defective goods according to the form of enforcement chosen (supplementary performance). If the form of supplementary performance chosen involves disproportionately high costs, the claim is limited to the relevant alternative form of supplementary performance. Further rights, in particular with regard to the rescission of the sales contract, can only be exercised after the appropriate period for supplementary performance has expired, or the supplementary performance has twice failed, or we have declined to offer the supplementary performance.

Data Protection

All personal data are basically treated confidentially and not forwarded to third parties.

Limits of Liability

In all cases in which, on account of the contractual or legal basis of claims, we are obliged to provide compensation for damages or reimbursement of expenses, we are only responsible to the extent that we are charged with wilful intent, gross negligence or injury to life, person or health. Liability regardless of negligence or fault in the sense of the Product Liability Act remains unaffected. Liability for culpable breach of fundamental contractual obligations also remains unaffected; however liability in this respect is limited to foreseeable damages typical for the contract, except in the case of clauses 1 and 2. No change to the burden of proof to the customer’s disadvantage is associated with the above regulations.

Applicable Law, Place of Jurisdiction

The place of fulfilment is Salzburg. Austrian law applies, with the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If the customer is a trader, legal entity under public law or special fund under public law, the exclusive place of jurisdiction for all disputes arising out of this contract is the place of business of Numismatik Auktionen GmbH, Salzburg. The same applies if the customer has no general place of jurisdiction in Austria or their place of residence or usual domicile is unknown at the time the complaint is filed.

If individual conditions of the contract with the customer, including these General Terms and Conditions, should become wholly or partly invalid, the validity of the remaining conditions remains unaffected thereby. The wholly or partially invalid regulation shall be replaced by a new regulation whose commercial intent comes as close as possible to that of the invalid regulation.

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