Conditions of Use
General Terms and Conditions
§ 1 Scope of General Terms and Conditions, protective clauses
(1) The following General Terms and Conditions apply exclusively for any legal relations established through this online shop between the 2 Euro Münzenkatalog / Coin Catalogue – represented by Sebastian Richter and hereinafter referred to as “vendor” – and its customers, whereby each version effective at the point of time of the order is applicable.
(2) Any customer general terms and conditions that differ from the present General Terms and Conditions are ineffective unless expressly agreed to in writing by the vendor.
§ 2 Effectiveness of contract
(1) The presentation of goods in the online shop does not constitute a binding offer of the vendor to conclude a purchase agreement. It is only an invitation to the customer to make an offer by ordering.
(2) By placing an order in the online shop, the customer submits a binding offer to conclude a purchase agreement for the selected goods in the basket. By placing an order, the customer also accepts these General Terms and Conditions as the only applicable terms and conditions for the legal relation between the customer and the vendor.
(3) The vendor shall confirm receipt of the customer’s order by sending a confirmation e-mail. This confirmation does not mean that the vendor accepts the customer’s offer to conclude an agreement. It is only an information for the customer that his/her order has been received by the vendor. The offer to conclude a purchase agreement shall only be accepted by delivering the goods to the customer or by an explicit acceptance agreement.
§ 3 Right of revocation according to § 13 BGB
Right of revocation:
Any customer has the right to revoke his/her contractual statement within 2 (two) weeks by giving written notice (e.g. letter, fax, e-mail) or – if the customer has received the goods before expiry of the stated term – by returning the goods without stating any reasons. The stated term shall begin after the customer has received this instruction in written form but not before the day of receipt of the goods by the customer (in case of the repeated delivery of similar goods, not before the day of receipt of the first partial delivery) and not before the vendor has complied with his duties to supply information according to § 312c Abs. 2 of the German Civil Code (BGB) in connection with § 1 Abs. 1, 2 and 4 BGB-InfoV as well as his duties according to § 312e Abs. 1 Satz 1 BGB in connection with § 3 BGB-InfoV. To comply with the stated term, it shall be sufficient to dispatch the revocation notice or the goods on time.
The revocation notice must be sent to:
2 Euro Münzenkatalog / Coin Catalogue
Sebastian Richter
Am Schäfergraben 16
65843 Sulzbach
Germany
E-Mail:
Fax: +49 01805 - 002 888 22
Consequences of revocation:
If an effective revocation has been made, the contractual performances received by both parties must be returned, and any benefits received (e.g. interest) must be handed over. If the customer cannot return all or any part of the goods received or if the customer can only return them in a poorer condition, the customer must reimburse the equivalent value. This shall not apply if the goods are returned and their poorer condition is solely attributable to their inspection, such as would have been possible for the customer in a shop situation. The customer can avoid the obligation to reimburse for any loss in value of the goods by not making use of them as a consumer and by refraining from all actions that would impair the value of said goods. Goods that can be dispatched as parcels are to be returned at the vendor’s risk. The customer shall bear the cost of return shipment if the goods delivered to the costumer correspond to the goods ordered by the customer and if the price of the goods to be returned does not exceed 40 (forty) euros or, in case the goods have a higher price at the time of revocation, the customer has not yet made the payment or a contractually agreed part thereof. In all other cases, the return shipment shall be free for the customer. Goods that cannot be dispatched as a parcel shall be collected from the customer. Payments must be refunded within a period of 30 (thirty) days. For the customer, said period shall begin from the day of dispatch of the notice of revocation or the goods received; for the vendor, it shall begin from the day of receipt of the goods returned.
§ 4 Retention of title
The goods delivered remain in the property of the vendor until full payment has been received.
§ 5 Terms of payment
Payment of the purchase price is due on the date of conclusion of the purchase agreement.
§ 6 Exclusion of liability
(1) Unless otherwise provided herein, claims for damages of the customer are excluded. If the customer asserts claims against statutory representatives of the vendor or persons employed by the vendor in the performance of his obligations, the aforementioned exclusion of liability shall also apply for these statutory representatives or persons employed by the vendor in the performance of his obligations.
(2) The exclusion of liability laid down in (1) shall not apply to claims for damages due to injury to life, body or health and claims for damages due to infringement of major contractual obligations. Major contractual obligations are any contractual obligations that are essential for the achievement of contractual targets. The exclusion of liability shall not apply to any damages due to intentional or grossly negligent breach of duty by the vendor, statutory representatives of the vendor or persons employed by the vendor in the performance of his obligations.
§ 7 Assigning and pledging of claims and rights
Assigning or pledging any claims or rights to which the customer is entitled vis-à-vis the vendor is excluded unless agreed to in writing by the vendor. The vendor shall only be obliged to give such consent if the customer can prove a legitimate interest in such assigning or pledging.
§ 8 Rights of set-off
The customer shall have no right of set-off unless the claim to be set off remains undisputed or has been established as legally valid.
§ 9 Choice of law & place of jurisdiction
(1) The contractual relations between the vendor and the customer shall be governed by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction for all legal disputes arising from the contractual relationship between the customer and the vendor shall be Sulzbach, provided that the customer is a merchant, a legal entity governed by public law or a special fund governed by public law.
§ 10 Severability
If any provision of these General Terms and Conditions is or becomes illegal, invalid or unenforceable, that shall not affect the legality, validity or enforceability of any other provision of these terms and conditions.